2005-09-13
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
September 13, 2005
Board:
Conservation Commission
Subcommittee:
Members Present:
David Lang (Chair) Tony Paluzzi (Vice-Chair),
Ian Hayes, Greg Cademartori, Mayo Johnson
Bill Squibb (arrives 6:45 p.m.)
Members Absent:
Others Present:
Amy Maxner – Environmental Planner
Recorder:
Robin Levesque
Lang calls the meeting to order at 6:30 p.m.
New England Power – Vitale Site Restoration Project Update
Mike Lotti, representative of New England Power, states the work is between 65-70% complete.
Lotti states there will be an open house site tour, Saturday, September 17, 2005 at 10:00 am. He
explains the procedure of installing the temporary access road and explains that in April there
was land clearing, June they cleared near the Cailin lot and he explains the capping progress. He
states that in July one quarter of the site was capped, and that the restoration was started in the
wetlands, in August they excavated all ash west of 97, and restoration progressed over on the
Wenham side across Route 97 has begun.
Wetland Scientist Ann McMenemy explains that unexpected field conditions required that they
make adjustments as work progressed. She states they encountered bedrock at shallower depths
than anticipated at the plunge pool area and therefore the channel was extended 17 feet to the
east to accommodate the depth needed for the plunge pool. She explains that in an area along the
northerly property boundary they encountered additional fly ash where it was not expected. This
area was part of an Isolated Wetland and through discussions with Amy Maxner and the
Commission, the area was excavated and returned to original grades so as not to disturb this
isolated wetland. She states the plantings on Lot 3 are starting to establish, but there were
concerns about the phragmite colony, which was over excavated in order to capture the root
system to retard its growth. She hands out a sample of the phragmite roots found in the area in
question. She explains that the perimeter growth of phragmite has been weed whacked to cut
down on the seed release. She states that there has been a return of the wildlife, bird activity,
dragonflies, and turkeys.
Squibb arrives.
General discussion ensues regarding the timetable for the remaining portions of the project and
what is left to complete.
Beverly Conservation Commission
September 13, 2005 Meeting Minutes
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Lang states this is a worthwhile project, and thanks Lotti, McMenemy and NEPCO for doing
such a great job and conducting the project in such a professional manner.
Maxner states that everyone on the project has been very cooperative and has done a great job
keeping her informed of the progress and any problems encountered.
Members thank Lotti and McMenemy for the update.
CERTIFICATE OF COMPLIANCE
New: 77 Conant Street - #5-858 – Teresa Trimble
Maxner states that the Commission issued an Order of Conditions for the construction of a 24’ x
24’ garage and extension of the existing driveway to meet the new garage, within 100 foot buffer
zone to Bordering Vegetated Wetland and the outer 100 foot Riverfront Area. Maxner states the
applicant is requesting a waiver from the Standard Condition #35 parts 2 & 3, which require
submission of an as-built plan and certification by a PE or PLS certifying compliance. Maxner
states she visited the site and found the garage and driveway to be in compliance. She states the
hay bales were spread in the No Disturb Zone and a small corner of the wetland, but there are no
other outstanding issues.
Paluzzi moves to issue the Certificate of Compliance and grant a waiver to Standard Condition #
35, attach Standard Conditions # 39 through 42 as ongoing conditions and require the applicant
to remove the hay bales from the No Disturb Zone and wetland. Seconded by Hayes. All in
favor. Motion carries 6-0.
New: 21 New Balch St. - #5-831 – Tower Homes, Inc.
Maxner states that the Commission issued an Order of Conditions for the construction of a
single-family house and associated appurtenances within the 100-foot Buffer Zone to the
Bordering Vegetated Wetland. She states no work was proposed within the 25-Foot No
Disturbance Zone, but the Commission attached a Special Condition requiring that it be called
out in the deed, which it has and was attached to the Certificate request. She states the hay bale
line served as the limit of work for the project and it was discussed during the hearings that
limiting the clearing to this point would actually preserve more natural vegetation than clearing
to the limit of the 25 foot No Disturb Zone. Maxner states she visited the site and found it to be
stable and in compliance.
Paluzzi moves to issue the Certificate of Compliance and to attach the Standard Conditions # 45,
46, 47 and 49. Seconded by Johnson. All in favor. Motion carries 6-0.
New: 4 Farms Lane- #5-770 –Brian Boches
Maxner states that the Commission issued an Order of Conditions for the installation of
approximately 445 foot 8” sewer pipe within an existing roadway adjacent to a perennial stream.
