2006-07-11.
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
July 11, 2006
Board:
Conservation Commission
Members Present
Chair David Lang, Vice Chair, Tony Paluzzi (Vice-Chair),
Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes, Mary
Reilly, and Bill Squibb
Members Absent:
None
Others Present:
Amy Maxner – Environmental Planner
Recorder:
Eileen Sacco
Chairman Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot
Street, Beverly, MA.
Discussion with Mayor William Scanlon – Former Vitale Site
Michael Lotti of New England Power Co. addresses the Commission and reviewed the
request for the location of the restroom/storage facility for the Vitale Site. He notes that
they are still waiting for comments from the City Solicitor on the AUL draft.
Cademartori questions whether this action by the Commission would trigger Article 97.
Lotti notes that there is no issue with Article 97 as the City has abandoned the idea of a
concession stand this building and will facilitate the use of the property for recreational
purposes only. He explains that Article 97 will come into play if a commercial use is
proposed.
Hayes notes that there are two steps that the Commission must take. He notes that the
Commission has never formally said that playing fields should be there, noting that
personally he is fine with it but suggested that the Commission should formally vote on
this specific plan.
Paluzzi asks how much lead-time they need for constructing the building. Lotti states
that they need 2-3 months.
Maxner recalls that a conceptual plan for the playing fields was presented to the
Commission in an effort to keep the Commission in the loop, and allow NEPCO the
flexibility to prepare the site for ball fields.
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July 11, 2006 Meeting Minutes
Page 2 of 26
Cademartori states that in order to expedite this process he would be in favor of a special
meeting in August if necessary to hold the public hearing and review the AUL and field
maintenance plan for final licensing the use.
Lang cautions that the Commission should not lose the opportunity to build the structure
noting that at some point NEPCO has to finish the project and they are not likely to wait
for a long period of time. He also notes that he does not recall anyone on the
Commission opposing the use of the site for playing fields. He also states that he does
not see why Article 97 would come into play here.
Lang also notes that the City has offered properties in compensation for using the Vitale
site for fields.
Johnson suggests that the Commission approve the concept of the building and the
playing fields so that things can move ahead.
Hayes states that he could agree to that, but notes that he does not want to lose the
opportunity for the Commission getting the compensatory land as well.
Lang notes that the Mayor proposed two parcels and he is not sure if the Commission will
get both of them but suggests that they could lobby for them.
Lotti reviews the location for the proposed building. He notes that he has reviewed this
with Mike Collins, DPW Director, and his recommendation was to locate it near the
street to deter vandalism as well as ease for utility connection from Cabot Street. He
also shows photos of the building, which is 21 X 43 and is of material that is sound.
Johnson moves to approve the concept of playing fields and restroom/storage facility at
the Vitale site, with the condition that the City proceeds with the consideration of a land
swap compensation package and that the City provide a viable maintenance plan for the
site . Paluzzi seconds the motion. The motion was approved (7-0)
Cademartori notes that this issue has been informally considered at length and suggests
that the Commission hold a special meeting in August for the purpose of settling this
matter so that all of the details will be in place prior to the construction of the building.
Hayes notes that if the Commission agrees to the terms of the AUL the terms need to be
finalized. He suggests that the Commission should have a process in place for Article 97
whether they use it or not for the future.
There being no further questions or comments regarding this matter Cademartori moves
to continue the matter to September 12, 2006, seconded by Johnson. The motion carries
(7-0).
Certificate of Compliance
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July 11, 2006 Meeting Minutes
Page 3 of 26
Continuation: 8 Beaver Pond Road – DEP File #5-795 – Michel Reichert
Maxner notes that the Commission requested additional information from the applicant
and asked him to check with the Board of Health as to whether the discharge from the
driveway drai pipe is allowable directly over the leeching field of the septic system. She
notes that she spoke with the Board of Health agent and he has been in touch with the
owner and they are working on this. She recommended that the matter be continued to
September 12, 2006.
There being no further questions or comments regarding this matter Cademartori moves
to continue the matter to September 12, 2006, seconded by Johnson. The motion carries
(7-0).
Continuation: 208 Hart Street – DEP File #5-795 – Michael DiGuiseppe
DiGuiseppe addresses the Commission and starts to explain the new information on his
site. Lang suggests that the Commission hear all of the information during the public
hearing on the Notice of Intent.
The matter was tabled until the public hearing portion on the meeting.
New: 175 West Street – DEP File # 5-446 – John Newbury
Mr. Newbury explains that the Order was issued in 1993 for the reconstruction of an
existing pier and the order lapsed and the work was never completed. He notes that he is
now requesting to close out this order.
Maxner notes that she recommends that the Commission issue a Certificate of
Compliance indicating that the Order is no longer valid and the work never commenced.
Cademartori moves to issue a Certificate of Compliance. Squibb seconds the motion.
The motion carries (7-0).
New: 175 West Street – DEP File # 5-570 – Edith Newbury
Maxner explains that the Order of Conditions was issued in 1997 for the reconfiguration
of the driveway. She notes that the Order lapsed and the work never commenced.
Maxner notes that she recommends that the Commission issue a Certificate of
Compliance indicating that the Order is no longer valid and the work never commenced.
Paluzzi moves to issue a Certificate of Compliance. Hayes seconds the motion. The
motion carries (7-0).
New: 175 West Street – DEP File # 5-622 – John Newbury
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July 11, 2006 Meeting Minutes
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Maxner explains that the Order was issued in November of 1997 for the reconstruction of
a pier and floats within rocky intertidal shore, coastal beach and land subject to coastal
storm flowage. She notes that the certification by the applicants engineer indicates
substantial compliance with the order and approved plans with minor deviations.
Paluzzi moves to issue a Certificate of Compliance for DEP File #5-622. Johnson
seconds the motion. The motion carries (7-0).
New: 175 West Street – DEP File # 5-740 – Edith Newbury
Maxner explains that the Commission issued an Order for the reconfiguration of the
driveway and landscaping activities within the Riverfront Area and Buffer Zone. She
also notes that the applicant has requested a waiver from the as built plans considering
that the Commission recently approved an Order for work on the site including the re-
reconfiguration of the driveway which was observed in a recent site inspection. She notes
that she recommends the issuance of the Certificate of Compliance and waive the
requirement for the as built plans.
Paluzzi moves to issue a Certificate of Compliance for DEP File #5-740, and to waive the
requirement for the as built plans. Johnson seconds the motion. The motion carries
(7-0).
