2005-03-01
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date: March 1, 2005
Board: Conservation Commission
Subcommittee:
Members Present: David Lang (Chairman), Anthony Paluzzi (Vice
Chairman), Linda Goodenough, Ian Hayes, Dr. Mayo
Johnson, William Squibb
Members Absent:
Others Present: Amy Maxner – Environmental Planner
Minutes Secretary: Jeannine Dion (by tape)
Lang calls the meeting to order at 7:00 p.m.
Request for Determination of Applicability
New: 36 Pickman Road – construct bedroom addition and kitchen expansion –
Thomas Andruskiewicz
Maxner reads the legal notice.
Thomas Andruskeiwicz, the applicant, provides a brief overview of the project, which
involves constructing a 35’ x 30’ bedroom addition and a 20’ x 8’ kitchen expansion
within the outer limits of the 100-foot Buffer Zone to Bordering Vegetated Wetland to an
Intermittent Stream. The rear edge of the proposed bedroom addition is approximately
82 feet at its closest point from the edge of the wetland, which is located at the bottom of
a slope at the rear of the property. The additions will be within existing lawn and the top
of the slope is fenced off and serves as a clear limit of work.
Maxner provides photos of the property.
Paluzzi asks what the applicant will do with the excavated material. Andruskiewicz
responds that he will use some of the soil as topsoil to improve the lawn grass, but the
rest will be taken off site.
Maxner states she visited the site and she measured a “conservative wetland line,” which
measured approximately 82 feet from the proposed activity.
Andruskiewicz states that the dimensions are the maximum that they would consider, and
anticipates the additions to be a bit smaller.
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March 1, 2005
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Paluzzi moves to close the hearing and issue a Negative #3 Determination for 36
Pickman Road, seconded by Goodenough. All members are in favor. Motion carries 6-0.
New: Mass. Bay Commuter Railroad R.O.W. – TEC Associates
Maxner reads the legal notice.
Maxner states the applicant has provided a letter to the Commission stating that he could
not attend this meeting, but will appear at the next meeting if the Commission deems it
necessary.
Maxner explains the applicant is requesting that the Commission approve the delineation
of wetlands along the Mass. Bay Commuter Railroad right-of-way. In February 2000, the
Commission issued a Negative #5 Determination for the wetland line and allowing
activities conforming to 310 CMR 10.03 (6)(b) and 10.58 (6)(a). At that time the
applicant provided a Yearly Operational Plan, which informs the Commission what they
are doing and what they are using.
Hayes states if the proposal is no different than what they have been doing, he would be
in favor of issuing the same determination as in the past.
Paluzzi moves to issue a Negative #5 Determination for Mass. Bay Commuter Railroad
R.O.W. – TEC Associates, seconded by Dr. Johnson. All members are in favor. Motion
carries 6-0.
Minor Modification
New: 143 West Street, DEP File #5-808 – Daniel Carnevale
John Dick, Hancock Associates, represents the applicant. He explains the applicant is
proposing to install a temporary holding tank, as the municipal sewer is not yet available
for connection. The applicant wishes to move into the house now and cannot wait until
the municipal sewer is installed, which could take months. Chairman Lang has given
permission to begin work subject to the following conditions:
1. The applicant shall submit a request for a Minor Modification in time for the
March 1, 2005 Conservation Commission meeting;
2. Dewatering shall be approved by the Conservation Agent prior to
implementation in the field;
3. Once the tank is in place, but prior to backfilling, the Conservation Agent shall
be contacted to observe the tank;
4. All conditions issued by the Board of Health shall be followed and a copy of
results from the vacuum testing shall be forwarded to the Commission for its
review.
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March 1, 2005
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Maxner states the holding tank is now in place and provides photos for members to
review. Dick explains that it complies with all Board of Health regulations and will be
pumped periodically.
Lang asks if there is any way for liquids to escape.
Dick responds that there is no overflow on the tank. Right now it is a blind system and
the only way out is through the lid and that there is an alarm system that alerts the need
for pumping.
Lang asks what the capacity of the tank is. Dick responds it is a system designed for 4
bedrooms for 440 gallons per day, with a total capacity of 2500 gallons. Lang states that
it will therefore need to be pumped fairly regularly. Dick agrees.
Maxner recommends adding a special condition requiring that the sediment from
dewatering be cleaned up off of the street.
Paluzzi moves to issue a Minor Modification for 143 West Street, DEP File #5-808 with
a special condition requiring removal of sediment from the street, seconded by Hayes.
All members are in favor. Motion carries 6-0.