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She states the Commission accepted a sketch plan by the applicant with the Notice of Intent, and
that the applicant has submitted an as-built plan stamped by Griffin Engineering. Maxner states
the work was completed a couple of years ago. Maxner stated she did a site visit and that the
project was in compliance, she states there where no special conditions.
Johnson moves to issue the Certificate of Compliance. Seconded by Paluzzi. All in favor.
Motion carries 6-0.
New: 5 Elm Top Lane - #5-791 – Elm Top Realty Trust
Maxner states that the Commission issued an Order of Conditions for the construction of a
single-family house within the 100 Foot Buffer Zone to Coastal Bank. She states that the
completion of the Coastal Bank restoration was a Special Condition for the second house to be
built, but the Commission has approved the restoration of the bank plantings and the second
house is under way.
Bob Griffin from Griffin Engineering representing the applicant states that 5 Elm Top Lane was
one lot, which was split into two. He states the house is set back a little more away from the
Coastal Bank than what was proposed and the terrace is a little bigger laterally than proposed but
the site is stable and in his opinion in substantial compliance with the Order.
Maxner states she visited the site with Griffin and observed no outstanding issues.
Lang asks if Commissioners have any questions.
Squibb asks if the plants that were broken were replaced on the Coastal Bank restoration
plantings. Griffin states that they will be replaced but that the restoration was a condition of the
second house and it would be sure to get addressed through that Order.
Paluzzi moves to approve the Certificate of Compliance with attached Perpetual Conditions #’s
46-49. Seconded by Johnson. All in favor. Motion carries 6-0.
New: 44 River St. - #5-843 – Massachusetts Electric Company
Maxner states that the Commission issued an Order of Conditions for the removal of
approximately 1,000 cubic yards of sediment containing coal tar from the Bass River to comply
with the Massachusetts Contingency Plan Class C Response Action Outcome. Maxner states she
visited the site while work was on going, and work was being conducted in compliance with the
approved plan and order.
Elizabeth Greene, Massachusetts Electric Environmental Engineer, states that the river portion of
the remediation is complete as part of the Class C RAO, and the upland portion will be the next
phase of work and that will come under a separate application with the Commission.
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September 13, 2005 Meeting Minutes
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Lang asks if there will be any additional monitoring. Greene states monitoring will be conducted
on an annual basis to ensure the cap material is not being eroded and remains in good condition
and bathymetric testing will also be conducted.
Lang asks if Commission members have any further questions. There are none.
Johnson moves to issue the Certificate of Compliance. Seconded by Paluzzi. All in favor.
Motion carries 6-0.
New: 722 Cabot Street - #5-856 – Kenneth Cotreau
Maxner states the Commission issued an Order of Conditions for the installation of an in ground
pool, patio and pool shed within the 100 Foot Buffer Zone to BVW and bank of an intermittent
stream. She states the applicant is asking for a waiver from the Standard Condition # 34 parts 2
& 3 requiring an as built plan and stamped letter from a PE or PLS certifying compliance with
the Order, as the Commission accepted a sketch plan by the applicant. Maxner states she visited
the site and the yard waste has been removed from the wetland area as required by the Special
Condition, and she found no outstanding issues. She states that the pool is built to measurements
on the approved plan and the site is stable.
Maxner asks the Commission if it would like to attach any on-going conditions with the
Certificate.
Paluzzi states there are perpetual conditions as part of the Order and he thinks it would be a good
idea to keep them attached. Members agree.
Paluzzi moves to issue the Certificate of Compliance with attached perpetual Conditions #’s 38-
41 and waive the requirement of an as-built and P.E. certification. Seconded by Johnson. All in
favor. Motion carries 6-0.
REQUEST OF DETERMINATION OF APPLICABILITY
New: 8, 10, & 12 Yankee Way – David Gabriel
Maxner reads the legal notice.
David Gabriel, applicant, states he is proposing to add landscape improvements and rip rap wall
stabilization within the Buffer Zone to Bordering Vegetated Wetland and adjacent to the
detention basin in the back of his yard. He describes the landscaping to the Commission
members; he states the planting will be in the rear of the property and the rip rap wall will be
loamed and seeded. He states that there is a drop into the basin and it causes a hazardous
condition to the children in the area. He states there will be planting along the berms of the
detention area, and he will also install a fence along the edge of the top of the slope in his back
yard.
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Beverly Conservation Commission
September 13, 2005 Meeting Minutes
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Lang states the Commission may want to take a look at this. Members agree.
