2008-09-30
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
September 30, 2008
Conservation Commission
David Lang, Tony Paluzzi, Gregg Cademartori, Mary
Reilly, Ian Hayes, Bill Squibb
Members Absent:
Dr. Mayo Johnson
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Amy Maxner
Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
MA.
Certificates of Compliance
New: Raymond Farms Draina2e Proiect. DEP File #5-948 - SESD & City of Beverly
Maxner states this Order governed construction of drain extensions to collect sump pump
discharges in and along several streets located in the upper Bass River watershed and
repair/replacement of an existing large diameter drain. She explains work also involves
repositioning a section of channel of the Bass River and restoration of Bordering Vegetated
Wetland. She states that she has conducted a site inspection at the restored BVW and Yale Blvd.
headwall and reports that the wetland restoration area looks great, plants are healthy and between
woody and herbaceous cover there is well over 75% coverage as the wetland scientist's
monitoring reports indicate. She explains that as the engineer's report indicates, the bank was
extended approximatelyl 35 linear feet to meet the outlet of the existing channel and invites Alan
Taubert, from SESD, to address the Commission on this issue.
Taubert notes that there was a discrepancy found on the plan once the construction company was
in the field and they found that the brook channel was in a slightly different location than
originally delineated. He provides a sketch to illustrate what was found and explains the work
that was done and how it differed from the approved plan. He notes that the right side of the
channel was extended about 25 feet and the left about 10 feet.
Maxner provides photos of the area in question and notes that the bank has naturalized with
native herbaceous and upper reaches have received native woody plants as well. Discussion
ensues regarding the project and the bank changes.
Beverly Conservation Commission
September 30, 2008 Meeting Minutes
Page 2 of 10
There being no further questions from the Commission, Paluzzi moves to issue the Certificate of
Compliance. Seconded by Hayes. All members in favor, motion carries 6-0.
New: 44 Pickman Road. DEP File #5-962 - Harold Kaplan
Maxner states this Order governed the rehabilitation of existing stone masonry seawall and
associated concrete apron and restoring eroded banking. She has conducted a final site inspection
and provides photos for members to review. She notes that the weep holes were not extended
from the upper existing wall into the rehabilitated section of the wall and invites David Smith of
Vine Associates to further explain. Smith states that the weep holes were not functional and it
was decided to eliminate the connection. Maxner notes that the area of eroded bank has been
regarded and stabilized with Rugosa Rose. Smith states that he was not able to speak to the
landscaper about the Rugosa Rose, but notes that they are growing vigorously. Maxner agrees.
There being no further questions or comments, Paluzzi moves to issue the Certificate of
Compliance. Seconded by Reilly. Motion carries 6-0.
New: 5 Roosevelt Avenue. DEP File #5-920 - Bruce & Claudette Turner
Maxner explains this Order governed grading the rear yards of 5 & 15 Roosevelt Avenue to
address flooding issues as well as work on 15 Roosevelt for landscaping and driveway
expansion. She explains the Turners would like a partial Certificate of Compliance to be
released from the Order, as all work on their property is complete. She states she has conducted
a final site inspection and provides photos for members' review. She states that the grading has
addressed the flooding issue and water sheds toward the wetland without leaving the applicant's
yards saturated for extended periods. She notes that all areas are stable and the Turners have
installed several High Bush Blueberry plants along the edge of the fence and they seem to be
doing well.
There being no further questions or comments, Paluzzi moves to issue the Certificate of
Compliance. Seconded by Hayes. Motion carries 6-0.Request for Determination of
Applicability
Cont: 890 Hale Street - Darrell Crate
Maxner reminds the Commission that this item has been continued to the October 21 8t meeting
and no discussion will be held tonight.
New: 18 Lon2meadow Road - Sebastian Barcelar
Maxner reads the legal notice.
Sebastian Barcelar, the applicant, states he is proposing to construct a deck, patio with pavers, a
shed, and landscaping within the Buffer Zone to BVW. Maxner states that she explained to Mr.