New: 6 Fosters Point – DEP File # 5-868 – Janet Gallagher
Lang recused himself from discussion this matter and leaves the room.
Maxner addresses the Commission and recalled that the applicant inquired with the
Commission as to whether the compliance inspection report from the Army Corp of
Engineers would suffice for the as built certification and members indicated that this
would be acceptable as long as there were no other facets to the project and there are not.
She also notes that she held a site inspection and shows the Commission photos of the
site and recommends that they issue a Certificate of Compliance.
Hayes moves to issue a Certificate of Compliance for DEP File # 5-868. Squibb seconds
the motion. The motion carries (6-0-1) with Lang recused.
New: 2 Fosters Point – Lang
Maxner explains that this was a filing that she forgot to place on the agenda for the
meeting this evening. She explains that the applicant submitted the compliance
inspection report from the Army Corp of Engineers.
Eileen Lang explains that their efforts to restore salt marsh grass have been fairly
successful and provides before & after photos of the area showing advanced salt marsh
grass growth.
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July 11, 2006 Meeting Minutes
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Johnson moved to issue a Certificate of Compliance for 2 Fosters Point. Hayes seconds
the motion. The motion carries (6-0-1) with Lang recused.
Lang returned to the meeting at this time.
New: 12 Landers Drive – DEP File #5-184 – Stephen Raber
Maxner explains that in March of 1986 the Commission issued an Order of Conditions
for the subdivision known as Beaver Pond Estates, which included Landers Drive,
Middlebury Lane, and Gavin Circle. She explains that this lot was part of that Order and
was within the buffer zone to a BVW. She explains that the property was put up for sale
recently and a title search shows that a Certificate of Compliance was never issued for
this lot. She explains that she conducted a site inspection and provides photos of the site.
She saw no outstanding issues or problems on site, and recommends approval of the
Certificate of Compliance.
Paluzzi moves to issue a Certificate of Compliance for the lot at 12 Landers Drive DEP
File #5-184. Johnson seconds the motion. The motion carries (7-0).
New: 147West Street – DEP File # 5-761 – George Harrington
Maxner explains that the Commission will be hearing a Notice of Intent later this evening
for this property and notes that this Order covered work involving the construction of a
patio, trellis, planting beds, driveway resurfacing, garage and addition within the
Riverfront Area to a BVW and Floodplain. She notes that the proposed addition was not
built and she inspected the site today and shows the Commission photos. She
recommends that the Commission hold off on action on this until the public hearing
portion of the meeting later this evening.
New: 8 Hawkhill Drive – DEP File # 5-833 – Lawrence Townsend
Maxner explains that the Order covered work for the installation of an in ground pool,
deck, gazebo and buffer zone plantings. She notes that she inspected the site and there
are minor deviations from the approved plans, which included a fence, but the buffer
zone plantings were in greater quantity than what the Order required. She saw no
outstanding issues or problems and recommended approval of the Certificate.
Paluzzi moved to issue a Certificate of Compliance for 8 Hawkhill Road – DEP File # 5-
833. Reilly seconds the motion. The motion carries (7-0).
Request for Determination of Applicability
New: 58 Cogswell Avenue – Install Fence, Above Ground Pool, Irrigation System
and other Landscaping Activities
Maxner reads legal notice.
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July 11, 2006 Meeting Minutes
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Mr. Kluge addresses the Commission and explains that he is proposing to perform
landscaping activities including grading adjacent to the house, the installation of an
irrigation system, above ground pool, play set and perimeter fencing.
Maxner explains that she visited the site and met with the owners and explained the
Commission’s jurisdiction and the 25-Foot No Disturbance Zone, which they intend to
respect. She also explains that the applicants will be removing much debris from both the
wetland and the buffer zone consisting of old pipes, brick and concrete remnants as well
as piles of wood chips and other miscellaneous debris on the site.
Maxner also recalled that she received a complaint from a neighbor that they had cut
down some trees. She explains that when she visited the site she looked at the trees,
which appear to be badly diseased and it was at that point that she explained the
Commission’s permitting process.
Cademartori asks if there is a stonewall at the rear of the property. Maxner explains that
there are large stones but not a formal stonewall, which in her opinion is where the
wetland edge is located. Kluge states that he will place the post and rail fence at the limit
of the 25-foot NDZ if the Commission would like.
Lang asks if there is any public comment at this time. There is no one present who
wishes to comment on this matter.
There being no further questions or comments Paluzzi moves to issue a Negative # 3
Determination with the following Special Conditions:
1. All debris within the wetland and buffer zone shall be removed from the site prior
to the work commencing.
2. Erosion control shall be installed prior to work
3. A pre-construction site inspection shall be held with the Administrator to ensure
that conditions #1 and #2 are followed
Johnson seconds the motion. The motion carries (7-0).
New: 3 Piper Drive – Grade Rear Yard, Install Retaining Wall and Landscape
Richard and Delores Alpern
Maxner reads legal notice.
Maxner explains that the applicant is proposing to raise the grade of the back yard and
install a retaining wall within the Riverfront Area, Buffer Zone to a BVW and the 25-foot
No Disturbance Zone (NDZ). She notes that she did a site inspection and that the
applicant does plan on doing some significant plantings along the edge of the newly
graded yard on the wetland side of the site.
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July 11, 2006 Meeting Minutes
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Reilly notes that she visited the site and she is concerned about the location of the
retaining wall and the slope.
Hayes asks how far the retaining wall is from the NDZ. Maxner states that there is a 5-
foot offset from the wetland at its closest point. She also notes that it is within Riverfront
area is based on the USGS map.
Lang asks Mr. Alpern if he understands what the NDZ is. Mr. Alpern states that he
didn’t know about the restriction before he met with Maxner. Lang suggests that he may
need to formulate a plan that addresses the NDZ waiver criteria. Maxner notes that a
neighbor helped him with the plan and suggests that the Commission visit the site.
Hayes agrees and explains the NDZ noting that nothing should be disturbed within 25
feet of the resource area. He also notes that when the Commission visits the site they
could advise him.
Cademartori questions if there is a floodplain associated with the stream. Maxner states
that she is not sure. Alpern states that he has never seen the stream overtop its banks.
Lang opens the hearing up for public comment at this time.
Paul Nasser of 5 Piper Drive addresses the Commission and states that he feels that the
improvements will enhance the back yard and he fully endorses the plan.
