2005-11-22
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
November 22, 2005
Board:
Conservation Commission
Subcommittee:
Members Present:
David Lang (Chairman), Tony Paluzzi (Vice-Chair), Ian Hayes,
Gregg Cademartori, Mayo Johnson, Bill Squibb (arrives 7:10 p.m.)
Members Absent:
Others Present:
Amy Maxner – Environmental Planner
Recorder:
Amy Maxner
Lang calls the meeting to order at 7:00 p.m.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries
5-0.
NOTICES OF INTENT
Cont: 62 South Terrace, DEP File # 5-894 – Michael Burta
Peter Fuerbach, attorney for the applicant, briefly reviews the latest changes to the plan and
explains the purpose of the project is to replace the rotting foundation. He states the
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Commission conducted a site inspection on Saturday, November 12 at 9:00 a.m.
Squibb arrives.
Joseph Orzel, Gulf of Maine Research, explains the project changes and proposed mitigation.
He reviews the resource areas found on site and activities proposed within those areas. He
explains the overall alteration of the Riverfront Area as well as how drainage and recharge will
be handled on site.
Paluzzi asks what storm event the drywell is designed for. Orzel states that he is unsure, but
assumes that it is designed for more frequent storm events.
Cademartori asks a clarifying question about the South Essex Sewer Easement and if the
applicant considered placing the drywell directly in front of the house. Orzel states he is unsure
of the exact language of the easement and explains that the drywell is placed in order to protect
the foundation from any additional groundwater flow.
Beverly Conservation Commission
November 22, 2005 Meeting Minutes
Page 2 of 7
Paluzzi asks a clarifying question about the overflow from the drywell. Orzel states the overflow
will exit the outlet and flow within the crushed stone swale and then over the seawall.
Johnson expresses concern over the extension of the deck onto the coastal bank and to the edge
of the seawall and mean high water line, and does not think it complies with the intention of the
Act or the Ordinance. He explains he thinks alternatives for access and egress should be
explored toward the front of the house. Orzel responds by briefly explaining zoning
requirements for two family houses and states the other alternatives were not workable under
zoning.
Squibb asks if overland flow was figured into the drywell capacity. Orzel states that he is not
sure.
Lang opens the discussion to the public.
Sally Arsenault, 53 and 60 South Terrace, asks if the addition of crushed stone undermine the
existing pavement and how will the 30-inch sewer line be protected. Orzel states the crushed
stone should not change how water flows from existing conditions and the pavement will not be
impacted, he goes on to explain that the applicant is aware of the sewer line and easement
requirements.
Joan Gallagher, 10 Margaret Avenue, states she has not had the opportunity to review the new
plan and she has concerns regarding snow removal and drainage onto her property.
Paluzzi states the hearing should be continued pending the submission of additional information
regarding the cross section of the stone swale and the runoff calculations for the drywell
capacity. Members agree.
Johnson moves to continue the hearing to the December 13, 2005 meeting. Seconded by Paluzzi.
All members are in favor. Motion carries 6-0.
Cont: Greenwood Avenue, DEP File #5-882 – Halifax Garden Co.
Thad Berry, engineer for the applicant, states he has worked with Ginny Roach from CDM in her
review of the project and has addressed her concerns, he believes, satisfactorily.
Maxner states she received a faxed letter from Ginny Roach summarizing her review of the latest
plan changes. She reads the letter into the record.
Lang asks if Berry would have a problem adding an additional baffle or sediment trap at the
outlet as suggested by Roach. Berry states he would have no issues with that at all. A brief
discussion ensues regarding the remaining comments by Roach and Berry responds to
Commission questions and comments.
Beverly Conservation Commission
November 22, 2005 Meeting Minutes
Page 3 of 7
Berry states that he will submit the Operation and Maintenance plan and inspection form to the
Commission as soon as possible as he believes maintenance will be the most important element
to the proper functioning of this drainage system. He also states he would be willing to place
language in the deeds to ensure the homeowners will assume this responsibility.
Lang asks if there are any further questions from the Commission or the public. There are none.
Paluzzi moves to close the hearing. Seconded by Cademartori. All members are in favor.
Motion carries 6-0.
New: 425 Hale Street – Richard Olney
Maxner reads the legal notice.