Paluzzi moves and to continue the discussion to the October 4, 2005 meeting, pending a site
inspection scheduled for Saturday, September 17, 2005 at 8:00 a.m. Seconded by Johnson. All
in favor. Motion carries 6-0.
New: 38 South Terrace – Timothy Lundergan
Maxner reads the legal notice.
Timothy Lundergan the applicant states he is proposing to renovate an existing single-family
house within the Riverfront Area to the Danvers River. He states there will be no changes to the
footprint of the house and he proposes two new posts to support an existing porch.
Discussion ensues regarding general site conditions. Hayes explains that any further work on
vegetation within the Buffer Zone and particularly within the 25-Foot No Disturb Zone will need
to be reviewed by the Commission. Lundergan states he has no formal landscaping plan yet but
will present to Commission if and when he does.
Lang asks if the Commission has any further questions. There are none.
Paluzzi moves to a Negative # 3 Determination with the following Special Conditions:
1. A dumpster shall be on site at all times during construction and shall be located on the
street side of the house.
2. All wood and/or construction material shall be stored on street side of house.
3. All lose construction debris/litter/trash shall be picked up daily and placed in dumpster or
taken off site.
4. The two new postholes shall be dug by hand or hand augured.
5. The limit of work shall be at the top of the bank.
6. The dumped tires and other debris shall be removed from the bottom of bank and within
the mud flats and taken off site to an appropriate facility.
Seconded by Johnson. All members are in favor. Motion carries 6-0.
New: 15 Cherry Road – Paul McCarthy
Maxner reads the legal notice.
Paul McCarthy, applicant, states he is proposing to install a 24 foot round above ground pool
with the Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. He states the pool
will be placed within the existing lawn area and will not involve the removal of any vegetation
other than sod.
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Beverly Conservation Commission
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Lang asks about the distances to the wetland. Maxner states the proposed pool is 51 feet from
the wetland as she measured it in the field from the stakes placed by Mr. McCarthy.
Lang asks what will be done with the excavated sod. McCarthy states he may use what he can
for his flower beds, but will dispose the rest off site if there are leftovers.
Lang asks if members have any further questions. There are none.
Johnson moves to issue a Negative # 3 Determination. Seconded by Paluzzi. All in favor.
Motion carries 6-0.
New: 77 Grover Street – David & Laurie Ellen Gwynne
Maxner reads the legal notice.
David Gwynne, applicant, states he is proposing to construct a 14’ x 16’ kitchen addition within
the Buffer Zone to Bordering Vegetated Wetland. He states the proposed kitchen addition will
come no closer than the existing deck that is located off the rear of the house. He explains that it
will be a pre-manufactured unit that will be lowered in place after the foundation is poured.
Lang asks if it will be at the same grade as the house. Gwynne states yes, it will be.
Maxner states it is about 80 feet from the wetland as she measured it out in the field.
Paluzzi asks about the excavation of the soil, where will it go. Gwynne states the soil will be
taken away as they have no use for it.
Paluzzi asks if it will have a full foundation. Gwynne states yes.
Lang asks if there are any further questions from the Commission. There are none.
Johnson moves to issue a Negative # 3 Determination with the following Special Condition:
1. Silt fence shall be installed between the work and the resource area prior to any
activity.
Seconded by Paluzzi. All in favor. Motion carries 6-0.
RECESS FOR PUBLIC HEARINGS
Paluzzi moves to recess for public hearings. Seconded by Johnson. All members in favor.
Motion carries 6-0.
AMENDMENT TO ORDER OF CONDITIONS
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New: 6 Fosters Point - #5-868 – Robert & Janet Gallagher
Lang recuses himself from the meeting and leaves the room.
Maxner reads the legal notice.
Robert Gallagher, applicant, states he is requesting an amendment to the Order of Conditions for
the construction of a 12 foot by 16 foot pile supported pier with a 6 foot by 24 foot pile
supported floating docks and one 16 foot by 24 foot floating dock within Riverfront Area, a Salt
Marsh and tidal flats of the Danvers River. He states that the Army Corps of Engineers has
directed him to change this system to one that is entirely supported by pilings so that no portion
of the system is resting in the mud flats. He states the terminal floats will be attached to a
gangway and will be floating in at least 2 feet of water at all times.
Maxner asks what the height of the pier will be over the mud flats. Gallagher states it will be as
high as 12 feet and as low as 4 feet closest to the house.
