2015-04-28CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
April 28, 2015
Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay
Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb
None
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly Senior Center, 90 Colon Street,
Beverly, MA.
CERTIFICATES OF COMPLIANCE
New: 41 Prince Street, DEP File #5 -1078 - demolish existing, construct new house and pool
— Jonathan Uroskie
Kurt Young representing the applicant describes the project and notes two deviations from the
approved plan that included pool deck constructed of concrete with perimeter and subsurface
infiltration provided.
Maxner and Young did a final site inspection and observed plantings on northerly area that were
installed. There was mention of beech tree that may not survive and plan is if tree dies it would
be replaced with three trees.
Paluzzi moves to approve the Certificate of Compliance. Seconded by Donnelly. The motion
carries 6 -0.
REOUEST FOR DETERMINATION OF APPLICABILITY
New: 16 Standley Street — construct landscaping berm at Standley Street compost facility
City of Beverly Engineering Department, c/o Gregory St. Louis
Maxner reads the legal notice. City Engineer Gregory St. Louis speaks to constructing a 90'
landscaping berm to act as a 13' high screen to address abutter's complaints about noise and
visual impacts from the compost facility operation. DEP does not have any comments on the
project. The location chosen is based on existing solid waste permit and wetland. St. Louis
describes invasive species including Japanese knotweed and Phragmites at the site that would be
removed incidentally. Work is proposed 5' within 25' No Disturb Zone. Discussion ensues about
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natural materials proposed for screen and seed mix for erosion control. Funding for project has
not been identified yet. The compost screener at site is only used from 8 a.m. to 3 p.m. and area
where it is located is safe zone. Discussion addresses side slopes of the berm, and the possibility
of material sloughing off, and how concrete blocks could be used as preventative measure on
wetland side of berm. Construction of a wall to serve as a sound barrier (similar to what is seen
on the perimeter of highways) was discussed, with St. Louis explaining this is not functional in
this application due to space at site for screener, discharge pile and fire lane.
Paluzzi moves to issue a Negative #3 Determination with Standard Conditions and requirement
of submission of an updated plan. Seconded by Donnelly. The motion carries 5 -1 with Bertoni
opposed.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
NOTICES OF INTENT
Cont: 5 Quincy Park — Jack Altshuler
Maxner notes the Commssion received a request for continuance. Paluzzi moves to continue to
the May 19, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0.
Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated
gangway and floating dock — Tom Doherty
Maxner notes the Commssion received a request for continuance. Paluzzi moves to continue
until the May 19, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0.
New: 181 (201) Elliott Street — construct 6 -story residential building, stormwater facilities —
Beverly Commerce Park, LLP
Maxner reads legal notice.
Stephen Drohosky, Mike Aveni and Dennis Clark are present representing the applicant.
Drohosky explains the proposal to construct a 6- story, 73 -unit condominium residential building
on an existing developed site, including modifications to the exiting foundation and
improvements to the existing stormwater management system. Work to take place within
Bordering Land Subject to Flooding. The mixed use development will be located in IR overlay
zone.
Drohosky notes that in 2004 the City approved a 140 room hotel with 300 seat function center
that was fully vetted by City boards. On November 24, 2004 an RDA was filed at that time for
the project and Negative #3 Determination was approved by the Commission on December 9,
2014. He explains the project has been resurrected in a different form and because it is going to
be located in a flood zone a NOI was filed.
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Aveni notes the project will slightly reduce the impervious area, and changes will occur to the
stormwater handling at the site with parking lot runoff directed to catch basins tied to
stormceptor so water will be cleaned before being discharged into the Bass River. The applicant's
position in regard to Bordering Land Subject to Flooding is that compensatory flood storage is
not needed for this project according to state regulation relative to drainage calculations at 71-
acre Cummings Center site, and storm events have not caused Shoe Pond and lower pond to
flood. The applicant expresses interest in having the City Engineer do his review of stormwater
calculations before the Commission's May 19' meeting so any concerns could be addressed by
that meeting.
Discussion ensues about how the building is within Bordering Land Subject to Flooding, not
riverfront or Land Subject to Coastal Storm flowage, and the Cummings Center has not
experienced any storm surge flooding from the Bass River, surface water flowage comes to the
site from the north east. The discharge from site is in coastal storm flowage.
Bertoni asks if there are any questions from the audience.
Myron Hood expresses his concerns as to stormwater flowing from higher elevations in Beverly
to the Cummings Center site and suggested that some of the Shoe Pond water should be released
via the dam to allow water upstream to be reduced. Discussion ensues about how DEP could be
contacted to work with the City to address all stakeholders upstream and downstream relative to
Shoe Pond water elevation. Maxner will identify a contact at the state level who could speak to
Mr. Hood. Discussion addressed how the culvert at the Cummings Center site is likely to be 100
years old, that there are dams at upper and lower ponds, and sand bar forming in lower pond is
due to sediment flowing in from City streets from the northeast.
There being no further questions from the Commission, Paluzzi moves to continue to May 19,
2015 meeting pending City Engineer review of the stormwater drainage design. Seconded by
Squibb. The motion carries 6 -0.