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September 30, 2008 Meeting Minutes
Page 3 of 10
Barcelar that this application could cover this project as long as he sticks to the plan as he
presented it and suggested that he move the proposed shed outside the 25' NDZ, but it can be the
Commission's discretion to allow it. She also suggested that the fence have space at the bottom
to allow for small wildlife movement, he seemed amendable to that.
Squibb asks if the shed can be moved to the opposite side of the yard. Barcelar states it could be
moved. Squibb states that it needs to be at least 25 feet from the rear fence, members agree.
Paluzzi asks if there will be space at the bottom of the fence to allow wildlife movement.
Maxner states that she has mentioned this to Mr. Barcelar. Mr. Barcelar asks how much space is
needed. Members agree that 6 inches would be sufficient. Barcelar states that he will leave
space.
There being no further questions from the Commission, Paluzzi moves to issue a Negative # 3
Determination with special conditions that require the fence to have 6 inches of space at the
bottom and for the shed to be at least 25 feet away from the rear fence. Seconded by
Cademartori. All members in favor, motion carries 6-0.
Maxner asks everyone in the room to congratulate Mr. Barcelar in achieving his U.S. citizenship
a couple of weeks ago. Members congratulate him and wish him well. Barcelar thanks
everyone.
New: 15 Eisenhower Avenue - Amy Murphy
Maxner reads the legal notice.
Scott Vandwall, Homeworx, Inc., states the applicant is proposing to construct a 12' x 28'
addition to the rear of the house and replace chain link perimeter fencing with split rail fencing.
The new addition will be supported on sono-tube footings and placed over an existing concrete
patio slab. He explains the work will take place within lawn, within the 100-Foot Buffer Zone to
the BVW associated with the certified Vernal Pool in Wetland B on the Chapman's Corner
subdivision site. Maxner states that no vegetation will be removed to accommodate the project
and the work for post excavation will be accomplished manually. Vandewall confirms that no
heavy equipment will be used.
Hayes asks where the pool is located and if the BVW encompasses the pool there needs to be a
waiver request from the 100-Foot No Disturbance Zone. Discussion ensues regarding the
location of the wetland and the buffer zone on the plan. The Commission agrees that the plan
needs to be clearer as to the wetland line and buffer zone. Discussion ensues regarding
additional information needed a waiver request.
Maxner explains that the plan will need to show the edge of wetland and buffer zone and the
waiver request will need to address the criteria found in the Regulations. Vandewall agrees to
provide the additional information as requested.
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September 30, 2008 Meeting Minutes
Page 4 of 10
There being no further questions or comments, Paluzzi moves to continue this application to the
October 21, 2008 meeting pending submission of additional information as requested. Seconded
by Hayes. All members in favor, motion carries 6-0.
Minor Modification
New: North Beverly Brook. DEP File #5-968 - City of Beverly
Maxner explains that the Order governed structural and non-sturctural drainage improvements
within the North Beverly Brook drainage area. She explains that the DEP appealed the
Commission's decision approving the project and through that appeal the DEP reviewed the plan
and required several changes to the plan.
Ginny Roach, CDM, states that a letter requesting a modification to the Order issued under the
local Ordinance provides an outline of changes and provides a detailed explanation of these
changes made to the project due to DEP's intervention. She states that in general disturbance to
the resource areas have been decreased and changes made to better protect them. Discussion
ensues regarding the changes and Roach answers questions from the Commission.
Cademartori states that the Commission was doing the City a service in requesting the same
information that the DEP has required as part of their appeal. Lang agrees noting that the
Commission's questions and requests for information could have been anticipated by the City to
come from DEP from the beginning.
Maxner states that she has reviewed the DEP' s Superseding Order of Conditions in comparison
to the Commission's original set of conditions and suggests that the Commission adopt the
DEP's conditions, as they are equally protective. She recommends that the planting plan for 40
Lexington Drive should be left flexible to allow for either broadcasting seed mix or installing
woody vegetation, as she understands the homeowner has been apprised of and agrees with the
changes to the channel reconfiguration. She also suggests that Condition #38 from the previous
Order be retained and indicated on the Modification. Members agree with these suggestions.
