2007-01-09
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
January 9, 2007
Conservation Commission
Chair David Lang, Vice Chair, Tony Paluzzi, Dr. Mayo
Johnson, Gregg Cademartori, Ian Hayes, and Bill Squibb
Members Absent:
Mary Reilly
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Chair Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, Beverly, MA.
Certificate of Compliance
New: 31 Tozier Road - DEP File #5-779 - Shaw Environmental. Inc.
Maxner recalls that the Commission issued an Order of Conditions for the installation of
three monitoring and injections wells within the buffer zone to an unnamed stream. She
notes that the well installation was associated with site remediation activities in the area
of the former Varian Medical Systems under release tracking #3-0485. She also notes
that the Commission issued a special condition that the applicant shall test for manganese
on the same schedule as for chloride testing and the testing was conducted. Paluzzi asks
what the levels were. The applicant replies that it was consistent with background levels.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Certificate of Compliance. Johnson seconds the motion. The motion carries (5-0-
1) with Cademartori abstaining.
New: 7 Manmret Avenue - DEP File #5-861- Dennis Britton
Maxner recalls that the Commission issued an Order of Conditions and three subsequent
amendments for the construction of a 200' long pile supported pier of varying widths
along its length and associated terminal floats, the construction of a seawall/retaining
wall and tiered landscaping retaining walls as well as grading to provide a level parking
area with associated modular block retaining walls within the riverfront area and over the
Danvers River. She notes that she conducted a site inspection and shows photographs of
the site. She notes that the proposed retaining wall has not been continued and there is
exposed ledge on the site. She further notes that the applicants wishes to come back to
the Commission in a couple of months for the construction of a detached garage and
would like feedback from the Commission as to what application would be expected for
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 2 of 13
that project. Commission members agree that at least and Abbreviated NOI would be
appropriate if not a full NO!.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Certificate of Compliance with Standard Perpetual Conditions. Hayes seconds the
motion. The motion carries 4-0-2 with Lang and Cadmartori abstaining.
Request for Determination
New: 480-486 Rantoul Street - Determination as to Presence of Resource Areas -
Rantoul Street. LLC
Maxner reads legal notice.
Peter Ogen of Hayes Engineering addresses the Commission and explains the history of
the site. He notes that in 1999 they filed a determination for approval and it was
determined that the area was not subject to the wetlands protection act for a number of
reasons. He also notes that site plan review was approved by the Beverly Planning Board
for the site for the construction of a donut distribution operation that was never built. He
reviews the site and notes that there is no evidence of hydrology that would support a
functioning wetland in the true sense. He also notes that in 1983 the City of Beverly
made some drainage improvements that is on the site which consisted of piping an
intermittent stream. He notes the area on the plan. He concludes noting that in summary
they feel that this area does not constitute a wetland.
Cademartori asks if there is a topographic breakdown of the site. Elizabeth Wallis of
Hayes Engineering explains her findings and notes lawn area as well as strands of
phragmites and other invasive plants along the area.
Lang suggests that the Commission visit the site.
Lang opens for public comment at this time.
Rene Mary of274 Hale Street addresses the Commission and expresses her concern that
there is a brook in that area that ran down from Beverly Hospital.
There being no further questions or comments regarding this matter, Johnson moves to
continue to theJanuary 30, 2007 meeting pending a site visit on Saturday January 2ih
time to be determined. Paluzzi seconds the motion. The motion carries 6-0.
Paluzzi moves to recess for public hearings. Johnson seconds the motion. The motion
carries 6-0.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 3 of 13
Abbreviated Notice of Resource Area Delineation
Cont: Trask Street/Sam Fonzo Drive - MaD 78 - Lot2 - Roland Vitale
Elizabeth Wallis of Hayes Engineering addresses the Commission and notes that at the
last meeting the Commission requested additional information on the history of the site,
specifically the fill that was placed on the site over the years. She explains that the draft
report of the soil testing shows that it is fly ash that was dumped on the site in the 1950-
1960's. She notes that the site was recommended for industrial use as long as it is
capped. She also notes that a question was raised as to the jurisdiction of the
Commission and they feel that the Commission has no jurisdiction in this matter since the
filling occurred in the 60's, and early 70's.