General discussion ensues regarding the length of the pier and floats. Gallagher states there will
be 26 piles at 12 inches diameter and will be installed from a barge. He will be contracting with
North Shore Marine to do the work.
Paluzzi asks if there are any questions from the public. There are none.
Johnson moves to close the hearing. Seconded by Hayes. Cademartori abstains. Motion carries
4-0-1 (one abstension).
Lang returns to the meeting.
New: 261 Hart Street – Hilary Gabrieli
Maxner reads the legal notice.
Tom Keough from Hancock Associates represents the applicant and states the original Order of
Conditions was issued for landscaping enhancement, and replanting of the 25-Foot No Disturb
Zone adjacent to an Isolated Vegetated Wetland. He states the amendment is proposing the
installation of a catch basin and an eight-inch pipe approximately 270 feet in length to drain an
area of occasional ponding located at the intersection of the abutting property lines. He states the
ponding is due to prior development of a swimming pool and shed. He states the portion of the
work within the Commission’s jurisdiction is approximately 80 feet of the proposed pipe. He
states a 2-foot trench will be excavated and the pipe installed, the trench will be backfilled using
the excavated materials. He states the disturbed area will be seeded with grass seed and no
additional work is proposed.
Maxner states the area flooding is fairly level as she observed it during a recent site inspection.
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Beverly Conservation Commission
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General discussion ensues regarding the anticipated volume of water for specific storm events.
Keough states that drainage calculations were performed to allay the fears of the property owner
that no additional flooding would occur, and offers the Commission a copy of the calculations if
they wish.
Cademartori asks if infiltrating along the length of the pipe was considered. Keough states it is
such a shallow area and the pipe seemed to make most sense to alleviate the flooding up
gradient.
Lang asks if there are any questions from the public. There are none.
Paluzzi moves to close the hearing. Seconded by Hayes. All in favor. Motion carries 6-0.
NOTICE OF INTENT
Cont: Off Boulder Lane - #5-816 – Miles Group Inc.
Maxner states the project involves the construction of an age restricted multi-unit housing
development and associated roadways, utilities, drainage structures and landscaping. She states
at the last meeting the members voted to continue the hearing to this meeting and requested that
the applicant appear before the Commission to show cause for delay in proceedings under the
Act and the Ordinance and to provide proof of due diligence in pursuing other required permits.
She states she spoke with the applicant’s engineer yesterday who indicated that the applicant’s
attorney would be appearing at the meeting tonight. She states that there is no one present to
represent the applicant at the meeting.
Lang states he sees no reason to continue the hearing as the Commission’s request for additional
information seems to have been ignored. Squibb agrees, and states that the applicant was
provided with enough time to prepare something to respond to the Commission’s request but
now he does not see any just cause for continuing.
Johnson moves to close the hearing. Seconded by Hayes. All in favor. Motion carries 6-0.
Cont: Greenwood Avenue - #5-882 – Halifax Garden Co. LLC
Maxner states the project involves the construction of two single-family homes, driveways, and
stormwater detention basin. Maxner states the Commission will recall requiring a drainage
review by CDM; she states that CDM has been waiting for a signed work order from the City to
complete their review. Maxner states she spoke to Finance Director John Dunn regarding using
the funds from NOI account to pay CDM and then being reimbursed by the applicant.
Members discuss using funds from the NOI account and agree they are not in favor of doing this.
Johnson moves to continue the hearing until October 4, 2005. Seconded by Paluzzi. All in
favor. Motion carries 6-0.
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September 13, 2005 Meeting Minutes
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New: 228 Common Lane – Stephen Crane
Maxner reads legal notice.
Bob Griffin from Griffin Engineering, representing the applicant states the project involves the
construction of an addition and gravel driveway at an existing single-family residence. He states
the proposed work is within the Buffer Zone to a Bordering Vegetated Wetland, no work is
proposed within the BVW or any other resource area and no impact to the wetlands is expected.
He states that the addition will be approximately 1,050 square feet and 990 square foot gravel
driveway to an existing single family home located on the west side of the building. Griffin
states the existing 4’ PVC sewer service will be re-touted through the proposed addition. He
states the proposed work is setback approximately 26 feet from the BVW and respects the 25-
Foot No Disturb Zone. He states the proposed work will impact existing lawn within the Buffer
Zone and no vegetated will be removed. Griffin states that all disturbed areas will be re-seeded,
re-vegetated, or restored.
Lang asks if there will be any blasting. Griffin states that there is no ledge at the site that he is
aware of and it is not anticipated.