There being no further questions or comments, Paluzzi moves to issue a Minor Modification
with the Conditions suggested by Maxner. Seconded by Reilly. All members in favor, motion
carries 6-0.
Notice of Intent
Cont: 76 Paine Avenue. DEP File #5-980 - John Swansbur2
John Dick, Hancock Associates, representing the applicant states that he has solicited bids from
four other engineering firms: Neve-Morin, Meridian, Cuoco & Cormier and Kaspian and expects
responses very shortly.
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September 30, 2008 Meeting Minutes
Page 5 of 10
Hayes states that he is not convinced that the Commission is obligated to choose from this pool
of firms. Dick responds that his client is unhappy with the bid proposal from VHB as it would
cost more for VHB to review it than it did for Hancock to create the plan in the first place.
Lang asks if there are any questions from the public.
Joe Haley, 79 Paine Avenue, asks if the Commission has any experience with these firms.
Maxner responds that they are familiar with Neve-Morin and Meridian, but not the other two.
There being no other questions or comments, Paluzzi moves to continue the hearing to the
October 21,2008 meeting. Seconded by Hayes. Motion carries 6-0.
Cont: 20 Grover Street. DEP File #5-992 - John Bockoven
Maxner reads the certification of evidence review for Hayes.
Robert Griffin, Griffin Engineering, and John Bockoven are present to represent the project.
Griffin reviews the project and elements of the plan. He explains that a site visit was conducted
by the Commission recently but not major changes were made to the plan as a result.
Hayes asks the dementions of the boardwalk into the wetland. Griffin states it will be four feet
wide and the decking will be above the vegetation, and pruning of vegetation around the
boardwalk may be necessary.
Reilly states she is not comfortable with the boardwalk as proposed as it will result in about 180
square feet of impact to the wetland. Mr. Bockoven states that the Audubon has much larger
boardwalks in their wetlands on their properties and he would like to have it available if he ever
decided to use it as a teaching tool. Griffin reminds the Commission that they permitted a
boardwalk at Glen Urquhart School and he will look into this design to see if they can adopt it
for this project.
Lang states that he thinks the boardwalk will need to be higher to allow light to hit the vegetation
underneath it, but he suspects that if it gets any higher they will need to put up hand rails and
other bracing which then turns it into a much bigger carpentry project in the middle of the
wetland. Reilly agrees and thinks that the boardwalk is too long.
Lang asks if there are any questions from the public.
Resident of 480 Essex Street provides photos and a letter detailing the extent of flooding that
occurs in this area and next to his house. He asks the size of the barn and what materials will be
stored in it, noting that it will take up infiltration capacity and may introduce pesticides and other
chemicals for gardening into this area. Bockoven states that he will only use organic methods
for his garden.
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September 30, 2008 Meeting Minutes
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Resident of 492 Essex Street states that he has concerns of flooding that will be caused by the
barn, garage and driveway. He also expresses his concern over wildlife movement, as the
proposed fence will block migration by deer and other wildlife that use this area frequently.
Squibb asks the dimensions of the barn. Griffin states approximately 12,000 square feet in area.
Griffin asks that the Commission grant a continuance so that he may consult further with his
client on the concerns raised at the meeting tonight and prepare plan revisions as necessary.
There being no further questions or comments, Paluzzi moves to continue the hearing to the
October 21,2008 meeting. Seconded by Squibb. Motion carries 6-0.
Cont: 4 Birch Woods Drive. DEP File #5-991- Steven Edelstein
Hayes recuses himself from this hearing and leaves the room.
Robert Griffin, Griffin Engineering, explains the plan and additional information provided
pursuant to the site inspection made by the Commission. He states that the work on the head
wall has been scaled back to include the addition of a fence to protect cars from slipping on icy
conditions for safety concerns. Chinking of stones within the headwall will be done as needed.
A work sequence has been provided for utility connection in the brook.
Squibb asks if the leaching field can be re-used to capture pool discharge. Griffin states that is
possible as long as the leaching field is out of commission.
Maxner asks for clarification on wetland Flag A4 & A5. Griffin states that the flag positions are
correct on the plan but not in the field and they will need to be shifted to mirror the plan.