Lang notes that he is concerned about the possibility of material on the site leeching into
the water, affecting water quality.
Wallis notes that if the levels are high on the site they will not get a 21E exemption. She
also notes that groundwater samples may show elevated levels but with proper site
development practices contamination should not be an issue.
Ogren suggests that it could be determined when the site comes before the Commission
for development, noting that at this time they are only delineating the wetland. He notes
that the LSP found elevated levels of two heavy metals but felt that they would still get
the exemption.
Cademartori notes that the historic USGS maps indicate that there was a stream either
within or immediately adjacent to this property and there could be fill on top of hydric
soils on the site. Ogren notes that the site has not been filled since the 70's and possibly
the 60' s, and thinks its outside jurisdiction.
Lang opens the hearing up for public comment at this time.
Rene Mary of274 Hale Street addresses the Commission and expresses her concern
about municipal coal gasification waste on the site. She requested that they do water
quality testing on the site.
Ogren notes that the final report from the LSP has been submitted to the Commission this
evening and is dated January 5, 2007. Mary also notes that she disagrees with the
delineation and that fly ash is within the jurisdiction of the Commission. She also notes
that she has seen sheeting and flooding in the area and she is concerned about the
drinking water supply.
Ogren notes that the site is a DEP permitted solid waste facility and the DEP ID# is on
the web site. He further notes that the site has been recommended to industrial use. He
also requests a copy of the report that says that the site is a coal gasification site.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 4 of 13
Paluzzi states that he feels the delineation is appropriate. Lang agrees and notes that
surface water sampling should be done to make sense of the leeching and the LSP can
sort it out ifDEP requires additional work on the site.
Hayes states that he is comfortable with the ANRAD but is concerned about the other
issues, which would most appropriately be addressed during the NOI process.
Maxner recalls that when Sam Fonzo Drive was built the Army Corp. permits indicate
that the Commission must review all work on any site regardless of whether wetlands or
buffer zones are involved to make sure that the drainage is compatible with the initial
roadway calculations. She states that the permits also prohibit any further wetland filling
on any of the parcels within that industrial subdivision.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the hearing and approve the ANRAD. Johnson seconds the motion. The motion
carries 6-0.
Notice of Intent
Continued: 412 Hale Street - DEP File #5-909 - Landmark School- Construction of
Athletic ComDlex with Parkin2: and Athletic Field
Lang recused himself from discussion of this matter and leaves the room.
Jim DeVellis addresses the Commission and explains that they filed an NOI in February
of 2006 and have so far only conducted to hearings on the project. He notes that they are
proposing to construct a new athletic complex, which includes a gymnasium, associated
parking, drainage system and soccer field within 100-foot buffer zone to bordering
vegetated wetland. He reviews the project and notes that the Commission requested a
peer review by Meridian and they are in the midst of responding to their comments. He
introduces Bill Manuell to talk to the Commission about the character of the resource
area.
Bill Manuell reviews the comments regarding the area being a vernal pool. He notes that
there was a cursory designation on the Mass GIS web site about 5 years ago by NHES,
and approximately 30,000 potential areas for vernal pools were identified but they were
never field verified. He also notes that no one from the Fish and Wildlife department has
been out to the site.
Manuell also notes that Tom Keough of Hancock Environmental issued a letter in March
of 2006 indicating that he did not feel that the site could be characterized as a vernal pool.
He also notes that a vernal pool cannot have a fish population in it, but has testimony
available that indicates fish were present in the pond. He also explains that Landmark has
taken students up there to catch minnows with nets.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 5 of 13
He explains that Ms. Leah Basbanes investigated the area and provided a report
indicating that the area is a degraded water body, essentially a pond, with choked aquatic
weeds.