David Corrozza of 6 Piper Drive addresses the Commission and states that he supports
the plan as well.
Joan Murphy, 34 Longmeadow Road, addresses the Commission and expresses he
concern about flood storage on the site.
Paul McCarthy of 15 Cherry Road, addresses the Commission and questions how far
back he is working from the edge of the wetland. Mr. Alpern explains the plan and notes
that he is using a ready lock system.
Hayes states that he is not inclined to approve this under a Request for Determination.
Cademartori agrees and states that he is concerned with the potential drainage impacts on
the neighboring properties as well as the wetland, he also states that the very large wall
will have shading impact on the existing wetland vegetation.
Lang informs Mr. Alpern that he may need to get professional guidance in preparing the
plan if a Notice of Intent is needed.
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July 11, 2006 Meeting Minutes
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Johnson agrees that he could not vote to allow the plan that has been submitted noting
that it infringes on the NDZ and the resource area and a Notice of Intent would address
those matters.
Maxner suggests that a site inspection be scheduled, and in order to save Mr. Alpern
potential unnecessary costs with a NOI application, the Commission may wish to
determine if an NOI would make a difference if the proposed plan is not going to change.
Mr. Alpern states that he is not willing to shrink the proposed footprint of the lawn, as he
does not see that it would be worth it.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the matter to September 12, 2006 pending a site inspection, time to be
determined. Squibb seconds the motion. The motion carries (7-0).
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Squibb seconds the motion. The motion
carries (7-0).
Notice of Intent
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
September 12, 2006 meeting.
Paluzzi moves to continue the public hearing. Squibb seconds motion. The motion
carries (7-0).
Continuation: 44 Prince Street – Reconstruct Single Family House and Guest
House - David Carnevale
Maxner notes that she received a request from the applicants engineer requesting that the
matter be continued to the September 12, 2006 meeting.
Paluzzi moves to continue the public hearing to September 12, 2006. Johnson seconds
motion. The motion carries (7-0).
Continued : 74 Hart Street – Construct 15,300 S.F. and 11,900 S.F. Buildings –
Glen Urquhart School
Maxner states the Commission will recall that the school is proposing to construct a new
classroom facility, upgrade parking and other site work within the buffer zone to a BVW,
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July 11, 2006 Meeting Minutes
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Riverfront Area and Floodplain. She notes that the Commission has requested a peer
review by Camp Dresser & McKee (CDM).
Ginny Roach of CDM, addresses the Commission and explains her findings from the peer
review. She notes that they reached a compromise for providing additional storage
capacity by reducing the impervious surface on the site and maintaining the parking area
in its present gravel condition. She also notes that they made a good effort by proposing
an underground storage system to attenuate peak flows, but there is a problem with the
elevation to groundwater, which may cause it not to function in some storms. She notes
that they may need to reconsider its proposed location on the site based on known
groundwater elevations.
Lang asks if there will be emergency discharge to the wetlands. Nyman statesthat there
would be overflow in a large storm event.
Squibb suggests that they do a test pit this week to determine if this can be accomplished
in the proposed location. He also suggests that they submit a new drawing for review by
CDM to compare the range of groundwater elevations.
George Tremblay addresses the Commission and asks if it is possible for the Commission
to close the hearing and approve this with the condition that they revise the storm
drainage issues. He notes that the bond for the project is contingent upon Conservation
Commission approval and the interest rates are going up as we speak.
Lang states that he feels that there has been good effort on the plans and notes that he
feels that they are in an unfortunate location and applicants cannot always do what they
want to do. He further notes that he is not inclined to rush this and he would rather look
at the new information before approving this. Hayes and Paluzzi agree.
Lang opened the hearing up for public comment at this time.
Ed Brown of 233 Greenwood Avenue addressed the Commission and expressed his
concern about the footprint in phase one noting that the area was underwater in May.
Joan Murphy, Longmeadow Road, addresses the Commission and expresses her concern
about the increased volume of water on the site.
Marianne Splaine of 15 Goodwin Road addresses the Commission and expresses her
concern about flooding noting that it is a huge concern and requested that the
Commission not grant approval for the plan as proposed.
Susan O’Brien of 16 Goodwin Road addresses the Commission and expresses her
concerns about flooding issues.
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July 11, 2006 Meeting Minutes
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Councillor Patricia Grimes of 26 Old Town Road addresses the Commission and
expresses her concerns about the underground storage system proposed, and would
encourage further test pits if they are needed to make sure it works properly.
Councillor Maureen Troubitaris addresses the Commission and expresses her concerns
about the Chubb Brook project not being more successful and encourages the
Commission to require further information from the applicant.
Rene Mary of 274 Hale Street addresses the Commission and expresses her concerns
about the other brook flowing from Preston Place onto the site.
There being no further questions or comments regarding this matter, Johnson moves to
continue the public hearing to September 12, 2006 requiring that additional test pits be
performed in the area for the underground storage unit. Paluzzi seconds the motion. The
motion carries (7-0).
New: 7 Tall Tree Drive – Robert Maihos –Construct Garage and Pool Cabana and
Restore Wetland Resource Area
Maxner reads legal notice.
Maxner addresses the Commission and explains that application to construct a pool
cabana, a detached garage and restoration of the Riverfront Area and BVW. She notes
that the Commission visited the site and inspected the pool and a discussion was held on
the restoration of the cleared areas within the Riverfront Area and the BVW.
Bob Griffin addresses the Commission and explains the history of the property. He
recalls that the Commission approved the pool in June of 2006 and this NOI includes the
restoration of the Riverfront Area and the construction of a pool house and garage. He
explains that the driveway will connect to the 6 bay garage, which will be used to store
vintage vehicles. He also explains that they will convert the lawn area for the pool
cabana use and that is subject to the Beverly bylaws and explained the plan.
Griffin explains that the Riverfront area was altered without a permit and they are
proposing to plant approximately 100 trees on the property noting that 90 will be planted
in the riverfront and 10 will be located east of the garage to replace the trees that will be
removed during demolition.
Lang questioned how far apart the trees would be planted. Griffin states that they will be
planted ten feet on center and that the area of cutting will need to be stumped to
accommodate the new trees and then seeded with a conservation mix. He explains the
restoration plantings within the BVW as well.
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July 11, 2006 Meeting Minutes
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Lang states that he would like the restoration work done before any construction is started
on the garage or the pool cabana.
