2007-07-10
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
July 10, 2007
Conservation Commission
Vice Chair Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes,
Mary Reilly, Gregg Cademartori and Bill Squibb
Members Absent:
David Lang
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street
Beverly, MA.
Certificate of Compliance
Cont: 17 Cole Street - DEP File # 5-809 - Andrew Neumann
Maxner recalls that the Commission had continued this matter for several months until
the exposed soil has been stabilized with growing grass and to ensure that the four iron
stakes are installed and visible in the field to demarcate the 25-Foot No Disturb Zone.
She states that she visited the site today and the grass is stable and the iron rods are
visible. She also notes that the owners would like to plant some native species in the 25
foot NDZ. She explains what they propose to plant and notes that the area is presently
grass.
Members agree to allow the plantings within the NDZ as long as the species are native.
There being no further questions or comments regarding this matter, Johnson moves to
issue a Certificate of Compliance with standard perpetual conditions 46-49. Hayes
seconds the motion. The motion carries 6-0.
Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden
Maxner recalls the Commission requested additional information from the applicant
relative to compensatory flood storage, the planting strip and the catch basin and she has
not heard from the applicants' consultant in that regard. She recommends continuing the
matter to the August meeting.
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 2 017
There being no further questions or comments regarding this matter, Johnson moves to
continue the matter to the August meeting. Hayes seconds the motion. The motion
carries 6-0.
Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas
Maxner notes that Mr. Kalivas presented a planting plan at the last meeting and
apparently there was some confusion as to what the Commission requested. She explains
that Mr. Kalivas thought that the Commission was requiring additional ground cover
plantings. She states that she was under the impression that the Commission asked them
to remove half of the mulch and replant the area.
Discussion ensues regarding the required mitigation for incursion into the 25' NDZ with
the pool patio and equipment, and members agree on the following requirements as
discussed at the site inspection:
'" 1 Red Maple within wetland
'" 4-6 High Bush Blueberry within mulched area
'" 1 Native wetland tolerant tree specie within the mulched area
'" Remove 1Iz of the mulch starting from the edge of the fence lawn-ward, and
replant the area sparsely with native wetland tolerant ground cover in a random
arrangement to help spur re-growth of natural vegetation within this swath
parallel to the wetland
Maxner states she will place these directives in writing and forward to the applicants.
There being no further questions or comments on this matter, Johnson moves to continue
the matter to the August meeting. Hayes seconds the motion. The motion carries 6-0.
Cont: 245 Dod2e Street - DEP File #5-801 - Henry and Donna Bertolon
Maxner explains that the Order was issued April of 2004 and governed the reconstruction
of an in-ground pool, spa, patio, walkways and portion of building addition within the
Buffer Zone to BVW at the bank of Norwood Pond. She explains that two NOI's were
submitted, but the latter governed all of the work proposed. She also notes that she
requested additional information relative to the landscaping within the Buffer Zone.
A representative from Griffin Associates reviews the landscaping plan with the
Commission. He explains that there are 61 missing plants from the approved plan, 31 of
which were in the Buffer Zone. He explains to compensate for these missing plants and
they are proposing 40 additional plants such as hummingbird, winterberries, inkberries,
summer sweet immediately adjacent to the pond.
Cademartori asks why plantings were required and what exists in the 25' NDZ now.
Maxner notes that there were four trees on the slope of the buffer zone that were removed
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 3 017
and mitigation was offered by the extensive landscaping plan, she notes that the area next
to the pond is vegetated with some tall trees, high bush blueberry bushes and grasses.
Hayes states that it strikes him that that the applicant should have known that if they were
going to deviate from the approved plan that they should come to the Commission before
they do the work.
Maxner states that she feels that what is before the Commission now is a lot better than
what was originally approved.
Hayes suggests that the Commission approve this plan and wait until the plantings are
installed before issuing a Certificate of Compliance.
There being no further questions or comments regarding this matter, Johnson moves to
approve the planting plan and delay issuing the Certificate until the plants are installed.