Manuell reviews the definition of a pond as body of water with surface area of 10,000 s.f.
and one that is persistently wet. He also notes that there is an opportunity here to restore
the area to its prior condition and that Landmark proposes to include this in their
curriculum and involve the students in the restoration of this area. He explains in further
detail the propose outline of the curriculum.
DeVellis reviews aerial photos of properties within Landmark's ownership with the
Commission. He also explains the proposed curriculum for Landmark students and
introduces the science teacher who will implement the program with the students.
Paluzzi asks if there is an inlet to the pond. De V ellis states that there is no pipe.
Cademartori requests a copy of the report by Basbanes on the pond.
Johnson states that he feels that this is a good proposal.
Hayes agrees and states that he would like to see the science proposal implemented but
questions how we will know that it will be kept up over time, noting that its obvious that
tthe upkeep of the pond was neglected. De V ellis notes that being part of the curriculum
will address that. He also notes that there will be documentation on the pond done yearly
by the students.
DeVellis also notes that the Beverly ordinance states that a single egg mass constitutes a
vernal pool and federal regulations require more than one egg mass.
Paluzzi opens the hearing up for public comment at this time.
Rene Mary of274 Hale Street addresses the Commission and expresses her concern and
states that she feels that it is a vernal pool and notes that on the north side there is a flow.
Cademartori asks if a study was ever done reviewing the pond for vernal characteristics.
Manuell states that a study of the pond was done for fish species and he will get a copy of
that for the Commission.
Maxner requests data on the field as it exists now and how it is functioning. De Vi1lis
states that there is one field for the entire campus and they use the other sites when
needed for soccer or gathering space. She asks if the property on the aerial photo to the
east south of Hale Street is owned by the school. DeVellis states it is.
Squibb notes the location of the automotive center and asks if they plan to clean up that
area. De V ellis states that they will clean up the area but there is no other place to locate
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 6 of 13
it at this time. He also notes that they will be removing some pervious surface and
installing a chain link fence as well as remove a shed.
There being no further questions or comments regarding this matter, Johnson moves to
continue the public hearing to January 30,2007. Hayes seconds the motion. The motion
carries 5-0.
Cont: 87 LothroD Street - Add Revetment to Base of Existin2: Wall- Jefferv
Filmore
William Kelley addresses the Commission and explains that they have received a letter
from DEP with comments regarding the installation of the rip rap protection at the base
ho the seawall within coastal bank/rocky intertidal shore and that it is not permittable in
DEP's opinion.
Hayes notes that he went back to the site to see the wall at high tide and notes that the
wave action slams against the wall and curves back due to the protrusion of concrete at
the base of the wall. He states that he think it would be advantageous for the beach for
the rip rap to be there absent removing the concrete protrusion.
Kelley agrees and notes that he does not understand the comments made by DEP.
Lang suggests that they should continue it to what was done on the adjacent property,
noting that if the Commission approves it, it is consistent with what was previously
approved by the Commission for the area.
Cademartori suggests that they contact DEP and explain what the Commission has seen
out there.
Johnson notes that the letter from DEP was poorly written, but agrees that it is Coastal
Beach not Rocky Intertidal and does not see how the project conforms to the performance
standards.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
Commission members agree to have Maxner provide additional information and photos
to DEP and ask for further guidance.
There being no further questions or comments regarding this matter, Johnson moves to
continue the public hearing to January 30, 2007. Paluzzi seconds the motion. The
motion carries 6-0.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 7 of 13
Cont: 443 Essex Street - Renovate Buildin2: and Fuel Service Island - Construct
Drive Thru etc. - S.A.S.G. Realtv. LLC
Bob Griffin addresses the Commission and explains that a site visit was held on January
6, 2007 and the plans have been modified since that visit. He notes that he has submitted
the revised plans to the Commission this evening.
Griffin explains that in the rear of the property they have saved a couple of trees and have
noted them on the plan. He also notes that there are some small maple trees on the slope
and they have pulled the rip rap discharge area back 10-15 feet to avoid the trees.