Hayes states that the garage is bigger in size than the applicant previously indicated
noting that at the May 23, 2006 meeting it they described a four car garage. Griffin states
that he is not sure why they said four because the applicant’s intention has been for a six
bay garage all along.
Cademartori asks who owns the rear lot behind the property. Griffin states that Endicott
College owns the land.
Squibb asks if the driveway will be paved. Griffin states that it will be paved as opposed
to a stone or gravel surface. Squibb states it should be left pervious.
Lang opens the hearing up for public comment at this time.
Rene Mary of 274 Hale Street addresses the Commission and expresses he concern about
the Centerville Creek. She notes that there is poison ivy around there.
Maxner addresses the applicant and states that she wishes that Mr. Carnevale had
informed Mr. Maihos of his obligations with respect to the resource areas before he sold
the property.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Johnson seconds the motion. The motion carries (7-0).
New: 147 West Street – George Harrington – Construct Addition
Maxner reads legal notice.
Tom Keough, Hancock Associates, addresses the Commission and explains that there is
an outstanding Order of Conditions on the property DEP File # 5-761. He explains that
the Order was for the construction of a patio, trellis, planting beds, driveway resurfacing,
garage and addition in the riverfront area, buffer zone to a BVW and Floodplain. He
explained the work that was completed and notes that the applicant did not do the large
addition that was proposed in the filing. He requests that the Commission issue a
Certificate of Compliance for that project.
Keough explains that the applicant is now proposing to construct the addition to the
existing house on pilings within the Riverfront Area, Buffer Zone to a BVW and 100-
year floodplain. He explains that they will construct the addition towards Chubbs Brook
and come out over the existing patio, and that the existing brick patio off the side of the
house will be removed. He also notes that compensatory storage will be provided at
approximately 7,212 cubic feet through the removal of the mounded septic system since
the house will be connected to City sewer system, plans for which is also depicted.
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July 11, 2006 Meeting Minutes
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Maxner notes that she visited the site and took photos. She also explains that the
architect indicated that the air conditioning condenser will be on a concrete pad in a
location to be determined.
Johnson states that he looked at the site and is comfortable with the plan.
Lang states that the location of the condenser unit can be worked out with Maxner.
Lang opens the hearing up for public comment at this time. There was no one present
who wished to comment on the matter.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Hayes seconds the motion. The motion carries (7-0).
Johnson moves to issue a Certificate of Compliance for DEP File # 5-761 - 175 West
Street. Paluzzi seconds the motion. The motion carries (7-0).
New: 27 Ober Street – Christopher Dick – Rehab Seawall with Alterations to
Stairs/Ramp Access
Maxner reads legal notice.
David Smith of Vine Associates addresses the Commission and explains the proposal for
the repairs to an existing seawall, steps to the beach and to raise the height of the wall by
about 18” and backfill with loam and seed for lawn conditions as they exist now. He
shows the Commission photos of the site and notes that the existing wall is 90 years old
and the recent heavy storms that we had caused wave over topping and caused damage.
Smith also notes that they received comments from DEP and reviewed the comments.
He notes that the concern is that the height of the wall and the wave reflection will
undermine the wall.
Lang asks if they plan to use similar size stones and if they plan to do any work on the
water-side of the property. Smith explains that they are proposing to do all the work on
the land side and that no equipment will be used on the beach. He explains that they are
probably going to use a small backhoe and one trip with a cement truck and match the
existing size of the stones within the wall.
Hayes questioned how much fill they wound be using to raise the level of the lawn. Smith
estimates that it would be about 1,600 yards of fill.
Johnson expressed concern about the use of fill in the No Disturb Zone and says that he
visited the site before the meeting and notes that the house is in no danger from this
situation as it is 250 + feet away from the water.
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July 11, 2006 Meeting Minutes
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Lang opened the hearing up for public comment at this time. There was no one present
who wished to comment on the matter.
There being no further questions or comments regarding this matter, Paluzzi moved to
continue the public hearing to September 12, 2006 pending as site inspection on
th
Saturday, September 9 time to be determined. Johnson seconds the motion. The motion
carries (7-0).
New: 31Riverview Street – Rebuild Failed Seawall - Beverly Harlow
Maxner reads legal notice.
Maxner addresses the Commission and recalls that the Commission issued an Emergency
Certification for repair of a seawall at the May 23, 2006 meeting. She notes that this NOI
is an after the fact application for the work.
Mr. Harlow addresses the Commission and explains that he has not yet had the work
done because his contractor never showed up to do the work. He explains that he has
hired a new contractor and expects that the work will be done soon but noted that he has
held off on starting because the emergency certification expired on June 26, 2006.
Johnson states that he visited the site and it is a straight-forward project. He recommends
that the Commission closed the hearing and issue an Order of Conditions.
Maxner agreed and suggests that she would like to expedite the process to get this work
done.
Lang opens the hearing up for public comment at this time. There was no one present
who wished to comment on this matter.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Johnson seconds the motion. The motion carries (7-0).
New: 208 Hart Street – Michael DiGuiseppe – Construct Addition and Porch
Maxner reads legal notice.
Maxner explains to the Commission that the applicant has submitted a NOI as the result
of a positive determination at the last meeting.
Mr. DiGuiseppe addresses the Commission and explains that he has submitted a NOI and
a habitat study as requested to address the BVW alteration to an open body of water.
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July 11, 2006 Meeting Minutes
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Adele Fiorillo addresses the Commission and explains the habitat analysis. She notes
that in 1987 there was no pond on the site and showed photos taken in 1995 that show the
pond. She states that she would not recommend that the pond be filled or reverted back
to BVW in as it provides value and should be left in place. She goes on to detail the
current functions being provided by the pond from the performance standard perspective
and states that there is a multitude of wildlife species that are utilizing the pond and have
become dependent on the pond and should it be reverted to BVW, those species would no
longer be provided with that habitat and possibly eliminate local populations from this
locus.
Cademartori asks how deep the pond is. Fiorillo states that she is not sure. Mr.
DiGuiseppe states that he does not think the center of the pond exceeds two feet. He also
notes that it is murky at the bottom.
Maxner suggests that the install basking logs or some other structure for reptile and other
animal use. Fiorello agreed and states that they will look at something that is functional
and aesthetic.
Mr. DiGuiseppe addresses the Commission and explains his plans to build the addition in
the area that is currently the deck. He notes that it is proposed to be 531 s.f. and is
located more than 25 feet from the BVW.
Lang opens the hearing up for public comment at this time.