Hayes seconds the motion. The motion carries 6-0.
Maxner announces to the public that the Notice ofIntent regarding Sam Fonzo Drive is
going to be continued to the next meeting on July 31, 2007 and no discussion will take
place tonight.
ReQuest for Determination of Applicability
New: 19 Bayview Avenue - Geraldine Cathcart - Replace Three Concrete Steps
Maxner reads legal notice.
Ms. Cathcart explains that the she is proposing to replace three concrete steps that have
been damaged and washed away by the April storm. She notes that they are replacing the
same size and they may reinforce the sides a little bit with thicker rebars.
Maxner asks if there is a period of time during the tide cycle that the steps are not in the
water. Ms. Cathcart states yes and explains that they are underwater at mid to high tide.
Paluzzi asks if they plan to move the rock by hand. Ms. Cathcart explains that no heavy
machinery will be used, and work will be accomplished manually.
There being no further questions or comments regarding this matter, Johnson moves to
issue a Negative # 2 Determination. Hayes seconds the motion. The motion carries 6-0.
New: 11 Ouincy Park - Patricia Brandes - Install Fence Alon2 Seawall and Side
Property Lines
Maxner reads legal notice.
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 4017
Patricia Brandes addresses the Commission and explains that she is proposing to install a
fence along the seawall and perimeter of her property on the bank, which is the top of the
coastal bank and also the top of the seawall. She notes that the fence will be installed
immediately adjacent to the seawall in the grassy area, and the fence will be a 3-foot high
wrought iron fence and explains the dimensions.
Paluzzi asks if they are cementing the fence posts. Brandes states that she assumes the
fence company will secure the posts in concrete footings.
There being no further questions or comments regarding this matter, Johnson moves to
issue a Negative # 2 and # 3 Determination. Hayes seconds the motion. The motion
carries 3 -0.
Recess for Public Hearin2s
Johnson moves to recess for public hearings at this time. Hayes seconds the motion. The
motion carries 6-0.
Abbreviated Notice of Resource Area Delineation
Cont: 100 Sohier Road - Map 42 - Lot 144 - Delineate Wetland Resource Area-
City of Beverlv
Kevin Danahy of Meridian Associates addresses the Commission and notes that the
Commission visited the site last week and is happy to address any questions the
Commission may have.
Hayes notes that the stream shows evidence of being perennial. Cademartori agrees.
Cademartori asks if this determination as an intermittent stream was based on the USGS
map. Danahy explains that it was and the estimated watershed area is 7/1 Oths of a square
mile.
Squibb notes that someone pointed out that there will be changes in drainage in the upper
watershed and questions if this will change the characteristic of the stream and if this
should be taken into account now. Cademartori states the application is to determine the
nature of the resource as it exists at this point in time.
Hayes suggests that the Commission approve the delineation but determine that it is a
perennial stream. Cademartori states that the Commission should request supporting
documentation to make that determination, and review it at the next meeting. He
suggests that the watershed be delineated accompanied by a surficial geology description.
Members agree and request that a revised plan depicting the 200-Foot Riverfront be
submitted as well. Danahy agrees.
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 5 017
Paluzzi opens the hearing up for public comment at this time.
Joan Murphy, Longmeadow Road, addresses the Commission and states that there is a
plan for North Beverly and dividing the water up and it is her understanding the that the
volume would be the same.
There being no further questions or comments regarding this matter, Johnson moves to
continue the matter to July 31, 2007. Hayes seconds the motion. The motion carries 6-0.
New: Hillcrest RoadlBeverly Hills Avenue - Anthony Lawrence - Construct Sin2le
Family Home. Roadway. Utilities. Gradin2 and Landscapin2
Maxner reads legal notice.
Maxner informs the Commission that the applicant's representative is not present at this
time as they had another meeting in another community earlier this evening but they may
arrive later in the meeting.
One of the abutters present at the meeting requested that the Commission review the
plans this evening.