OLD/NEW BUSINESS
New: 131 Brimbal Avenue — Sunoco, Inc.
Maxner reminds the Commission that at the March 31st meeting the Commission voted to close
the hearing and after extensive discussion and a couple of votes the Commission voted to deny
the project understate Wetlands Act and local Ordinance. Steve Harrison of Bergmann
Associates and Mike Rendall of Sunoco are present and both note that the applicant is amenable
to reopening the hearing. Maxner provides an outline by which the Commission should vote to
reopen the hearing and specify information requested.
Paluzzi moves to reconsider the Commission's vote to close the hearing, re -open the hearing and
request additional information to be considered at subsequent meeting. Seconded by Buchsbaum.
The motion carries 6 -0.
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Discussion ensues as to the location of the vernal pool no disturb zone and site amenities. Mike
Randall notes that the company needs to keep the proposed size of the building for economic
reasons, but that it could be moved slightly to the left further from the wetland. Discussion
focuses on more in -depth alternatives analysis and possibility of having company's wetland
scientist weigh in on what mitigation to enhance habitat to create a more robust mitigation
proposal. Harrison and Randall thank the Commission for the feedback and will work with the
applicant to address the Commission's concerns and requests for information.
Buchsbaum moves to continue the hearing to the May 19, 2015 meeting. Seconded by Paluzzi.
The motion carries 6 -0.
New: 10 Tall Tree Drive — tree removal reauest and sna installation inauiry — Kate Martens
Discussion ensues with Kate Martens, owner of 10 Tall Tree Drive, who is interested in having a
limbs and trees removed that overhang and /or endanger her house. Maxner notes that the site has
DEP perpetual condition prohibiting removal of vegetation with the No Disturb Zone and any
further construction or building on the property. Bertoni notes that the Commission can consider
vegetation management to avoid hazards to safety and property. Maxner offers to provide Ms.
Martens with information about arborists familiar with the Commission's Tree Removal Request
Protocol so arborist can provide a holistic approach at property.
Planning Board Request for Comments — OSRD Site Plan Initial Review & Preliminary
Subdivision Plan for Standley Street
Project engineer Mike Rosatti with Marchondia Associates explains the proposed OSRD
subdivision for six -acre parcel on Standley Street, for which an ANRAD has been done with the
Commission. Discussion ensues about concept #2 and concept #3 and a hybrid concept that
would move roadway away from ledge and inclusion of open space (50% suitable land) near
open space easement and wooded area.
Rosatti goes over the open space calculations: Concept #2 — 3.6 acres, Concept #3 - 3.7 acres to
4 acres in hybrid concept. Site distance in area where ledge is located will be for 20 miles per
hour on Standley Street. Discussion addresses hybrid concept ( #4) being close to wetland line
and another hybrid version of Concept #2 ( #4a) at 50' buffer line with 15,000 square foot lots. A
slope would be cut back and grading done to comply with 25' rear setback from structures. Also
noted was parking for gardeners accessing the proposed nearby community gardens location. The
Commission opines about hybrid concept (4a) that would provide a 50' buffer line as a
reasonable solution with mitigated road and right of way in cul de sac as well as water line to
community garden site.
Planning Board Request for Comments — OSRD Site Plan Initial Review & Prelimina
Subdivision Plan for 50 & 54 Boyles Street — Symes Development & Permitting, LLC
Donnelly recuses himself. Discussion ensues about concept plans for six lots on the yield plan,
with one plan containing infiltration near wetland, and potentially no impact on resource area
since property is mostly outside of the Commission's jurisdiction. Also, that the extent of
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wetland on lot #4 should be investigated. The Commission opines that option 1 appears
preferable to option 2 and there is interest in impact on watershed related to combined lots and
infiltration near wetland.
Maxner will write comment letters from the Commission on both OSRD site plans.
New: Election of Officers — The Commission needs to conduct its annual election for Chair
and Vice Chair
Paluzzi moves to keep the Commission's officers the same with Bertoni as Chair and Buchsbaum
as Vice Chair. Seconded by Donnelly. The motion carries 6 -0.
New: Review of Minor Project Permits Issued by Agent since last meeting
No minor project permits have been issued since the last meeting.
New: Expenditure Approvals
Squibb moves to purchase subscriptions for the on -line version of the MACC Environmental
Manual for each member at $15 per subscription for a year. Seconded by Paluzzi. The motion
carries 6 -0.
Approval of Minutes - September 30, 2014
The September 30, 2014 minutes are reviewed and members offer amendments. Buchsbaum
moves to approve the minutes as amended. Seconded by Paulzzi. The motion carries 4 -0 -2 with
Buchsbaum, Paulzzi, Bertoni and Squibb in favor and Donnelly and Grandoni abstaining.
Other Business
No other business is before the Commission this evening.
Adjournment
Paluzzi moves to adjourn at 10:10 p.m. Seconded by Donnelly. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Tuesday, May 19, 2015 at Beverly City Hall,
3 d Floor Council Chambers, 191 Cabot Street.