Lang notes that the Commission has received a letter from an abutter in support of the
project and reads it into the record.
There being no further questions or comments regarding this matter, Paluzzi moved to
close the public hearing. Johnson seconds the motion. The motion carries (7-0).
New: Massachusetts Bay – Neptune LNG, LLC – Deep Water LNG Port in Beverly
Harbor
Maxner reads legal notice.
German Castro addresses the Commission and notes that he is the project manager with
Ecology & Environment Inc., the primary environmental consultant for Neptune LNG.
He notes that they are in charge of leading the development of basic engineering and
performing environmental studies and analysis necessary to meet the requirements of a
Deep Water Port (DWP) application and they are supporting Neptune in the project
review and permitting process that involves several state and federal agencies.
Castro reviewed the purpose of the project and the need for this additional equipment. He
also described the Neptune Company which is subsidiary of SUEZ LNG NA, part of
SUEZ a global energy company. He also notes that SUEZ owns the Distrigas Terminal
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July 11, 2006 Meeting Minutes
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in Everett, MA and is the longest operator of LNG in the country and a long time trusted
energy supplier providing essential heat and electricity for homes and businesses
throughout the region for 35 years.
Castro explains that Neptune is a proposed deepwater port LNG terminal that will use a
technology called Shuttle and Regasification Vessel (SRV) to deliver additional gas
supplies to Massachusetts and New England. This technology design includes
power/steam generation equipment and controls that exceed environmental performance
standards for air and water. One example is a closed loop vaporization system that uses
no water, while the equipment cooling needs would be satisfied by recirculation of ballast
take waters. No water discharges are contemplated by these vessels during regasification.
Castro explains that this project is planned to deliver a gas base load of 400 MCF per day
which is enough to heat 1.5 million homes per day with a peak of 750 which is
particularly important given the seasonality of the demand in the New England region.
Castro notes that the two permanent components of this project are a permanent
unloading buoy system, including two buoys that are anchored to the sea bottom in eight
points, anchor lines and a flexible riser: and a 24” pipeline that will connect the buoys to
the Hub Line and will cross Beverly’s jurisdiction in between these points. He shows a
slide that depicts the project items.
Castro reviewed the project location and noted on the graphic provided that the port
terminal, including the unloading buoy system, the flow line between the buoys, and a
small section of the main gas pipeline are located in Federal waters within Massachusetts
Bay. In addition, a 9.9 portion of the main transmission pipeline that would be located in
state waters. He notes that the proposed port terminal area is surrounded by the
Stellwagen Bank NMS to the east, state waters to the east, and the Boston Harbor Traffic
Separation Scheme or Shipping Channel. He also explains why the pipeline follows this
route noting that it was designed this way to avoid medium or hard bottoms that would
sustain more ecologically valued habitats and instead crosses the soft bottoms that sustain
benthic communities that can quickly recolonize areas disturbed by pipeline installation
activities.
Castro explains that the segment of the pipe located in Beverly’s jurisdiction would be
located approximately 5 miles away from the Beverly coast line and 3 miles offshore
from Bakers Island. He explained that the pipe length will be 3,828 feet and 24 inches in
diameter. He also noted that the pipe will be concrete coated steel and will be buried a
minimum of 3 feet. He also noted that the pipeline corridor impact area is 5.7 acres and
the anchor sweep impact area is 14.5 acres.
Castro explained the pipeline methodology pipe lay noting that an anchored derrick /lay
barge spread supported by to anchor handling tugs would be used to install the gas
transmission pipeline. Two oceangoing tugs with one cargo barge each (or alternatively a
supply vessel) would regularly supply the construction barge with construction
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 16 of 26
consumables, equipment, food, and other supplies, and take away any trash or equipment
to be returned to shore. The gas transmission line would be initiated by attaching an
initiation cable from the pull head on the derrick/lay barge down to a DMA. The
derrick/lay barge would install the 24 inch diameter gas transmission line form the port
location to the Hub Line SM pipeline in nominal 40 feet pipe joints until the section is
completed.
Castro explains that in order to provide protection against fishing gear, anchor drag, and
stability in current and waves, the gas transmission line would be trenched to a depth of 3
feet from the top of the pipe. The gas transmission line would be trenched following the
placement of the pipe on the sea bottom using a specially designed pipeline plow and
buried along the entire length. Trenching operations would begin as soon as possible
following installation, at which point the derrick/lay barge should be available to pull the
plow. He showed graphics of the process.
Castro explains that the burial of the gas transmission pipeline would be accomplished
using a towed plow line plow. Following confirmation of the gas transmission line
lowering to proper burial depths as required, the plowshares would be reversed to push
the previously excavated soil from both sides of the trench as the plow is pulled ahead.
The entire length of the gas transmission line that was previously trenched would be
backfilled.
Castro explains the timeline for the project and notes that the pipe lay would take place as
follows:
Pipe lay May 30 – June 30, 2009
Trench Pipeline June 25 – July 4, 2009
Backfill Pipeline July 9 – July 18, 2009
Castro reviewed the local environmental conditions. He noted that Neptune implemented
a series of equivalent site specific surveys of two alternative pipeline routes including:
1. Geophysical/Geological Surveys
2. Cultural Resources Surveys
3. Benthic/Habitat Video Surveys
4. Sediment Profile Imaging Surveys
5. Sediment Sampling and Analysis
Castro explains the findings of the environmental conditions observed for the pipeline
segment area to be located within Beverly’s jurisdiction are:
??
Approximately 120 feet water depth
??
Silty Clay and silty sand soils
??
Sediment deposition area up to 50 feet thick
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July 11, 2006 Meeting Minutes
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??
Some metals and organic compounds were detected at low levels, below
regulatory criteria
??
Softer mud habitat with healthy benthic infaunal communities
??
Fish species not abundant due to existing bottom habitats
??
No evidence of Scallops
??
No Lobsters observed
Castro reviewed the key mitigation measures that will be undertaken during the project.
He notes that Neptune is committed to minimizing the impacts to the extent possible
either through design, and use/selection of environmental friendly equipment and
construction methodologies. He also notes as part of this commitment and as reflected in
several documents that key mitigation measures proposed by Neptune include:
Marine Mammals
??
No blasting for the pipe line
??
NOAA certified training programs for vessel crew
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Minimize potential for entanglement by equipment and cable/line selection
Benthic Communities
??
Pipeline route in soft bottom
Water Quality
??
Use of Plow vs. Dredge
??