Griffin also notes that the proposed location for the tanks has been noted on the plan and
they have added a stockade fence as well.
Hayes notes that he has a concern about controlling the trash on the site from blowing
into the wetland and thinks a special condition for monitoring such would be appropriate.
Lang opens the hearing up for public comment at this time.
Jacob Isrealson, an abutter addresses the Commission and expresses his concerns about
the history of the site and major gas leaks on the site.
Cademartori asks what the condition of the catch basin in the street in front of the
property is. Bob Griffin notes that he has not looked at it. He notes that the current use
of the site is a gas station and the catch basin is a municipal structure, further noting that
they addressed the catch basins on the site. Cademartori states that he feels that this
would be an opportunity to get that taken care of it need be. Griffin states that he will
check with Mike Collins to see if there are reasonable improvements that could be made.
Ward Six Councillor Patricia Grimes addresses the Commission and asks where the
location of the 8,000 gallon tank would be. Griffin notes the location on the plan.
Rene Mary of274 Hale Street addresses the Commission and states that she thinks that
the water goes to Centerville Creek and questions how much water they will be adding to
the creek. Griffin explains the plans.
Squibb notes that the plan calls for the demolition of the two ends of the building. Griffin
states that they will install concrete pads at those locations and regardless of whether they
get their ZBA approval this plan will be built so they do not anticipate abandoning the
plan if that does not come to be.
There being no further questions or comments regarding this matter, Johnson moves to
close the public hearing. Paluzzi seconds the motion. The motion carries 6-0.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 8 of 13
New: 101 West Street - Construct Sin2le Familv Residence and Detached Gara2e-
101 West Realtv Trust
Maxner reads legal notice.
Bob Griffin addresses the Commission and explains that they are proposing to demolish
the existing boathouse and shed and construct a new single-family house with garage,
driveway, walkways, pool, patio, deck and landscaping with the buffer zone to a coastal
bank and land subject to coastal storm flowage. He explains that the location next to
West Beach and notes the location on the plans. He also notes that the MHW watermark
is on the plan and it is a shallow sloped beach. He also notes that the site has a large
stone seawall. He also explains that they are removing the existing paved driveway.
Griffin states that they are applying to FEMA for a map revision to the flood zone
mapping, noting that the flood maps to not reflect the existing conditions. He also notes
that they are proposing to install a post and rail fence as well as dune grass replanting
where pedestrian traffic has stunted or eliminated its growth. He explains that the
foundation design will depend on the FEMA results and explains their alternatives.
Lang suggests a site visit.
Lang opens the hearing up for public comment at this time.
John Newbury of 1 Beach Street addresses the Commission and expresses his concern
that if you put something in the sand it will change the movement of the sand. He notes
that in the last storm both of his cars were totaled and that the subject property
experiences flooding frequently and cannot agree with Griffin's assessment with regard
to the floodplain be inaccurately mapped. He states that much of the property is at the
same elevation as Beach and West Street and these streets are flooded and therefore
flooding on the property occurs frequently.
Richard Harrison, direct abutter at 97 West Street, addresses the Commission and
expresses his concern about the waves crashing over the seawall. He also notes that he
has seen standing water on the site and he feels that this is an aggressive proposal, which
would displace a lot of flood waters that the site attenuates presently. He is very
concerned as the property presently accommodates a sub-surface septic system that
services his house, which was part of the agreement when he bought the property from
Landmark School.
Joan Murphy addresses the Commission and asks for a clarification of the MHW line in
relation to the property line. Griffin details the location on the plan.
Lang asks if the applicant would like to wait for the FEMA's determination prior to the
Commission rendering a decision. Griffin states in his opinion it would not make a
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 9 of 13
difference as it only really relates to building code and they are prepared to build
whatever is required to be compliant.
Lang states the Commission will continue this hearing and schedule a site inspection.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the Public Hearing to January 30, 2007 pending a site visit on Saturday, January
2ih at a time to be determined. Johnson seconds the motion. The motion carries 6-0.