Paluzzi asks if they anticipate water in the foundation. Griffin states may get a little water when
they excavate.
Paluzzi asks if there will be dewatering. Griffin states that there may be a need to dewater the
excavated area, but there are specifications called out in the NOI.
Paluzzi asks about the line on the plan, if it was the edge of the work area. Griffin replies that it
was the hay bales, which does run along the edge of the new driveway.
Lang asks if the members have any more questions. There are none.
Lang asks if there are any questions from the public. There are none.
Paluzzi moves to close the hearing. Seconded by Johnson. All in favor. Motion carries 6-0.
New: 675R Hale Street – Robert Seamans, Jr.
Maxner reads the legal notice.
Bob Griffin from Griffin Engineering representing applicant, states the work involves the repair
of a 24 inch HDPE pipe that was previously slip lined through an older 30 inch cast iron pipe.
He states the HDPE pipe has been uplifted above the existing grade due to beach erosion and
approximately 40 linear feet or pipe is exposed on the beach. He states the repair involves
excavation along the pipe at low tide and lowering it back into its original location. He states
wooden piles and brackets are proposed along the pipe about every 6 feet or so to limit future
movement.
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Lang asks how deep the supporting piles will go. Griffin sates about 10’.
Maxner asks Griffin to review the resource areas. Griffin states there exists Land Under the
Ocean, the mean low water line is approximately 85 feet from the rip-rap embankment. He
states the proposed work is approximately 6 feet from near shore area of land under the ocean.
Griffin states the work proposed within the beach is temporary and will have no long-term
adverse impacts to the wetland resource area and to the interest of storm damage prevention and
flood control or wildlife habitat. He states the Coastal Bank that lies at the landward edge of the
coastal beach is a rip-rap embankment. Griffin states the height of the bank is approximately 9
feet. He states the proposed work will extend to the base of the coastal bank and no direct
impact or adverse effect on the bank is anticipated.
General discussion ensues regarding the drainage of the freshwater wetland located to the north
and equipment to be used during the project.
Lang opens the discussion to the public.
Richard Davis of 30 Preston Place states this is a worthwhile project and present conditions are
not attractive and are a nuisance.
Maxner asks when the rubber pipe was placed. Seamans replies in the 90’s.
Christopher Velonis of 68 Paine Avenue reads a letter he wrote in support of the project.
Lang asks the members or the public have any further questions. There are none.
Paluzzi moves to close hearing. Seconded by Johnson. All in favor. Motion carries 6-0.
New: 68 Paine Avenue – Christopher Velonis
Maxner reads the legal notice.
Christopher Velonis, applicant, states he proposes to reconsolidate the rip-rap stone in front of
his concrete seawall within Coastal Beach and Land Subject to Coastal Storm Flowage. He states
the equipment will have access through his driveway. He states he has a valid Chapter 91 license
for this rip-rap.
Lang asks a clarifying question about the rip-rap on the Chapter 91 license. Velonis states it
will conform to what is depicted in the plan, and explains he will bury the large cement piece or
remove it, whatever the Commission requests.
Resident of 48 Paine Avenue asks about the right of way. Lang states that can be looked at as
the Commission will no doubt schedule a site inspection, but this issue may not be under the
Commission’s jurisdiction.
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Richard Davis of 30 Preston Place, states he thinks the seawall should be removed and rebuilt to
be in line with the other walls adjacent to it.
Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection
scheduled for Saturday, September 17, 2005 at 8:30 a.m. Seconded by Johnson. All in favor.
Motion carries 6-0.
New: 93 West Street – James Nyce
Maxner reads the legal notice.
Thomas Keough from Hancock Associates representing the applicant states the applicant is
proposing to construct an in-ground pool, stone terrace patio, and associated utility shed. He
states the in-ground pool and the shed are proposed in an area currently maintained as lawn. He
states upon completion of the project all disturbed areas will be loamed and seeded and there are
no changes in grade and the project respects the 25-Foot No Disturbance Zone.
General discussion ensues regarding the project and its location relative to the resource areas and
seawalls present on the property.
Lang opens the discussion to the public.
Robert Lockwood from 89 West St states he is concerned about the pool and the wall, he states
he thinks it does impact him with regard to flooding.
Paluzzi questions the location of the 100-year flood elevation. Keough states no activity planned
it that zone.
Squibb suggests a site visit.
Johnson moves to continue the hearing to the October 4, 2005 meeting pending a site inspection
scheduled for Saturday, September 17, 2005 at 9:15 a.m. Seconded by Paluzzi. All in favor.