Avoid contaminated sediments
??
Summer construction to avoid weather delays
Recreational/Commercial Users
??
Advance notice to mariners of construction operations
??
Minimize construction exclusion areas to the extent possible
Cultural Resources
??
Avoid Shipwrecks and other prehistoric sites
??
Unanticipated discovery plan
Fisheries
??
Entire transmission pipeline will be buried
??
Most pipeline construction to occur during NOAA’s rolling closures
??
Spill prevention techniquies and plans will be implemented
??
Offshore to onshore construction sequence to avoid disrupting lobster migration
Geology
??
Top soft soil layer allows plowing of complete pipeline route
??
Bottom will be re-contoured
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 18 of 26
Lang asks if they have any other permits in place for this process. RJ Lyman General
Counsel for Neptune states that they are going through the MEPA process now and
explained the timeline for the permitting process.
Lang also notes that another similar project is also being permitted as well. Lyman
explains that they are going through the MEPA and NEPA processes and the Governor
has the ultimate decision as to who does the work. He also explains that they will be
presenting the project in Manchester and Salem on Thursday evening.
Lang suggests that the Commission may wish to have a peer review of the project.
Cademartori suggests that if the other communities wish to have a peer review perhaps
they could hire one consultant to review for all four communities.
Lang opens the hearing up for public comment at this time.
Rene Mary of 274 Hale Street addresses the Commission and requests a transcript of the
public comment submitted at the meeting in Gloucester and Boston.
Castro notes that the Environmental Impact Study for the project should be ready by the
end of August.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to September 12, 2006. Hayes seconds the motion. The
motion carries (7-0).
New: 240-242 Elliot Street – Bass River JDS, LLC – Raze Two Buildings and
Construct Commercial Buildings
Maxner reads the legal notice.
Bill Manuell addresses the Commission and explains that the applicant is proposing to
raze two buildings and construct a new commercial building and parking configuration
and stormwater management within the Riverfront Area and Buffer Zone to a Coastal
Bank. He explained that they are proposing a commercial building with a drive thru.
Manuell explained the proposed drainage for the site and notes that they plan to capture
stormwater, which will be processed through a treatment system and they estimate that
they will have 85% TSS removal. He notes that they are proposing deep sump on the
outlets to prevent floatables and oils through a Vortechnich unit. He notes that they feel
that this will achieve much higher water quality standards, as there is no stormwater
management on site at present.
Manuel notes that Mass Highway has issued a directive that no more runoff will be
allowed on Elliot Street and that is why they are sending it in another direction as well as
a moratorium place on road opening since Rt. 62 has recently been re-paved. He
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July 11, 2006 Meeting Minutes
Page 19 of 26
reviewed the Riverfront Area regulations Section 310 CMR 10:58 on the redevelopment
of degraded Riverfront Area criteria and notes that he believes they meet the standards in
the Regulations.
Manuell also notes that they will be improving the site and notes that they are doing
landscaping on the site and the stormwater management plan exceeds the requirements of
the stormwater management regulations. He also notes that they have planned for a park
and walkway along the Bass River along with very significant planting plan. He goes
into detailed description of the planting proposal.
Manuell also notes that they are within the 25 foot NDZ and have provided and
alternatives analysis and are requesting a waiver of the 25 foot NDZ.
Lang notes that a concern when the Commission permitted the McDonald’s site was
blowing debris and notes that he would have the same concerns if this is to be a fast food
restaurant. Manuell states that they do not have an agreement with a tenant at this time as
to exactly what kind of establishment will move in.
Lang opens the hearing up for public comment at this time.
Councillor Troubitaris states that she is impressed by the proposed walkway noting that
the Beverly Harbor Management Authority has worked hard to develop a walkway along
the Bass River. She also expressed concerns about traffic and the drive thru. Lang notes
that those are Planning Board issues and are outside of the jurisdiction of the
Conservation Commission.
Maxner notes that she reviewed the plans for the site with Mike Collins and he
recommends the use of Class 5 reinforced concrete piping instead of PVC.
There being no further questions or comments regarding this matter, Johnson moves to
close the public hearing. Paluzzi seconds the motion. The motion carries (7-0).
OLD/NEW BUSINESS
Continuation: 43 Breckenbury Lane – Morse, Purtell, Leonard – EO Discussion
Maxner addresses the Commission and recalls that an Enforcement Order was issued to
the violating parties for the removal of sand from the beach at the end of Brackenbury
Lane. She notes that at the last meeting the Commission voted to require that they submit
a plan for the replacement of 150 cubic yards of compatible with sand detailing analysis,
the source of the replacement sand and the methods and equipment that will be used for
the placement of sand and the locations and relative volumes proposed. She also notes
that the Commission instructed her to confer with Mike Collins as to whether 150 c.y.
was a realistic volume to require. She states that she has reviewed this with him and he
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 20 of 26
has concurred that this is a reasonable volume, but may be a bit more than what was
actually taken.
Joe Purtell addresses the Commission and explains that he has been in touch with the
Army Corp of Engineers and they are agreeable to their plan but they prefer that the
Commission continue to oversee the restoration effort. He requests that they be allowed
to proceed with the work before the next meeting but as soon as possible. He is in the
midst of researching potential sources of sand and will have Peter Williams approve the
sieve analysis as soon as possible. He also requested that they be allowed to do a partial
restoration of about 70-75 c.y. to get started as their finances allow and finish the
restoration when additional finances are secured. Members indicate that it would be fine
to do that as long as the first phase be completed as soon as possible, and instructs Prutell
to keep in close contact with Maxner and provide sufficient notice before work begins.
There being no further questions or comments regarding this matter Hayes moved to
continue the matter to September 12, 2006. Johnson seconds the motion. The motion
carries (7-0).
41R Williams Street – Enforcement Order – Frederick Smuckler – Dana DeStafano
Maxner notes that the members will recall that she inspected this property and observed
wetlands violations of grass clippings and yard waste being dumped directly into the
resource area at the end of the driveway, wetlands border the property. She explains that
she was on site with the tenant who claims to have removed it, but she did not have her
photos with her to compare before and after conditions. She will look at the area closer,
and it may be okay but would like a chance to view the photos and if not she may ask the
Commission to take a look.
Cont: 76 Paine Avenue – Jack Swansberg – Enforcement Order
Maxner explains that the Commission issued an Enforcement Order (EO) for the
installation of an asphalt basketball court within the Buffer Zone and Land Subject to
Coastal Storm Flowage. She notes that the Commission required that the court be
removed and evidence of compliance with the EO be provided in time for this meeting.
