2011-09-13CITY OF BEVERLY
PUBLIC MEETING MINUTES
Note: These minutes were reviewed by the Conservation Commission at its April 3, 2012 meeting.
The Commission voted 3 -0 -4 to approve these minutes as amended, with Palizzi, Squibb and
Glidden in favor, new members Bertoni, Buchsbaum and Grant in abstention due to not having been
seated when these matters were heard and for no other reason, and Lang in abstention as he was not
in attendance at this meeting. Due to turnover in Commission membership, it was not possible to
achieve a full quorum of eligible members to vote on these minutes, resulting in a 3 -0 -4 vote.
Therefore these minutes have been approved by a majority of the members who were seated for the
matters in question.
Date: September 13, 2011
Board: Conservation Commission
Members Present Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb
Members Absent: Chair David Lang, Katelyn Merrill, and Mary Reilly
Others Present: Amy Maxner — Environmental Planner
Recorder: Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library 32 Essex Street,
Beverly, MA.
Certificate of Compliance
Cont: 1 Brookwood Road, DEP File #5 -914 — Brookwood School c/o Richard Chute
Maxner states that she talked with Mr. Chute today and he requested that the matter be continued to
the October 11, 2011 meeting so that they can provide further clarification on the outstanding
issues.
Johnson moves to continue this matter. Squibb seconds the motion. The motion carries 4 -0.
Cont: 9 Cole Street, DEP File # 5 -963 — Adriano Taugino
Jesse Blanchette from Griffin Engineering is present for the applicant.
Blanchette addresses the Commission and explains that the Commission tabled the discussion and
directed the applicant to either remove the incursions or find a way to mitigation for them. He
explains that they are proposing 1 -1 mitigation of 182 s.f. He explains that they are proposing to
plant 11 shrubs and a red maple tree on the site. Blanchette states that they will chisel out the
mortar and install the pea stone to provide additional infiltration capacity within the patio area.
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Johnson questions what the area to be planted consists of now. Blanchette states that it is lawn area.
Johnson asks if the area is a further outside the 25' NDZ. Blanchette explains that the native
plantings will replace the lawn area immediately adjacent to the wetland.
Maxner states that the Commission will have to decide if the proposed mitigation is adequate and
determine how the Certificate of Compliance will be released. She suggests that the Commission
could sign the certificate this evening, but not release it until such time as the plantings are in place
and Maxner inspects the site. She also states that long -term survivability of the plantings needs to
be considered and suggests that the applicant provide a bond to insure that the work is completed.
Johnson states that he feels that the incursion into the 25' NDZ should be removed, noting that the
Commission cannot allow people to do work in the NDZ without authorization.
Blanchette states that there is a closing pending on this property, noting that at the last meeting the
Commission gave the applicant the option of providing mitigation or removing the incursion.
Maxner shows the Commission photos of the site and discussion ensues regarding how much of the
area was disturbed.
Blanchette states that a hardship can be allowed for tight spaces such as this. He states that if this
plan were presented beforehand they would have requested this.
Johnson agrees and suggests that they be required to remove the barbeque and a section of the patio
that is in the 25 foot NDZ. Glidden states that she does not see how the Commission can allow the
non - compliant structures to remain. Squibb suggests that the planting area should be in the area
where the barbeque is removed. Discussion ensues as to options for returning the site to
compliance.
Maxner suggests that the Commission could sign the Certificate of Compliance and it will be
released when the work is complete. Blanchette notes that there is a sale pending on the property.
Paluzzi suggests that money be held in escrow. Glidden agrees that it is a possibility but notes that
the amount has to be enough to ensure that someone is going to care to do the work.
Johnson suggests that the Commission continue the matter to allow the applicant to decide what
they want to do. Blanchette states that another month will have an effect on the closing.
Glidden moves to sign the Certificate of Compliance and its release is contingent upon the
following conditions:
1. The bluestone patio, BBQ and masonry wall shall be removed from within the 25 -Foot
No Disturbance Zone and this area shall be replanted with the proposed native mitigation
plantings as offered on the plan entitled "25' No- Disturb Zone Mitigation Plan" prepared
by Griffin Engineering, dated 9/7/11 (and further revised on 9/14/11, see attached);
2. Additional native mitigation plantings shall be installed along the wetland edge at the
south corner of the property (see attached plan);
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3. A bond or other appropriate security in the amount of $2,500.00 shall be posted with the
Conservation Commission that will be held to ensure that this work is performed and
that at least 80% of the plantings survive for a period of one year from the date of
installation and provide for replanting of dead or dying plants as necessary. The
Commission expects the plants to be installed before the end of the growing season,
October 15, 2011. The bond /security shall be delivered to the Conservation
Administrator upon receipt of this letter;
4. The Commission will release the Certificate of Compliance and bond /security at the end
of the one -year period contingent upon the satisfactory fulfillment of the above - listed
conditions and verification thereof by the Conservation Administrator.