Motion carries 6-0.
New: 412 Hale Street – Landmark School
Maxner reads the legal notice.
Danielle Peters of Geller DeVellis representative for the applicant states that the proposed
project consists of installing a 4” fire protection line off an existing water main located behind
the Bain building on the campus of the Landmark School. She states there will be no permanent
change in the topography or vegetation and the work for the water line is expected to last one to
two days maximum. Erosion and sediment controls will be installed during construction to limit
the amount of disturbance, and goes on to explain that there will be a replanting area of shrubs
and trees to compensate for the dead hemlocks that were taken down during the summer.
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General discussion ensues regarding the wetland resource and the nature of the work. Peters
states the plantings will not be done until next spring growing season.
Lang asks if there are any questions from the public. There are none.
Johnson moves to close the hearing. Seconded by Paluzzi. All in favor. Motion carries 6-0.
New: 49 & 50 Sonning Road – Tom Pyburn and Paul Lyons
Maxner reads the legal notice.
Bruce Poole from S.P. Engineering representing the applicant, states that test pits were
completed with the Commission’s permission pursuant to a 21E site investigation as this site was
once used as a landfill. He states the property abuts Route 128, North Beverly Brook, that there
is no Bordering Vegetated Wetland associated with the brook. He states that some clearing has
been done, and that they immediately put in hay bales pursuant to an Enforcement Order issued
by the Commission. He briefly explains the results of the test pit exploration. He explains the
applicant is seeking to construct a single-family house, driveway and associated appurtenances
within the Buffer Zone.
General discussion ensues regarding drainage and the status of the brook. Maxner explains the
applicant provided photographs of the brook with a dry bed during August of this summer from
five separate days during that month.
Lang opens the discussion to the public.
Abutters to the project express general support for the project as they wish to see the dumping on
this property stopped.
Lang suggests a site inspection.
Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection
scheduled for Saturday, September 17, 2005 at 9:45 a.m. Seconded by Johnson. All members
are in favor. Motion carries 6-0.
New: 686 Hale Street – Molly Ryan
Maxner reads the legal notice.
Maxner states the proposal is dredge a landscape pond, however the wetland consultant opted to
skip this hearing considering the length of the agenda and offered to be available for a site
inspection.
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Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection
scheduled for Tuesday, September 20, 2005 at 6:00 p.m.. Seconded by Johnson. All members
are in favor. Motion carries 6-0.
New: 567 Hale Street – Caleb Loring, Jr.
Maxner reads the legal notice.
Maxner states the proposal is to construct a single family house and associated appurtenances
within the Buffer Zone to BVW bordering bank of intermittent stream, however the wetland
consultant opted to skip this hearing considering the length of the agenda and offered to be
available for a site inspection.
Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection
scheduled for Tuesday, September 20, 2005 at 6:30 p.m.. Seconded by Johnson. All members
are in favor. Motion carries 6-0.
OLD/NEW BUSINESS
New: DEP File #5-750 – Certificate of Compliance Rescind – 107 Brimbal Avenue. -
Olivier Humbert
Maxner states that back in June the Commission issued a Certificate of Compliance to Olivier
Humbert the Certificate was altered to reflect the new owner’s name and then recorded at the
Registry. She explains the Commission will need to vote to rescind the Certificate and order the
applicant to reapply for a new Certificate indicating the person to whom it should be issued.
Paluzzi moves to rescind the Certificate and require the applicant reapply. Seconded by Squibb.
All members are in favor. Motion carries 6-0.
New: 65 West Street – Investigation/Enforcement Request
Maxner states she received a letter requesting an investigation of 65 West Street from the
neighbor of Evan Wile. She states since this came in a formal letter from the neighbor’s attorney
she opted to place it on the agenda so that the Commission may consider this as a group.
Jeffery Horvitz states that excavations have taken place on the property, fill has been sifted and
removed from the property, there have been helicopters landing within the buffer zone and some
th
along the coastal bank. During the 4 of July, there was a large party; the area was heavily used
during the weekend. He would like the Commission to make a determination if Mr. Wile is in
violation of the Wetlands Protection Act and Ordinance.
A site visit is scheduled for September 20, 2005 at 5:30 p.m.
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September 13, 2005 Meeting Minutes
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New: 7 Deerhaven Road – Kandis & Chris Cloutman
Maxner states that the Cloutman’s requested to fill and grade a low-lying area located on their
property. She states the area in question was delineated as an Isolated Vegetated Wetland in the
early-mid 1990’s when this subdivision was built.