Elizabeth Wallis, Hayes Engineering consultant for the applicant, states the purpose of this
project is to remove an obsolete and abandoned cast iron drainage pipe from the coastal beach.
She explains that the neighbor located to the right now has a pipe that allows for salt-water
intake for an in-ground pool, and this pipe will be avoided during the project.
Hayes asks what the pipes were used for and how they will be taken out. Wallis states they
suspect it was used as a storm drain for Hale Street. She explains equipment will be brought in
by barge and a backhoe will be used and the pipe will be cut in place and removed.
Paluzzi asks if there will be any pipe located beyond extreme low tide within land under the
ocean. Wallis states yes, they believe there is about 20 feet of pipe under water at low tide and
they do intend to remove that as well.
Squibb states he would like to have the support ties pulled all the way out, but if that is not
possible he would suggest that they be cut at least 12 inches below grade.
Lang asks if there are any questions from the public. There are none.
Lang asks if there are any further questions from members. There are none.
Johnson moves to close the hearing. Seconded by Cademartori. All members are in favor.
Motion carries 6-0.
New: 0 Hickory Lane – Cecil Blair
Maxner reads the legal notice.
John Dick of Hancock Associates, representing the applicant, states the project involves
construction of a new single-family house, deck and driveway within the 100-Foot Buffer Zone
Beverly Conservation Commission
November 22, 2005 Meeting Minutes
Page 4 of 7
to Bordering Vegetated Wetland. He states the local 25-Foot No Disturbance Zone is being
respected with the corner of the house 27 feet from the edge of wetland at its closest point. He
goes on to explain general site conditions and states that the majority of the lot has been
maintained by mowing and invasive species have moved in including Japanese Knotweed and
Buckthorn.
Lang asks if the existing grades will change post construction. Dick states no changes in grade
are proposed and the house will be slab on grade, no basement is proposed due to high ground
water.
Paluzzi asks if the house could be shifted farther away from the wetland. Dick states no, there is
a building envelope per zoning regulations that has dictated where the house can go.
Johnson states he would like to visit the site before making any decisions. Members agree.
Lang opens the discussion to the public.
Resident of 6 Hickory Lane expresses concern about the set backs from the wetland. Dick
explains the 25-Foot No Disturbance Zone requirements.
Resident of 39 Millbrook Road expresses concern over the new impervious surface that will be
introduced to this area with this project.
Mary Cummings, 49 Millbrook Road, states that water backs up into her yard now when it rains
and she is concerned about increased flooding.
Lang states these issues can be further discussed at the site inspection and subsequent hearing.
There being no further questions or comments from the Commission or the public, Paluzzi
moves to continue the hearing to the December 13, 2005 meeting, pending a site inspection
scheduled for Saturday, December 3, 2005 at 9:00 a.m. Seconded by Hayes. All members are in
favor. Motion carries 6-0.
OLD/NEW BUSINESS
New: 865 Hale Street, DEP File #5-788 – Kevin Berry Request for Extension
Kevin Berry states he is seeking a one year extension to his existing Order of Conditions and
explains that his work schedule has been hindered with all the work the City has been doing on
the Chubb Brook drainage and sewer project. He briefly explains the project to refresh the
Commission’s memory on details of his proposal.
Johnson moves to issue a one-year extension to the Order. Seconded by Paluzzi. All in favor.
Motion carries 6-0.
Beverly Conservation Commission
November 22, 2005 Meeting Minutes
Page 5 of 7
Cont: 527 Essex Street – Enforcement Order Action Update – Peter Scouras
Bill Manuell, of Wetlands & Land Management representing Peter Scouras, states that in
response to the Enforcement Order issued by the Commission, he has prepared a wetland
restoration plan which calls for eliminating invasive species in the wetland and Buffer Zone and
replanting the area with native wetland species. He explains that the Scouras’s yard is very
limited and the 25-Foot No Disturbance Zone encumbers most of the back yard and would
essentially render it useless if it were to be replanted as the Commission requested. He asks if
the restoration plan is something the Commission would consider as an alternative approach.
Discussion ensues regarding the general site conditions and members agree that a site inspection
would be helpful in determining whether or not to approve Manuell’s proposal.
A site inspection is scheduled for Saturday, December 3, 2005 at 9:30 a.m. and discussion on this
item is continued to the December 13, 2005 meeting.