Certificate of Compliance
New: 34 Fosters Point – DEP File #5-771 – Martin Plecinoga
Maxner explains the Commission has received a request for a Certificate of Compliance
for 34 Fosters Point. The Commission issued an Order of Conditions in May of 2002 for
the demolition of existing house and garage and construction of a new house within
Riverfront Area, Buffer Zone and Land Subject to Coastal Storm Flowage. The applicant
requested verbally for a waiver from the requirement of a letter from a P.E. or P.L.S.
certifying compliance with the Order and approved plan. Maxner explains that the
applicant is in the process of securing a P.L.S. to add information to the as-built plan and
suggests that the Commission table this item until the applicant supplies a complete as-
built.
Maxner states there seems to be a discrepancy on the plan with respect to the wooden
walkway. She states that the applicant indicated during her site inspection that he
reconstructed the wooden walkway and she informed him that this was without approval
by the Commission and she would need to bring it to members’ attention.
Paluzzi states he thinks the applicant should have filed a Notice of Intent. Lang and asks
the consensus from members. Members agree that the applicant should file a new NOI
for that work.
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This item will be continued to the March 22 meeting.
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March 1, 2005
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Request for Extension
New: 150 Sohier Road – DEP File #5-765 – Shaw Environmental, Inc.
Maxner explains the Commission received a request for extension to the Order of
Conditions issued in February of 2002 to Shaw Environmental for installation of
monitoring wells at 150 Sohier Road. The applicant is requesting the Order be extended
for three additional years. According to the City’s Ordinance, the Commission can only
extend the Order for two additional years. Maxner has informed the applicant of the two-
year limit and the applicant has no problem with that.
Paluzzi moves to extend the Order of Conditions for 150 Sohier Road – DEP File #5-765
for two years, seconded by Johnson. All members are in favor. Motion carries 6-0.
New: 44 Boyles Street – DEP File #5-768 – Matthew Kavanagh
Maxner explains the Commission has received a request for an extension to the Order of
Conditions issued to Matthew Kavanagh in April of 2002 for the construction of a single-
family house at 44 Boyles Street. The applicant is requesting a one-year extension for
this Order. Maxner states the applicant wishes to loam and seed the lawn and make sure
it is established.
Goodenough moves to extend the Order of Conditions for 44 Boyles Street – DEP File
#5-768, for one year, seconded by Paluzzi. Hayes abstains. Motion carries 5-0-1.
New: Salem Harbor and Federal Navigation Channel – DEP File #5-766 – City of
Salem
Maxner explains the Commission has received a request for an extension to the Order of
Conditions issued to the City of Salem in April of 2002 for maintenance dredging of the
federal navigation channel located in Salem Harbor, a portion of which is located in
Beverly. The applicant is requested a three-year extension to the Order. Maxner has
informed the applicant that the Commission may only extend the Order for two additional
years and they have no problem with the two-year limit.
Paluzzi moves to extend the Order of Conditions for DEP File #5-766 for two years,
seconded by Squibb. All members are in favor. Motion carries 6-0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings, seconded by Johnson. All members are in
favor. Motion carries 6-0.
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March 1, 2005
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Notice of Intent
Cont: 330 Hale Street, DEP File #5-854 – Peter Nash
Maxner reminds the Commission this project involves the construction of a single-family
house, most of which is out of the Buffer Zone to an Isolated Vegetated Wetland. At a
prior meeting, a revised plan was submitted showing three trees to be replanted but did
not indicate species. The Commission requested that the applicant replace 8 trees,
indicate the species and determine the amount of soil needed for the plantings of the
trees.
Maxner spoke with the engineer after the last meeting, and he stated that he would be
prepared to submit a plan to the Commission, as the final position of the house has been
determined and a retaining wall is being proposed within the Buffer Zone along the
access road.
There is no representative present on this matter and Maxner states she has not spoken
with the engineer since the last meeting.
Lang asks what the ruling is regarding cutting trees. He asks if the City Solicitor has
made a recommendation. Maxner states that the Commission did not seek an opinion on
this project from the Solicitor.
Hayes states he thinks the Commission can continue to issue Enforcement Orders.
Paluzzi states there were several trees cut in the buffer zone but there were 50 trees cut
down overall.
The members agree to issue an Enforcement Order and fine Mr. Nash $100 per day per
tree following the day after the next hearing if a revised plan is not submitted in time for
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the March 22 meeting.
Paluzzi moves to send an Enforcement Order to the applicant, Nash, informing him that
the Commission intends to fine him, after the next meeting, $100 per tree per day if a
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plan is not submitted in time for the March 22 meeting, seconded by Hayes. All
members are in favor. Motion carries 6-0.