New: 14 Bavview Avenue - Construction of Addition. Gara2e. Pool Etc. - Elm TOD
Realtv Trust
Maxner reads legal notice.
Bob Griffin addresses the Commission and explains that they are proposing to construct
an addition, garage, pool, patio, walkways, and landscaping within the buffer zone to a
coastal bank. He explains the location of the site and the property on the plan. He notes
that all work will conform with the Wetlands Protection Act and the Beverly Regulations.
Maxner asks if there are any drywells proposed for the roof runoff. Griffin states that
they have not proposed any and explains the drainage on the site.
Johnson suggests that they save the beech trees on the site. Griffin states that they will
construct a tree well for the large tree adjacent to the driveway and explains the locations
on the plan but that the tree closest to the property line will need to be removed as it will
be too close to the new foundation.
Lang opens the hearing up for public comment at this time.
Anna Green of 4 Lawnbank Road addresses the Commission and expresses her concern
about the trees that have been removed from the site so far. She also questions why the
Commission is hearing this application when the Hubbard's are suing the city over the
Planning Board denying their subdivision. She goes onto to explain that hawks frequent
this area and utilize these large trees as perching areas and this project would negatively
impact wildlife habitat.
Griffin states that the regulations allow work to be performed in the buffer zone and the
NDZ and this plan is being respected. He also notes that the Hubbard's are in litigation
with the City but they feel that this design will fit in with the design of the subdivision
should it be approved.
Squibb asks if this lot is part of the subdivision that was denied. Griffin confirms that it
is. Squibb suggests that the Commission should get a clarification on that. Lang notes
that if the Commission reviews and approves this plan they have to build what is
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 10 of 13
approved or they can chose not to and close the Order out with not work having taken
place.
Thomas Harrington, attorney representing Michael Harrington of 7 Bay View Avenue
addresses the Commission and asks to have the drainage explained. Griffin explains the
drainage plans. Harrington states that the Commission can exercise its authority for
projects within the 100-Foot Buffer Zone and determine that too much construction can
have a detrimental impact on both the Buffer and adjacent resource areas.
Andy Devereaux, 11 Lawnbank Road, addresses the Commission and expresses his
concern that if this is constructed what would the purpose of the buffer zone be, noting
that 90% of the structure and the pool is in the buffer zone. Griffin explains the
regulations noting that the wetlands protection act allows work to be done in the buffer
zone with approval from the Commission. He also notes that had the subdivision been
approved it would have come before the Commission for approval.
Tom Johnson of 62 Neptune Street addresses the Commission and expresses his concern
about building in the buffer zone.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the Public Hearing to January 30, 2007 pending a site visit on Saturday, January
27, 2007 at a time to be determined. Johnson seconds the motion. The motion carries 6-
O.
Squibb requests that the location of the pool and foundation be staked out on the property
for the site visit. Griffin agrees.
New: 305 Hale Street - Ebin2er Hall- Renovations to Existin2 Buildin2 - Endicott
Colle2e
Maxner reads legal notice.
Joe Orzel of Gulf of Maine Research addresses the Commission and explains their plans
to address the remaining work proposed as part of the Ebinger Hall addition that the
Commission previously reviewed under an RDA. He notes that the site work includes
the reconfiguration of the paved driveway, removal of sidewalks, closure of the existing
catch basin, and the installation of a water quality swale along the edge of the parking lot
east of the dorm. He also notes that work is proposed within the BVW involving the
removal of a broken clay pipe and re-grading the eroded channel of the stream. He also
notes that they will be within the 25 foot NDZ and will be requesting a waiver from the
bylaw.
Frank Holmes, engineer of Geller DeVellis explains the stormwater management plan for
the site. He notes that there is currently no stormwater management on the site and the
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 11 of 13
vegetated swale will collect runoff from the parking lot, part of which will be removed to
allow for water quality treatment and notes the area on the plan. He further notes that
the runoff will be treated and infiltrated up to a 100-year storm. He also notes that they
will be removing a concrete pad and stairs and replacing them with a lawn area. The
concrete pad is in disrepair and will be replaced.