She notes that she has not heard from the owner and has no new information at this time
aside from a telephone conversation with Robert Griffin, Griffin Engineering, who stated
that he is preparing an NOI to permit the court as he believes it is allowable under the Act
and the Ordinance.
Hayes suggests that the Commission start fining Mr. Swansburg $100.00 per day until he
takes it out or the Conservation Commission approves it, approval for which is not
guaranteed just because an after-the-fact application is submitted. He states that the fines
should stand and be paid regardless of when the court is removed or if approval is given.
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July 11, 2006 Meeting Minutes
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Paluzzi agrees and thinks this should have come before the Commission as a request for
an Amendment to the existing Order before any asphalt was placed.
Hayes moves to amend the Enforcement Order for 76 Paine Avenue to include fines of
$100 per day until the basketball court is removed or approved by the Commission, and
fines shall not be withdrawn regardless of the final result. Paluzzi seconds the motion.
The motion carries (7-0).
16 Fosters Point, DEP File #5-819 – McDougall – Request for Modification –
Maxner explains that the applicant has been required by the Army Corp of Engineers to
keep the float from bottoming out at low tide. The applicant is requesting to pour
concrete footings within the mudflat and to then attach four legs to the floats so that the
legs will rest on the concrete footings at low tide. She asks the Commission how they
would like this change to be handled.
Cademartori suggests that they check with the Army Corp of Engineers to inquire if this
proposal is acceptable to the Corp. Hayes agrees, and states he is inclined to approve the
change as a minor modification if the Corp approves this design.
Maxner agrees to inform the applicant to receive approval of the design from the Corps
and will advise him on how to apply for a minor modification.
New: 24 South Terrace DEP File #5-810 – Request for Extension – Susan Adams
Maxner explains that the Commission has received a request for an extension of the
Order of Conditions issued for the removal of debris and rubbish and control and manual
management of phragmites within a salt marsh. She explains that the applicant continues
to mow the phragmites and has requested a two-year extension to continue this regime.
She states that she recommends the extension.
Squibb moves to grant a two-year extension for the Order of Conditions for 24 South
Terrace – DEP File # 5-810. Hayes seconds the motion. The motion carries (7-0).
New: 13 Arbella Drive – Installation of Above Ground Pool
Maxner states Mr. Burns had submitted a building permit for an above ground pool. She
conducted a site inspection and took measurements and provides photos of the area where
the pool will be installed. She states the pool will be approximately 40-45 feet from the
wetland at its closest point and will be within a lawn area and no vegetation or trees will
be removed for the pool. She asks if the Commission would consider providing approval
of this now since the next meeting is in the middle of September and requiring an RDA
th
be submitted for the September 12 meeting.
Lang states that this project is something that would easily be approved by the
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July 11, 2006 Meeting Minutes
Page 22 of 26
Commission and would not have a problem requiring an after-the-fact application.
Johnson agrees. Hayes states he is not in favor of providing approvals in this manner, but
recognizes that this project would be approved without much deliberation. Maxner states
the fact that the Commission does not meet in August, which is one of the busiest months
for construction, places people at a disadvantage and thinks in this case it would be unfair
to hold up a benign project such as this.
Paluzzi moves to conditionally approve the installation of an above ground pool at 13
Arbella Drive provided that the owner returns in September with an RDA application.
Johnson seconds the motion. The motion carries (7-0).
18 Fosters Point, DEP File #5-460 – Certificate of Compliance – Construction of a
Pile Supported Pier
Maxner explains that the applicant is requesting a Certificate of Compliance for the
construction of a pile-supported pier. She explains that she conducted a site inspection
and while the pier configuration is not what the Commission approved it is what other
agencies require.
Tom Keough of Hancock Associates explained the changes and the Army Corp of
Engineers requirements that were incorporated after the Order was issued.
Johnson moves to issue a Certificate of Compliance for 18 Fosters Point. Paluzzi
seconds the motion. The motion carries (6-0-1) with Lang abstaining.
New: 17 Cole Street – DEP File #5-809 – Request for Extension of Order of
Conditions
Maxner explains that the applicant has requested an extension of the Order of Conditions
for the construction of a single-family house and associated appurtenances within the
Buffer Zone to a BVW. She notes that the applicant is requesting an additional six
months in order for as built plans to be prepared.
Paluzzi moves to grant a six-month extension for 17 Cole Street – DEP File # 5-809.
Johnson seconds the motion. The motion carries (7-0).
New: 143 West Street – DEP File #5-808 – Request for Extension – Daniel
Carnevale
Maxner explains that the Commission has received a request for an extension of an Order
of Conditions issued for the tear down and rebuild of a single family home and associated
appurtenances and landscaping. She explains that the applicant has yet to perform
extension native landscaping and they are therefore requesting a two-year extension to
allow time for the plantings to be installed and become established.
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July 11, 2006 Meeting Minutes
Page 23 of 26
Paluzzi moves to approve a two-year extension for 143 West Street – DEP File # 5-808.
Johnson seconds the motion. The motion carries (7-0).
New: 783 Hale Street – DEP File #5-918 – Request for Modification – John
Margolis
Maxner informs the Commission that they have received a request for a minor
modification to the Order of Conditions that it recently issued for house renovations,
garage addition, site work and landscaping and BVW restoration. She notes that the
applicant is requesting to place an 8’x 8’ bluestone patio and trellis within the lawn area
as well as burying overhead utility lines within the same drip line of existing lines at the
rear of the house instead of along the driveway. She states that she recommends that the
changes be approved as minor modifications to the plan. She also notes that she would
recommend that erosion control be employed along the utility trench to protect erosion
and sedimentation.
Johnson moves for approval of the minor modification for 783 Hale Street – DEP File #
4-918. Paluzzi seconds the motion. The motion carries (7-0).
New: 107 Preston Place – Violation
Maxner reports that she received a telephone call reporting a wetlands violation at 107
Preston Place. She conducted a site inspection and spoke with the owner, who explained
that he was doing grading behind the rental building because the Mother’s Day flood
th
inundated the basement. She provides photos of site conditions as of Friday June 30
which shows grading adjacent to wetland resource area and continuing down Pole
Swamp Lane. She explains that she instructed the owner to stop all work in the Buffer
Zone and immediately install erosion control at the edge of the wetland, which he had
done so that same day. Commission members agree to schedule a site inspection for
th
Saturday September 9 time to be determined.