Cont: 234 E. Lothrop Street, DEP File #5-864 – Jan Miller for Peter Monaco
Maxner reminds the Commission this project involves construction of a detached garage
and mudroom within the Buffer Zone to the Bank of the stream that runs between East
Lothrop and Iverson Streets. The contractor and homeowner have retained the services
of Griffin Engineering to do some more survey work on the property.
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March 1, 2005
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Robert Griffin states that due to snow cover, further survey work is not possible. He
requests a continuance to the next meeting.
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Paluzzi moves to continue the hearing to the March 22 meeting, seconded by Hayes.
All members are in favor. Motion carries 6-0.
Cont: 43 Paine Avenue - DEP File #5-857 - construct single family home – Barn
Hill, LLC
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Griffin requests a continuance to the April 12 meeting as his client is still waiting for a
verdict from the land court judge.
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Paluzzi moves to continue the hearing to the April 12 meeting, seconded by Squibb. All
members are in favor. Motion carries 6-0.
Cont: 2 Boyles Street – DEP File #5-862 – construct roadway, site grading, drainage,
and utility installation for 33-lot, cluster residential subdivision – Manor Homes at
Whitehall, LLC
Hayes recuses himself from the meeting and leaves the room.
William Manuell, Wetlands & Land Management, provides copies of a draft Order of
Conditions that he and Robert Griffin prepared for the Commission to review and
consider. He states that he followed the Commission’s format and incorporated most of
the standard conditions. He explains that the major difference with this draft is that it
calls for an erosion control monitor as a special condition, which is a routine occurrence
with other Commission Orders in other towns. This person would be on site very
frequently during active construction and providing monitoring reports to the
Commission on a weekly basis. There is also a special condition calling out a
homeowners association to take responsibility for maintenance of the drainage system.
Lang states that the Commission would need time to review this document before it
closes the hearing. Paluzzi agrees.
Squibb states that he would like to have the on-site contractor be a known party in the
Order. Griffin states that a contractor has not yet been chosen and states that it is
doubtful that will be known in time to incorporate into the Order.
Lang asks who the erosion control monitor would be. Griffin states that it could be a
person from his office. Lang states that this may be enough to ensure that work is being
conducted as approved, so the need to know whom the contractor will be is not as critical.
Maxner states that the pre-construction meeting is designed to make sure that all persons
working on site understands the conditions of the Order.
Lang opens the discussion to the public.
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March 1, 2005
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Tom Harrington, attorney for the neighborhood group, refers the Commission to the
sections of the Beverly Wetlands Protection Ordinance regarding the waiver criteria;
Section V D(1), Section III C(4)(a), Section V E 1. He states that he has not seen any
documentation from the applicant that shows these waiver criteria have been met. He
states that no alternatives analysis has been reviewed for the wetlands crossing.
Lang asks Griffin if the alternatives analysis could be submitted in time for the next
meeting to be reviewed. Griffin states yes.
Harrington goes on to explain that the vernal pool at 48 Boyles Street needs to be called
out on the plan. Joanne Avallon provides copies of the report prepared by DeRosa
Environmental outlining his findings during his investigation of the pool last year.
Avallon states that this pool may be contiguous with the Wetland C and its Buffer Zone
would then extend onto the project site. She asks if the 100-Foot No-Disturb Zone
(NDZ) extends from the pool edge or the BVW that surrounds the pool. Maxner states
that if the pool is surrounded by BVW, the 100-Foot NDZ would extend from the edge of
BVW.
Manuell states that he does not dispute DeRosa’s findings, but knows that Wetland C is
not a vernal pool and believes the project is well outside the 100-Foot Buffer of the pool
at 48 Boyles. Lang asks if Manuell could take another look at this area to see if they are
connected.
Avallon states that there is very little topographic information on the plan between
Wetland C and the pool at 48 Boyles Street. Manuell states that he will take a drive by
and look at the area again, and hopes he can see something due to the snow cover, but
seems to recall that a high spot existed between the two areas.
Maxner asks if the 25-Foot No-Disturb Zone waiver criteria could be addressed point-by-
point and submitted along with the alternatives analysis. Griffin states he can provide
that as well.
Maxner reads a letter from John & Marie Alves into the record. Griffin states that the 50-
50 split at the crossing at Wetland A addressed the flooding problem at the Alves
property.
A resident of 9 Birchwoods Drive states that the applicant should not be allowed to gain
more lots than he is allowed under a conventional subdivision. Lang states that is a
Planning Board issue and the Commission has no jurisdiction over that matter.
Lang asks if there are any further questions from the Commission or the public. Squibb
asks if the hearing would be closed at the next meeting. Lang states that it very well may
be if the Commission is satisfied with the additional requested information. Squibb asks
if the Order could be voted on at a separate meeting so that the Commission’s agenda is
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March 1, 2005
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lighter and allow time for closer review of the conditions. Goodenough agrees that this
particular Order would need the Commission’s undivided attention and suggests that a
special meeting be posted for voting on the Order. Lang asks what other members think
of this idea. Members agree that separating the deliberation on this Order would be best.