Public Hearing for Amendment to Beverly Wetlands Protection Regulations
Maxner reads the legal notice.
Maxner explains she has drafted an amendment to the Beverly Wetlands Protection Regulations
in order to provide a clear guidance for securing services of independent consultants for project
review.
Members take time to review the language, and discussion ensues regarding whether the
Commission should table the NOI discussion until the applicant provides the fee or if the
Commission should deny the application if the applicant fails to pay the fee within 10 days of
notice. Hayes states that the process should be very clear and uncomplicated and is in favor of
giving the Commission the authority to deny the NOI if no payment is received within 10 days.
Squibb agrees and states the process may be unnecessarily prolonged if the Commission waits
for payment. Members agree to apply the language that provides the Commission authority to
deny the NOI application if payment of consultant fees are not received within 10 days of notice.
Lang asks if any members of the public have any questions or comments. There are none.
Lang asks if the Commission has any other comments or discussion points. There are none.
Paluzzi motions to adopt the draft language with amendments as discussed. Seconded by
Cademartori. All members are in favor. Motion carries 6-0.
Cont: 24 Meadow Road – Enforcement Order Action Update – James Pica
Maxner states she included an update from Marc Jacobs in members packets regarding the
removal of compost and yard waste as required by the Enforcement Order issued by the
Beverly Conservation Commission
November 22, 2005 Meeting Minutes
Page 6 of 7
Commission a few months ago. She states that she was unable to conduct a site inspection
before the meeting but will make sure to get there before the next meeting to report her findings.
Members agree to continue this item to the December 13, 2005 meeting.
ORDERS OF CONDITIONS
Greenwood Avenue, DEP File #5-882 – Halifax Garden Co.
Discussion ensues regarding potential conditions to apply to the project.
Johnson moves to issue Standard Conditions and the following Special Conditions:
1. A particle separator/sediment baffle device shall be incorporated into the forebay outlet
design.
2. The services of an independent erosion control monitor shall be secured and he/she shall
provide monthly monitoring reports to the Commission during construction up to and
including the paving of the driveways.
3. A copy of the inspection form template shall be submitted to the Commission prior to
construction.
4. Prior to construction, the limit of the 100-Foot Buffer Zone and the 25-Foot No
Disturbance Zone shall be staked in the field and maintained throughout active
construction.
5. Prior to the issuance of a Certificate of Compliance, a copy of the Homeowners
Association stormwater structure/drainage structure Operation and Maintenance Plan
shall be submitted to the Commission.
6. The Commission shall receive a copy of the yearly inspection report after construction is
complete and yearly drainage structure inspections commence.
Seconded by Paluzzi. All in favor. Motion carries 6-0.
425 Hale Street – Richard Olney
Discussion ensues regarding potential Special Conditions to apply to the project.
Paluzzi moves to issue Standard Conditions and the following Special Conditions:
1. The limit of work shall be restricted to within 50 feet on each side of the pipe.
2. If wooden support stakes cannot be completely removed/pulled from the beach, they shall
be cut off/trimmed 12 inches below grade.
3. Re-fueling of any equipment or machinery shall be done in a manner to prevent any
spillage or leakage of fuel or any related material.
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November 22, 2005 Meeting Minutes
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4.
Storage of debris shall be protected from tidal action.
Seconded by Johnson. All in favor. Motion carries 6-0.
OLD/NEW BUSINESS CONTINUED
Election of Officers
Discussion ensues regarding the election of officers. Members agree to wait until after January
2006 to reconsider elections.
Approval of Minutes
Paluzzi moves to approve the October 25, 2005 meeting minutes with amendments. Seconded
by Hayes. Lang abstains. Motion carries 5-0-1 (one abstention).
Holiday Party Plans
Lang states that he and his wife Eileen are happy to host the annual holiday party at their house
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and offers December 10 or 16 as possible dates. Members agree to December 16 at 7:00
p.m.
Lang states he will email members to plan the menu and make suggestions for items people can
bring.
Other Business
Maxner provides informational material regarding beaver related issues for Commissioners’
regulatory handbooks.
Adjournment
Paluzzi moves to adjourn. Seconded by Johnson. All in favor. Motion carries 6-0.
Meeting adjourns at 10:30 p.m.