Orders of Conditions
7 Tall Tree Drive – Robert Maihos –Construct Garage and Pool Cabana and
Restore Wetland Resource Area
Paluzzi moves to issue a standard Order of Conditions for 7 Tall Tree Drive with the
following Special Conditions:
1. Prior to any construction on the garage or cabana, all restoration plantings shall be
completed and a qualified wetland scientist shall oversee installation of plant
material. When planting is complete, a site inspection shall be held with the
Conservation Agent or a member of the Commission.
2. The proposed access driveway leading to the proposed garage shall be constructed
of pervious material such as clean gravel.
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 24 of 26
3. A qualified wetland scientist shall monitor the restoration plantings at least once a
year for two years after plantings are installed and submit monitoring reports to
the Commission for review. At least 75 % survivorship of plant material shall be
achieved, and if this survivorship is not met the applicant must propose and
implement corrective steps to be approved by the Commission.
4. To prohibit further disturbance of any kind within the Riverfront Area, permanent
granite markers shall be installed at 25-foot intervals along the limit of the 200-
Riverfront Area, and shall bear the following language: “No Disturbance Beyond
This Point By Order Of The Beverly Conservation Commission”.
Hayes seconds the motion. The motion carries (7-0).
147 West Street – George Harrington – Construct Addition
Paluzzi moves to issue a standard Order of Conditions for 147 West Street. Reilly
seconds the motion. The motion carries (7-0).
208 Hart Street – Michael DiGuiseppe – Construct Addition and Porch
Paluzzi moves to issue a standard Order of Conditions with Special conditions for 208
Hart Street. Johnson seconds the motion. The motion carries (7-0)
Special Conditions:
1. In addition to the proposed plantings detailed in the Pond Enhancement Plan, at
least five (5) trees shall be planted on 10-foot centers within the south-east
quadrant of the pond’s edge, and shall consist of a mixture of the following
native, conservation-grade species; (the Commission provides Maxner the
authority to chose the species once she prepares the Order.)
2. Installation of all enhancement plantings shall be completed no later than October
1, 2006.
3. A qualified wetland scientist shall monitor the enhancement plantings at least
once a year for two years after plantings are installed and submit monitoring
reports to the Commission for review. At least 75 % survivorship of plant
material shall be achieved, and if this survivorship is not met the applicant must
propose and implement corrective steps to be approved by the Commission.
4.
No fish of any kind shall be introduced into the pond. This condition shall run in
perpetuity beyond the issuance of a Certificate of Compliance.
240-242 Elliot Street – Bass River JDS, LLC – Raze Two Buildings and Construct
Commercial Buildings
Cademartori states that Bill Manuell misread the waterways regulations regarding the
requirement for the surface of the path. He notes that he reviewed the regulations and
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 25 of 26
there are no surface requirements. He also notes that the path that is there now is a mess.
He recommends that the Commission require that they maintain the walkway as it exists
presently which is a 6 foot paved path.
Discussion ensues regarding possible Special Conditions.
Paluzzi moves to issue a standard Order of Conditions with the following Special
Conditions:
1. The proposed HDPE piping shall be substituted with Class 5 Reinforced
Concrete Piping, HDPE shall not be used on site.
2. The proposed path shall remain 6-feet wide, and may be paved.
3. The entire site shall be monitored and cleaned at least two times a day for errant
trash and debris both during construction and post construction when commercial
businesses are operating. This condition shall run in perpetuity beyond the
issuance of a Certificate of Compliance.
4. A point of access from within the site shall be included to allow pedestrians to
access the path and the proposed benches, but shall not compromise stormwater
collection (i.e. no break in curbing unless a ramp access is provided to elevation
higher than the parking lot to ensure that runoff is directed to the drainage system
within the parking lot.)
5. In order to create a more continuous natural riparian habitat the following
modifications to the landscaping plan shall be made:
a. All established trees and vegetation on site shall remain and
shall not be pruned or thinned;
b. The number of proposed red/October glory maple (Acer
rubrum) trees shall be doubled, final quantity to total 10;
c. The number of Eastern red cedar (Juinperus virginiana) trees
shall be tripled, final quantity to total 9;
d. Trees may be planted on an irregular interval, but no less than
10-foot centers in a random pattern throughout the restoration
area;
e. In order to create a well established, stable vegetated bank,
native ground covers shall be planted along the water-side of
the path and on the coastal bank;
f. Additional native fruit bearing shrubs shall be interspersed
throughout the restoration area as approved by the
Commission;
6. A qualified wetland scientist shall monitor the restoration plantings at least once
a year for three years after plantings are installed and submit monitoring reports
to the Commission for review. 100% survivorship of all trees shall be achieved,
Beverly Conservation Commission
July 11, 2006 Meeting Minutes
Page 26 of 26
and if this survivorship is not met the applicant must propose and implement
.
corrective steps to be approved by the Commission
7. Areas seeded with conservation seed mix shall not be mowed accept immediately
around benches and along path edge. This condition shall run in perpetuity
beyond the issuance of a Certificate of Compliance.
8. Intrusion of invasive plant species shall be monitored and their management and
removal shall be accomplished manually.This condition shall run in perpetuity
beyond the issuance of a Certificate of Compliance.
9. The use of bark mulch shall be limited to achieve initial plant propagation. Areas
shall be stabilized with vegetation. This condition shall run in perpetuity beyond
the issuance of a Certificate of Compliance.
10. The riverfront restoration shall be planted in the initial stage of construction.
11. No construction related materials shall be stored or stockpiled in the riverfront
restoration area.
Squibb seconds the motion. The motion carries (7-0).
New: 31Riverview Street – Beverly Harlow – Rebuild Failed Seawall
Johnson moves to issue a standard Order of Conditions. Reilly seconds the motion. The
motion carries (7-0).
Approval of Minutes
Paluzzi moves to approve the minutes of May 23, 2006. Johnson seconds the motion.
The motion carries (7-0).
Site Visits
Maxner will arrange the schedule for site visits and inform the Commission members of
times.
Approval of Expenditure
Maxner reports the latest invoice from the Commission’s independent counsel, George
Hall, for the Manor Homes at Whitehall appeal is $40.50.
Adjournment
There being no further business to come before the Beverly Conservation Commission
this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The
motion carried (7-0).
The meeting was adjourned at 12:45 a.m.