Squibb asks what they are planning for the existing drains. Holmes states that they will
be removed and new area drains will be utilized. He notes that the existing catch basin
and pipe will be removed when the construction is completed.
Cademartori questions if borings were done in the infiltration area. Orzel locates the
areas where borings and soil testing was done on the site in adjacent areas and they are
confident that similar results will be encountered in this area as well. He notes that the
testing shows that there is good gravelly sand on the site which is great for infiltration.
Lang suggests the Commission conduct a site visit. Paluzzi states that he has been there
and he feels comfortable with the plan.
Lang opens the hearing up for public comment at this time.
Rene Mary of274 Hale Street addresses the Commission and expresses her concerns
about an intermittent stream. She requests that they remove a pipe below the wetland,
which she believes restricts the flow.
Bill Vitkosky addresses the Commission and notes that the current oil fired boiler will be
removed and replaced with gas so there will be no oil deliveries on the site.
Maxner suggests that the Commission wait for DEP comments and continue the public
hearing to January 30, 2007.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to January 30,2007. Hayes seconds the motion. The motion
carries 6-0.
Orders of Conditions
443 Essex Street
Discussion ensues regarding potential conditions.
Paluzzi moves to issue the following conditions:
. Standard Conditions;
. Special Conditions:
1. Prior to construction, a plan depicting the location of the sewer manhole within
the northeast corner of the building shall be submitted to the Commission for its
files.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 12 of 13
2. The existing catch basin located in front of the property within the Essex Street
right of way shall be inspected for gas/oil separation/deep sump function, and
shall be upgraded or retrofitted to provide such function in cooperation with the
City of Beverly Public Services Department.
3. The entire site and adjacent wetland resource areas shall be monitored and
cleaned at least once a week 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.
Johnson seconds the motion. The motion carries 6-0.
5 Holdin2 Street. DEP File #5-647 - Extension of Order of Conditions
Maxner informs the Commission that the applicant has requested an extension to the
Order of Conditions. She notes that this will be the second extension granted on this
project.
Paluzzi moves to grant an extension of the Order of Conditions for six months. Hayes
seconds the motion. The motion carries 6-0.
Old / New Business
Maxner informs the Commission that Northeast Mosquito Control has notified the
Commission they will be doing ditch maintenance in Chubbs Brook roughly along the
railroad tracks that intersect with West Street and asks if the Commission has any
comments. Maxner states the only comment she would have is to request 48 hours notice
before they start work so that she could observe if she had time. Members agree with this
suggestions but have no other comments.
41 Williams Street
Maxner reminds the Commission of landscaping debris and materials being dumped at
the end of the driveway. She explains that the owner claims that what the tenants have
done to date to remedy the situation upon the Commission's direction should be
sufficient. Squibb notes that even though the tenants made the mess it is the
responsibility of the landlord to see that it gets cleaned up, further noting that it is
difficult to determine who dumped what. Members agree that the area should be cleaned
of the debris and do not really care who does the physical work.
18 Meadow Road
Maxner informs the Commission that DEP has appealed the Commission's decision and a
site inspection is scheduled for January 31,2007 at 10:00 a.m. should any members wish
to attend. She states that she will be attending.
Beverly Conservation Commission
January 9, 2007 Meeting Minutes
Page 13 of 13
ADDroval of Minutes
The minutes of the November 14, 2006 Conservation Commission meeting were
presented for approval. Paluzzi moves to approve the minutes of November 14, 2006 as
amended. Hayes seconds the motion. The motion carries 6-0.
Site Visits
Maxner will schedule site visits and inform the Commission members when that is
finalized.
Adjournment
There being no further business to come before the Beverly Conservation Commission
this evening. Paluzzi moves to adjourn the meeting. Hayes seconds the motion. The
motion carries 6-0.
The meeting was adjourned at 10:45 p.m.