Cademartori requests that Maxner see if there are any zoning or planning board approvals
required for this project.
Hayes explains that the Commission typically schedules a site visit and suggests that the
Commission do so now.
Paluzzi agrees and suggests that the Commission visit the site on July 17, 2007 at 7:00
p.m. It is suggested that the Commission meet on the Danvers.
There being no further questions or comments regarding this matter, Hayes moves to
continue the public hearing to July 31, 2007. Johnson seconds the motion. The motion
carries 6-0.
The applicant arrived at the meeting at Maxner informed him the public hearing was
opened and a site visit was scheduled for July 17, 2007 and the Commission would be
taking up the matter again on July 31, 2007.
Old / New Business
New: 400 Hale Street - DEP File #5-956 - Minor Modification - Endicott Colle2e
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 6017
Joe Orzel of Gulf of Maine Research Inc. addresses the Commission and explains the
proposed changes to the plans. He explains that during the finalization of the plans it was
discovered that the building would be too close to the dormitory. He also explains that
they have rotated the building slightly and the result is that the footprint of the building is
a little further into the buffer zone. He also explains that the stairs on the west side have
been reduced in size.
Orzel presents a letter from Hancock Survey regarding the change in impervious surface
due to these changes. He also notes that the project is still outside of the NDZ.
Maxner notes that the plans show a bit of a change in the drainage system on the North
West side of the building. Bill Vitkosky, Project Manager for Endicott, addresses the
Commission and explains that they realized an elevation difference of3-4 feet so they
created a swale and explains the plan.
Paluzzi asks if there is any public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding this matter, Johnson moves to
approve the minor modification for DEP File #5-956 - Minor Modification - Endicott
College. Seconded by Hayes. Motion carries 6-0.
New: 147-175 West Street - Minor Modification - DEP File # 5-880
Maxner informs the Commission that the applicant is proposing to extend the gas line to
the end of the street. She notes that they will be working within the existing paved right
of way and erosion control measures are already in place for the sewer work that was
performed last year.
Maxner notes that the line will be extended two houses past the applicant. Hayes asks if
the other people at the other end have an interest in connecting. Preston Bradford,
neighborhood representative, states that he understands that they have no interest in
connecting at this time.
There being no further questions or comments regarding this matter, Johnson moves to
approve the minor modification for DEP File #5-880- Minor Modification 147-175 West
Street. Seconded by Hayes. Motion carries 6-0.
Approval of Minutes
The minutes of the Meeting of April 5, 2007 were presented for approval.
Johnson moves approval as amended. Hayes seconds the motion. Squibb abstains. The
motion carries 5-0-1.
The minutes of the Meeting of May 1, 2007 were presented for approval.
Beverly Conservation Commission
MeetingMinutes-July 10,2007
Page 7017
Johnson moves approval as amended. Hayes seconds the motion. Cademartori abstains.
The motion carries 5-0-1.
Approval of Expenses
The Commission considered the following expenses for approval:
'" $110.00 to Amy Maxner for mileage reimbursement December 2006-June 2007 -
550 miles related to Conservation Commission business. Johnson moves to
approve. Hayes seconds the motion. The motion carries 6-0.
'" $75.00 to Amy Maxner for reimbursement of the Recording Fee for 71 Brimbal
Avenue Enforcement Order - Maxner paid by personal check. Johnson moves to
approve. Hayes seconds the motion. The motion carries 6-0.
'" $920.00 to George Hall for latest invoice for his ongoing counsel regarding the
Manor Homes at Whitehall litigation. Johnson moves to approve. Reilly
seconds the motion. Hayes abstains. The motion carries 5-0-1.
Re2ulations Subcommittee Update
Hayes reports that the regulation subcommittee will meet on July 17, 2007 following the
scheduled site visit to Hillcrest/Beverly Hills Drive.
Adjournment
There being no further business to come before the Commission this evening, Johnson
moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 6-0.
The meeting adjourns at 8:30 p.m.