Kandis Cloutman of 7 Deerhaven Rd. states that this area is like a pit that poses a hazard to her
children and others that walk past it. She states that some kids have tumbled down the slopes of
the depression and she is worried that someone will get hurt. She states she called City Hall and
was told by Engineering Director Frank Killilea that there was a pipe there and he suggested that
Mike Collins, DPW Director look at it. She explains that Mike Collins informed them that this
was a wetland and directed her to contact the Commission.
Maxner states she would like the Commission members to look at this area.
Johnson moves that members visit the site on their own time and to continue this discussion to
the October 4, 2005 meeting. Seconded by Hayes. All members are in favor. Motion carries 6-
0.
New: 15 Access Road – Jose Mudafort
Maxner reads a letter from Mr. Mudafort requesting to cut several trees on his property that are
posing a hazard to safety. She states these trees are within the Buffer Zone to Bordering
Vegetated Wetland and she believes two or three are at the edge of the wetland. She states that
Tony Paluzzi visited the site and indicated that he would be willing to allow the removal of said
trees as they are posing a risk for damage and safety.
Paluzzi states he had visited the site and he has no problem with him taking the trees down, there
not in the wetland and a couple of the trees may fall into the 128 exit ramp.
Cademartori agrees and states he took a quick look and these trees do pose a hazard to both the
house and the 128 ramp.
Johnson moves that Maxner send a letter to allow the removal of the trees. Seconded by Hayes.
All members in favor. Motion carries 6-0.
New: 527 Essex Street – DEP File #5-527 – Peter Scouras
Maxner states that Mr. Scouras received an Order of Conditions for an addition and lateral sewer
tie in May of 1996. She states that this past July, he submitted a building permit application for
the installation of an in ground pool outside the Buffer Zone. Maxner detected a discrepancy
from the approved plan under the Order and the pool permit plan; specifically the garage and
driveway were expanded without approval by the Commission. She explains that she wrote a
letter to Mr. Scouras requesting his presence at this meeting, but he called today stating that he
wanted to prepare an as-built plan for the Commission to review but it is not ready. Maxner
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Beverly Conservation Commission
September 13, 2005 Meeting Minutes
Page 15 of 18
recommends that the Commission issue an Enforcement Order requiring Mr. Scouras to plant the
25-Foot No Disturbance Zone with native bushes and/or shrubs and demarcate the limit of that
zone with permanent markers.
Hayes states the Commission should issue some sort of penalty for not following the Order and
he would be in favor of requiring some sort of mitigation.
Paluzzi states the Commission should issue an Enforcement Order, and require Scouras to hire a
wetland consultant to formulate a planting plan.
Hayes moves to issue an Enforcement Order and require Mr. Scouras to replant the 25’NDZ and
to have the plan designed and plantings supervised by a wetland scientist, submitted to the
Commission in time for the November 22, 2005 meeting and that the plantings be completed by
the end of May of 2006. Seconded by Johnson, All members are in favor. Motion carries 6-0.
New: Standley Street Compost Facility
Maxner states she received a telephone call from Ward 6 Councilor Pat Grimes, requesting the
Commission to inspect the Standley Street compost site for complaints of odor as well as
possible encroachment into the wetlands.
Hayes moves to continue discussion on this to next meeting of October 4, 2005. Seconded by
Johnson. All members are in favor. Motion Carries 6-0.
150 Sam Fonzo Drive, DEP File # 5-844
Maxner states the Commission issued an Order of Conditions for the construction of an industrial
building at 150 Sam Fonzo Drive, and as part of mitigation for encroachment into the 25-Foot
No-Disturb Zone a Conservation Easement was required for the undeveloped portions of the
property. She states the Commission wished to review the language of the easement.
Members take a moment to read the proposed language. Lang states this seems to be very basic
language and thinks there is a need for more detail. Members agree.
Maxner states there should be prohibitions on motorized vehicles except that which is needed to
clean the property of dumped debris. Lang suggests that a more complete template for language
be drafted and reviewed by the Commission. Members agree.
Lang excuses himself from the rest of the meeting and explains he has a very early flight
tomorrow morning and needs to go home.
26 Middlebury Lane
Maxner reads a letter from the resident of 26 Middlebury Lane regarding trimming tree branches
within the Buffer Zone to a wetland area.