Maxner reminds the applicant that the dumped grass and yard waste will need to be removed
adjacent to wetland Flag A2. Edelstein agrees to have his landscaper remove this and cease
dumping in this area. Lang states that compo sting yard waste on site is not a problem as long as
it is not immediately adjacent to the wetland and preferably out of the buffer.
There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by
Reilly. Motion carries 6-0.
Hayes returns to the meeting.
New: ReQuest for Amended Order of Conditions Under the State Act & New Notice of
Intent Under the Beverly Ordinance. DEP File #5-985 - Robert Walker. Walker Reatlty
Trust
Maxner reads the legal notice.
John Dick and Katie Enright of Hancock Associates are present for the applicant, and a
representative for Walker Realty Trust is also present. Dick reminds the Commission that the
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September 30, 2008 Meeting Minutes
Page 7 of 10
project involves construction of a childcare facility by demolishing existing structures on site and
reconfiguring parking and access roadway. Portions of the activity will be within the 100-Foot
Buffer Zone to bank of Kelleher's Pond. He explains that pursuant to the Commission's denial
of the original plan under the Ordinance, these revised plans remove the road out of the 25' No
Disturb Zone and propose a not-yet-detailed re-planting plan and that one outlet structure will be
within the 25' NDZ, but other than that they have removed all hard structures out of this zone.
He states that this will result in having to blast into the ledge to the east of the site to
accommodate the building and parking.
Lang asks what will happen to the hedge along the front of the site. Enright states that it will be
taken down but will be replaced with landscaping that will allow for improved visibility.
Hayes asks the status of the pier and bituminous boat ramp. Dick states the pier will remain but
the ramp will be taken out and the area re-Ioamed and seeded.
Cademartori asks if the proposed plantings will be on 8' centers in one single row. Dick states
that they will need to go in and remove invasive plants first which will then open areas up for the
new plants, so it will not be exactly on center but rather where space allows on the bank. He
goes on to explain that the 25' NDZ will receive an Earnst Seed Mix which emphasizes soil
stabilization, nitrogen fixing and emphasizes color and aesthetics.
Lang asks if there are any questions from the public.
Resident of 174 Colon Street asks if flooding has been addressed, as he believes this area is
within the Kelleher Pond flood zone. Maxner explains that stormwater management has
undergone an extensive review and this project will not be worsening the existing conditions.
There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by
Reilly. Motion carries 6-0.
Orders of Conditions
4 Birchwoods Drive. DEP File #5-991 - Stephen Edelstein
Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard
Conditions and the following Special Conditions:
1. Work involving sewer and gas utility installation within the bank and bordering vegetated
wetland resources shall be carried out during low flow periods between July and October
to achieve the least impact.
2. Prior to any work commencing on any part of the project, the applicant shall remove the
dumped yard waste in the vicinity of wetland flag # 2A and such dumping within the
wetland and buffer zone shall cease in the future.
3. Pool discharge shall be directed into the septic system leaching field if such field is
available.
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September 30, 2008 Meeting Minutes
Page 8 of 10
4. Pursuant to the February 8,2008 Enforcement Order issued by the Commission, a second
and final monitoring report shall be provided at the end of the 2009 growing season.
Observations shall be made by a qualified wetland scientist and shall be made during mid
July 2009.
Seconded by Reilly. Hayes and Cademartori abstain. Motion carries 4-0-2 (two abstentions).
232-234 Essex Street. DEP File #5-985 - Walker Realty Trust
Maxner reviews the Special Conditions issued with the original Order of Conditions.
Cademartori states that the Commission can continue to rely on VHB' s review findings and
suggests that be explained in the Commission's findings sections.
Members agree to retain all of the original conditions and Paluzzi makes such a motion.
Seconded by Hayes. Motions carries 6-0.
Cademartori states that the inquiry as to whether the Ordinance Fees can be waived still needs to
be addressed. Maxner reviews the language governing fees in the Regulations. Members agree
that there are no mechanisms for the Commission to waive the fees and agree that payment
should be made.