Johnson seconds the motion. The motion carries 4 -0.
New: 53 Preston Place, DEP File #5 -681 — BVH, LLC
Maxner addresses the Commission and explains that the original lot # 57 Preston Place was subject
to an Order of Conditions back in 1999 for the construction of a detached garage and paving of
driveway. She notes that in 2008 this lot was subdivided by way of ANR and subsequently sold.
She explains that the ANR lot (53 Preston Place) is separate from the work on the garage work and
outside the 100 -foot Buffer zone to the pond and BVW located on the original lot. The applicant is
seeking the release of just the new ANR lot from this outstanding Order of Conditions.
Johnson moves to issue a partial Certificate of Compliance to release 53 Preston Place from the
Order of Conditions. Glidden seconds the motion. The motion carries 4 -0.
Request for Determination of Applicability
Cont: 10 Eleanor Avenue — Construct retaining wall and install fence — Joan M. Gallagher
Maxner reports that the applicant has requested that the matter be continued to the next meeting of
the Commission on October 11, 2011.
Johnson moves to continue. Glidden seconds the motion. The motion carries 4 -0.
New: 400 Hale Street — Endicott College
Maxner reads legal notice.
April Ferraro of Meridian Associates is present for the applicant. Dennis Monaco of Endicott
College is also present.
Ferraro addresses the Commission and explains that they are proposing to install a new 10,000 -
gallon grease trap tank and new sewer connection for the Callahan Center on the main campus,
which houses a dining hall, book store and other student services. She explains that the work will
take place is within the 100 -foot buffer zone to an isolated vegetated wetland but outside the 25'
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NDZ. She states that the work will not result in major disturbance to mature vegetation, just mainly
lawn or existing gravel drives and paved areas.
Ferraro explains the plans and notes that Joe Orzel mapped out the wetlands in July. She also
explains that the closest point of work to the resource area is 35 feet. She also explains that any
temporary disturbance will be loamed and seeded and any pavement that needs to be patched will
be repaired as well.
Paluzzi questions how deep will the proposed pipe will be buried. Ferraro explains that the pipe is a
gravity line will be about a foot below grade running along the lawn area and will get deeper as it
goes up the hill into the paved area.
Maxner questions if the existing grease chamber will be connected to the sewer. Ferraro states that
it will be connected to the sewer. A new pipe will be installed to run around the building instead of
underneath.
Paluzzi asks what will be done with the old trap. Monaco explains that the existing pipe will be cut
and capped at both ends and will be abandoned. Paluzzi asks if they will be filling the old tank.
Monaco reports that it will be filled with gravel or sand.
Johnson suggests that Maxner inspect the site for erosion control before construction begins on the
site.
There being no further questions or comments regarding this matter, Johnson moves to issue a
Negative 3 Determination for 400 Hale Street — Endicott College with the condition that the Agent
inspect the erosion control before construction begins on the site. Glidden seconds the motion. The
motion carries 4 -0.
Recess for Public Hearings
Johnson moves to recess for public hearings. Glidden seconds the motion. The motion carries 4 -0.
Cont: 1 Brookwood Road — DEP File #5 -1061- Brookwood School c/o Richard Chute
Sean Boyd of Gale Associates is present for the applicant.
Boyd addresses the Commission and provides a brief description of the project. He notes that the
Commission requested additional information about a few different issues. One in particular was
regarding water quality results from other projects. He explains that they reviewed the results of the
samples that showed high concentrations of zinc, and after consulting with their environmental
engineer, these samples were flagged which means that that particular sample had a high
concentration of zinc but the overall sample itself did not have readable zinc levels. He notes that
all the other levels met the requirement of .12 milligrams per liter.
He notes the second question related to the area surrounding the pond's edge, which was a buffer
zone enhancement planting area for the pond dredge project. He notes that if they reduced that area
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related to the dredge project, which is 6,000 square feet, they would still meet the 2:1 mitigation
requirement of 4.3 acres.