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Beverly Conservation Commission
September 13, 2005 Meeting Minutes
Page 16 of 18
Johnson states he would not be opposed to allowing the trimming of branches only. Hayes
agrees. Members agree and instruct Maxner to inform the resident that she only has approval for
trimming branches that are posing a hazard.
7 Margaret Avenue, DEP File # 5-861
Maxner states the applicant wants to level an area in the outer Riparian Zone to put in parking
and shows the proposed plan to the members. She asks if the Commission would like an
amended Order or a Minor Modification. Members advise that an amended Order is most
appropriate for this proposed change. Maxner states she will inform the applicant that he needs
to submit a request for an Amendment.
Reimbursement
Maxner states she had to send the complete administrative record of the Whitehall Cluster
Subdivision to George Hall, the Commission’s independent council for the appeal, and she
requests reimbursement for $10.45.
Hayes moves to approve Maxner’s request for reimbursement of $10.45. Seconded by Johnson.
All members are in favor. Motion carries 5-0.
Renewal of Membership to Essex County Greenbelt Association
Paluzzi moves to approve the renewal of membership at the $75.00 level. Seconded by Johnson.
All members are in favor. Motion carries 5-0.
Ipswich River Watershed Association Membership
Maxner states that she has received an Ipswich River Watershed Association membership
invitation to the Commission, she states the cost is $35.00 for a municipal board.
Squibb states this organization does important work and deserves the Commission’s support.
Members agree.
Johnson moves to approve the $35.00 for membership to the IRWA. Seconded by Paluzzi. All
members are in favor. Motion carries 5-0.
ORDER OF CONDITIONS
6 Fosters Point, DEP File #5-868 – Robert Gallagher
Discussion ensues regarding potential Special Conditions that should be applied to this projectl.
Johnson moves to issue Standard Conditions and the following Special Conditions:
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Beverly Conservation Commission
September 13, 2005 Meeting Minutes
Page 17 of 18
1. Construction of the pier shall be accomplished by maximizing access from the water and
from completed sections of the pier. No heavy equipment, vehicles or barges are
permitted on bordering vegetated wetland or salt marsh. If there are no practical
alternatives to using heavy equipment in these areas, a construction plan shall be
submitted to the Conservation Commission prior to construction.
2. The use of chromated copper arsenate (CCA) treated wood and creosote treated timber
for piles and decking shall be used only after alternatives to CCA treated wood are
explored. Wood preservative must be dry before treated wood is used in construction.
3. Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal,
not jetted. If applicable, piles in salt marsh, coastal bank or beach shall be placed by
hand.
4. To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway
shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall
be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the
structure shall be spaced at least ¾ inch apart.
5. Salt marsh vegetation shall be avoided during construction.
6. Any area that is disturbed during construction is to be re-vegetated immediately, or as
soon thereafter as the growing season commences, with appropriate local indigenous
vegetation.
Seconded by Hayes. All members in favor. Motion carries 5-0.
261 Hart Street - Hilary Gabrieli
Johnson moves to issue Standard Conditions. Seconded by Hayes. All in favor. Motion carries
5-0.
Off Boulder Lane – DEP #5-815 – Miles Group, Inc.
General discussion ensues regarding the lack of response on the part of the applicant and
insufficient information for the Commission to make an informed decision on this project.
Lang states there seems to be consensus among members that this project is not approvable
based on the lack of information.
Hayes moves to deny the project for lack of information that was requested by the Commission
but ignored by the applicant. Seconded by Johnson. All members are in favor. Motion carries
6-0.
228 Common Lane – DEP #5-886
Johnson moves to issue Standard Conditions. Seconded by Hayes. All members are in favor.
Motion carries 6-0.
675R Hale Street
Johnson moves to issue Standard Conditions with a Special Condition:
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Beverly Conservation Commission
September 13, 2005 Meeting Minutes
Page 18 of 18
??There shall be no repair of lubrication of machinery or equipment within the resource
area or buffer zone.
Seconded by Hayes. All members are in favor. Motion carries 6-0.
412 Hale Street
Johnson moves to issue Standard Order of Conditions. Paluzzi moves to amend the motion to
add a special condition requiring that the area of excavation shall be seeded with compatible
non-invasive specie seed mix. Seconded by Hayes. All members are in favor. Motion carries
6-0.
Approval of Minutes
Paluzzi moves to review the draft minutes at the next meeting. Seconded by Johnson. All
members are in favor. Motion carries 6-0.
Adjournment
Hayes moves to adjourn. Seconded by Cademartori. All members are in favor. Motion carries
6-0.
Meeting adjourns at 11:30 p.m.
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