Old/N ew Business
New: Conservation Restriction - Beaver Pond Road OSRD Development
Maxner states the Commission received a copy of the plan showing the Conservation Restricted
Open Space parcels for the Beaver Pond OSRD site plan that was recently passed by the
Planning Board. Planning staff has inquired as to whether the Commission is interested in
accepting the CR. She states she provided a plan highlighting the open space parcels as well as
the notation of the existing CR that the Commission already holds around the perimeter of the
pond.
Discussion ensues regarding the size and location of the parcels. Squibb states that Parcel # 2
may have some value as it is directing abutting the current CR that the Commission holds. Lang
states that these parcels are so small that he is not inclined for the Commission to become
stewards of these pieces. Hayes agrees noting that the eventual homeowners will probably use
these areas as yard waste dumps, but perhaps Parcel # 3 is worth watching over as it most likely
provides flood storage and some measure of wildlife habitat.
Cademartori suggests inquiring with Beverly Conservation Land Trust (BCLT) to see if they
would be willing to accept the CR as this seems to be a manageable sized area for one of their
first projects to shepherd. Members agree with this approach, as it is the consensus of the
Commission that these parcels are too small to warrant the Commission's efforts. Maxner
agrees to suggest to the applicant's attorney to explore a partnership with the BCL T.
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September 30, 2008 Meeting Minutes
Page 9 of 10
New: 5 Ouincy Park - Correspondence from Jack Altshuler
Maxner states the Commission has received a letter dated September 30,2008 from Mr. Jack
Altshuler requesting permission to perform emergency repair to his seawall at 5 Quincy Park.
She explains to the Commission that she conducted a site inspection with Mr. Altshuler's wife on
August 20, 2008 and took photos of the seawall. She states she wrote a subsequent email that
day, explaining to Mr. Altshuler the need for a permit for such work. She showed members the
photographs of the seawall that she took while on the site inspection.
Brief discussion ensues as to whether this is an emergency repair. Cademartori recalls another
seawall repair that the owner claimed to be an emergency and the work has yet to begin and that
wall had completely collapsed into the Bass River. Based on the photos he does not think this is
an emergency. Members agree, and believe that the work requires formal review under an NO!.
Squibb asks how many meetings have gone by since Maxner's initial site visit. Maxner states
about 3 meetings have passed. Lang states this project could have been permitted by now and
maybe even completed if the applicant filed earlier this summer. Reilly agrees and thinks the
Commission needs to know exactly the extent of proposed work so that it can be properly
conditioned.
New: 49 Sonnin2 Road. DEP File #5-??? ReQuest for Extension- Paul Lyons.
Maxner states the Commission has received a request for an extension to an Order that governs
the construction of a single-family house within the outer limits of the Buffer Zone to an
intermittent stream. She explains that the applicant needs to first sell his house to raise the funds
to build and in this down market he is having trouble selling and would like a I-year extension.
Cademartori asks if the site is stable. Maxner states yes, it is all overgrown and the hay bales
have been installed which will probably need refreshing once work begins.
There being no further questions or comments, Paluzzi moves to issue a I-year extension.
Seconded by Hayes. Motion carries 6-0.
Approval of Minutes
The draft minutes from the June 10th, June 24th and July 15th Conservation Commission meetings
were presented for review and approval.
Paluzzi moves to approve the June 10, 2008 minutes as amended. Seconded by Reilly. Hayes
abstains. Motion carries 5-0-1 (one abstention).
Paluzzi moves to approved the June 24,2008 minutes as amended. Seconded by Hayes. Lang
abstains. Motion carries 5-0-1 (one abstention).
Beverly Conservation Commission
September 30, 2008 Meeting Minutes
Page 10 of 10
Maxner states that the majority of the members in attendance at the July 15th meeting is present
tonight and therefore constitutes a quorum that is able to approve these minutes. Squibb moves to
approve the July 15,2008 minutes as amended. Seconded by Paluzzi. Cademartori, Lang and
Reilly abstain. Motion carries 3-0-3 (3 abstentions).
Adiournment
There being no further business before the Commission this evening, Squibb moves to adjourn.
Seconded by Cademartori. Motion carries 6-0. Meeting is adjourned at 10: 15 p.m.