Maxner states that posting the meeting would only require 48-hours notice down at the
City Clerk’s office and no legal ad would be required.
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Johnson moves to continue the hearing to the March 22 meeting, pending submission of
additional information as requested by the Commission. Seconded by Squibb. All
members are in favor. Motion carries 5-0.
Cont: 2 Boyles Street – DEP File #5-816 – construct roads, site grading, drainage,
utilities for subdivision and construct five homes – Manor Homes at Whitehall, LLC
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Griffin requests that this hearing be continued to the March 22 meeting.
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Paluzzi moves to continue the hearing to the March 22 hearing, seconded by
Goodenough. All members are in favor. Motion carries 5-0.
Hayes returns to the meeting.
Approval of Minutes
Dr. Johnson moves to approve the Conservation Commission minutes dated January 11,
2005 as amended, seconded by Paluzzi. Hayes abstains. All members are in favor.
Motion carries 5-0.
Dr. Johnson moves to approve the Conservation Commission minutes dated February 1,
2005 as amended, seconded by Paluzzi. Hayes and Lang abstain. All members are in
favor. Motion carries 4-0.
Cont: 7 Elm Top Lane, DEP File #5-870 – Robert Hubbard
Maxner reminds the Commission the applicant is proposing to construct a 60-foot fixed
pier, 26+/- foot seasonal gangway and 8-foot x 20-foot seasonal float within Coastal
Bank, Rocky Intertidal Shore and Land Subject to Coastal Storm Flowage. The site
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inspection scheduled for February 26 was cancelled due to snow cover.
Bob Griffin appears on behalf of the applicant. He states that his client was willing to
shovel a path to provide safe access for site inspections and is a little frustrated that the
site inspections have been cancelled.
Lang recommends that another site visit be scheduled during low tide.
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March 1, 2005
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Dr. Johnson moves to continue 7 Elm Top Lane, DEP File #5-870 to March 22, 2005
meeting pending a site visit on Saturday, March 12, 2005 at 8:00 a.m., seconded by
Hayes. All members are in favor. Motion carries 6-0.
Old/New Business
Cont: Elm Top Lane Replanting Coastal Bank
Maxner states that the Commission intended to view the coastal bank at the site
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inspection scheduled for February 26, but with continued snow cover it is not likely.
Members agree that the review of the coastal bank should be when the snow has melted.
Maxner asks for a clarification with regard to the Special Condition prohibiting work on
the second house until the replanting is complete and the Commission is satisfied with the
restoration. Members agree that they intended to view the bank restoration before work
could begin on the second house.
Beverly Airport Tree Removal – discussion with Peter Simpson
Mr. Simpson of the Airport Commission has contacted Maxner concerning the removal
of some trees that pose a danger for safe aircraft travel. These trees are located on private
property and within wetlands and Buffer Zones.
Simpson states he has spoken with all of the homeowners affected. He provides
information identifying some of the trees in question and proposes removing the
obstructions. The Airport Commission would like to trim and/or remove the trees soon.
Maxner will visit the site and help to identify the trees prior to the Conservation
Commission members visiting the site.
The members decide to visit the site on Saturday, March 12, 2005 at 9:00 a.m.
North Shore Conservation Commission Meeting
Maxner states the North Shore Conservation Commission Network is meeting on
Thursday morning at 9:00 at Endicott Park. She explains that a representative from DEP
will be there to discuss the regulatory changes that have become effective as of today
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(March 1), and encourages members to attend as there are changes proposed in how
projects in the buffer zone are reviewed.
Economic & Community Development Council – Membership
Maxner explains that the City Council voted to add two positions to the Economic &
Community Development Council to include ex-officio members of the Conservation
Commission and Planning Board. It is not a voting position, and the Commission needs
to vote or volunteer to serve as an ex-officio member. Maxner states that as an
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March 1, 2005
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alternative, she can have the agenda sent to the Commission and if there is an item that
peaks anyone’s interest, the Commission can provide comments. There are no volunteers
to serve on this committee. Maxner will make sure to forward the agendas to the
Commission members for their review.
New England Power Informational Meeting
Maxner states New England Power will be conducting an informational meeting with the
Wenham TAC regarding the Vitale site restoration on Wednesday, March 16, 2005 at
2:00 p.m. in the Cummings Center. Maxner will be attending.
Adjournment
Johnson moves to adjourn, seconded by Squibb. All members are in favor. Motion
carries 6-0.
Meeting is adjourned at 9:15 p.m.