He notes the third question was for contacts of other Commission's that have permitted similar
fields and he reads off the communities that were provided.
Johnson asks if Maxner has had a chance to speak with the other Commissions. Maxner states that
she has not spoken to all of them yet, but would like to. Johnson states that a continuance may be
necessary then. Maxner agrees noting that she would like to draft a set of conditions for the
Commission and the applicant to consider based on what she has been hearing from other Agents in
the other communities. Johnson questions if the test results were from the first year or two of the
use of the fields. Boyd states that he has no long -term results. Johnson states that since there are no
long -term results to rely on, he asks the Commission to consider a special condition that requires the
school to post a bond for the replacement of the field in 10 -12 years. Discussion ensues as to the
cost of that.
Maxner questions what percentage of the proposed CR is wetland resource area. Boyd reported that
based on the city GIS map it is about 90 %, he provides a detailed breakdown of the Riverfront Area
mitigation.
Maxner explains the Conservation Restriction process noting that the CR goes to the State EOEEA
and then to the Beverly City Council and Conservation Commission for approval. Noting that it is a
long arduous process. She also notes that if the State does not find value in what is being gained
they will not endorse it and she does not think that the State will find this particular CR very
valuable. Discussion ensues as to the logistics of a CR and alternatives methods for providing the
same protection. A Gale representative questioned if the deed restriction would restrict anyone
from permitting anything in the area, and notes that a deed restriction has a lifetime of thirty years
and it depends on how it is written and there is value in such a protection method.
Discussion ensues regarding timelines for the next meeting and if a conditional approval this
evening is possible. Maxner notes that based on the meeting schedule she would not assume that a
special meeting could be scheduled and would rather draft a set of conditions to be shared with both
the Commission and the applicant. Discussion ensues regarding a possible condition requiring the
school to post a bond to replace the field. Boyd notes that it costs about $500,000.00.
Discussion ensues as to the methods of testing and protocol for the elevated zinc levels. Maxner
confirms that the test results were definitely measured for ambient water quality standards, not
drinking water standards. Boyd confirms yes.
There being no further questions or comments regarding this matter, Johnson moves to continue the
public hearing to October 11, 2011. Squibb seconds the motion. The motion carries 4 -0.
Cont: L.P. Henderson Road /Sam Fonzo Drive, Parcel A — Cicoria Tree & Crane Service, Inc.
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Maxner reports that the applicant has requested that the public hearing be continued to October 11,
2011.
Johnson moves to continue the public hearing to October 11, 2011. Squibb seconds the motion.
The motion carries 4 -0.
OLD/NEW BUSINESS
New: 7 Juniper Valley Court — Tree Removal Request
Maxner reports that the owner of 7 Juniper Valley Court has requested permission to remove 3 dead
trees adjacent to wetlands on the subject property. She reports that she visited the site and shows
the Commission photos of the trees. She explains that there are two dead birch trees next to the
house and there is concern that they will fall. She notes that they are out of the 25' NDZ.
Maxner explains that there is a hemlock tree in the outer buffer edge that is dead. She also notes
that Mayer Tree Service has reviewed these trees and concurs that the trees need to be removed.
She also explains that they will be doing the work and will be removing them by crane and will not
be grinding the stumps.
Johnson moves to allow the specified trees to be removed from 7 Juniper Valley Court. Glidden
seconds the motion. The motion carries 4 -0.
7 Tall Tree Drive
Maxner reports that the new owner of 7 Tall Tree Drive is planning to build a mud room and a new
deck on the back of the house. She requests guidance from the Commission on whether they should
file a Notice of Intent or a Request for a Determination. Members review the plan. Paluzzi
suggests that they file a Notice of Intent. The other members agree.
Expenditure Approvals
Maxner requests approval of mileage reimbursement for 613 miles that she accumulated on various
site visits and other Con Com business for the 4 -month period of May thru August 2011. 361 x
.40 /cents /per mile = $245.20.
Glidden moves to approve the mileage reimbursement for Maxner. Johnson seconds the motion.
The motion carries 4 -0.
Orders of Conditions
There were no Orders of Conditions issued this evening.
Approval of Minutes
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No quorum of members was present to approve minutes this evening.
Adiournment
There being no further business to come before the Commission this evening, Glidden moves to
adjourn the meeting. Johnson seconds the motion. The motion carries 5 -0.
The meeting adjourns at 8:45 p.m.