2007-07-31
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
July 31, 2007
Conservation Commission
Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary
Reilly, Tony Paluzzi, Gregg Cademartori and Bill Squibb
Members Absent:
None
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street
Beverly, MA.
Certificate of Compliance
Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden
Maxner reminds the Commission that it requested additional information from the
applicant relative to compensatory flood storage, planting strip along the stream and the
yard catch basin but she has not heard from the applicant's consultant in that regard. She
recommends continuing the matter to the August 21 st meeting.
Paluzzi moves to continue to the August 21,2007 meeting. Johnson seconds the motion.
The motion carries 7-0.
Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas
Maxner informs the Commission that she has sent the applicant a letter informing them of
the concerns of the Commission that the 25-Foot NDZ was not respected. Lang suggests
that the Commission continue the matter to the meeting on August 21, 2007 and that the
applicant either comply with the directives in the letter or come to a meeting and discuss
it with the Commission.
Paluzzi moves to continue the matter to the August 21 8t meeting. Hayes seconds the
motion. The motion carries 7-0.
Cont: 245 Dod2e Street - DEP File #5-801 & #5-836 - Henry and Donna Bertolon
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 2 of 12
Maxner explains that at a representative of Griffin Engineering made a presentation at the
last meeting and the Commission tabled the approval of the Certificate of Compliance so
that the applicant could install the required plantings and she would inspect the site prior
to the issuance of the Certificate of Compliance. She has not heard from the applicants in
this regard and recommends that the Commission continue the matter until the August 21,
2007 meeting.
Paluzzi moves to continue the matter to August 21, 2007. Hayes seconds the motion.
The motion carries 7-0.
New: 38 Lexin2ton Drive - DEP File # 5-938 - Ma2ee Construction Company Inc.
Maxner reports that the Order governed the re-building of a fire damaged house within
the same foot print, driveway reconfiguration and buffer zone plantings. She also notes
that the applicant is requesting a waiver from as built plans and P.E. certification as the
house was within the same footprint. She also notes that a certified plot plan was
submitted to the building inspector and that has all of the information required except for
the P.E. certification. She also reports that she did a site inspection and the site is in
compliance.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Certificate of Compliance for 38 Lexington Drive. Reilly seconds the motion.
The motion carries 7-0.
ReQuest for Determination
New: 68 Paine Avenue - Cut and Maintain Nuisance Ve2etation - Chris Vellonis
Maxner reads legal notice.
Chris Ve10nis addresses the Commission and explains that he is proposing to cut and
attempt to manage phragmites within the wetland and buffer zone. He explains that it is
approximately 22,000 s.f. of stocks at a density of 41-50 per s.f. He notes that it has
been growing since 1970 and there is a build up of material beneath it.
Ve10nis notes that he had John Dick of Hancock Environmental look at it and he
recommends that he cut it down and remove the dead stalks. He also notes that Dick
thinks the area is a floodplain and explains the site.
Ve10nis states that he would like to cut it into a maze for his kids to play in but before he
does that he needs to determine if the area is a wetland or not.
Lang asks if they have done any soil samples. Ve10nis states that John Dick didn't think
that was necessary, as the area has experienced historic filling, but John Dick will be
present at a site inspection if the Commission wishes.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 3 of 12
Maxner clarifies that they are going to cut it in the winter and allow it to grow back in the
summer, and then cut it into a maze. She also suggests that the Commission schedule a
site visit.
Lang agrees and suggests that the Commission visit the site on Monday, August 20, 2007
at 7:00 p.m. and continue the matter to August 21,2007.
There being no further questions or comments regarding this matter, Johnson moves to
continue the matter to August 21, 2007, pending a site visit on August 20, 2007. Paluzzi
seconds the motion. The motion carries 7-0.
New: 234 Lothrop Street - Removal of Trees. Installation of 9' x 12' shed - Paul
Tetrault
Maxner reads legal notice.
Maxner recalls that the owner had removed trees from the site within the buffer zone to
the stream within the 25' NDZ, and members of the Commission decided that he should
file a formal application for the additional work that he plans to do in his back yard. She
explains that the applicant is proposing to replant native shrubs adjacent to the stream
channel as mitigation for the tree removal and install a shed as well as to fix the sinkholes
in the backyard and reseed the yard.
Tetrault addresses the Commission and explains the plans. Lang asks what is there now.
Maxner describes the area, which is mostly lawn with the exception of the area where the
hole for the garage has been filled back in November and was replanted with grass.
Hayes asks if the shed will be on a foundation or a slab. Tetrault explains that he was
thinking of using cement blocks but is willing to go with whatever the Commission
wants.
Paluzzi asks if the tree stumps will be removed from the site. Tetrault explains that he
plans on grinding the stumps.
Maxner states that she is not sure if the plan that was submitted shows the correct
configuration of the brook, it is straighter in the field than what is shown on the plan.
Lang asks if there is anyone present who wishes to comment on this matter. There is no
one present who wishes to comment on the matter.
Maxner asks if they plan on tilling the whole yard or just the area that needs attention.
Tetrault states that they will be tilling whatever is necessary to make a smooth lawn.
Lang suggests that hay bales should be installed so that exposed soil does not erode into
the brook. Tetrault agrees to install erosion control.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 4 of 12
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Negative # 3 Determination. Hayes seconds the motion. The motion carries 7-0.
Recess for Public Hearin2s
Paluzzi moves that the Commission recess for public hearings at this time. Johnson
seconds the motion. The motion carries 7-0.
Abbreviated Notice of Resource Area Delineation
Cont. 100 Sohier Road - Map 42 - Lot 144 - Delineate Wetland Resource Area-
City of Beverly - Beverly Hi2h School
Kevin Danahy of Meridian Associates addresses the Commission and explains that they
have submitted revised plans with additional documentation as to the determination that
there is a perennial stream on the site as the result of observations made during the site
visit held by the Commission. He reviews the revised plans and material supporting the
perennial finding with the Commission.
Lang opens the hearing up for public comment at this time.
Rene Mary addresses the Commission and asks for an explanation of what led to the
change. Danahy reviews the findings that resulted from the site visit.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Johnson seconds the motion. The motion carries 7-0.
Cont: Sam Fonzo Drive/Trask Street - Construct Buildin2 with Associated
Gradin2. Utilities. Parkin2 Area and Stormwater Mana2ement Facilities - C.
Ronald Vitale
Peter Ogren addresses the Commission and explains that a meeting was held with City
officials to discuss the issues of flooding in the area and future development. He reviews
the items that his client agreed to do regarding drainage on the site.
'" Clean brook of debris with an excavator if need be;
'" Cut trees in accordance with FAA regulations;
'" Plant arborvitaes at the toe of the wall;
'" Show a detail of the stack masonry wall;
'" Extend the detention basin and rerun the hydrology calculations;
'" Agree to change the single grate catch basins in the corner of the site to double
catch basins.
Ogren notes that these changes have been made to the plans.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 5 of 12
Lang opens the hearing up to public comment at this time.
Heather Pothier of 57 Trask Road addresses the Commission and asks if noise
conservation has been addressed in this plan. Lang notes that it would be a Planning
Board issue and they will address that during their site plan review process.
Resident of 50 Trask Street addresses the Commission and states that she was under the
impression that they would be required to plant more mature trees and expresses concern
about the proposed arborvitae. Ogren states that arborvitae grows fast and explains that
they will be 3-4 feet tall when planted. Reilly asks if they would be willing to plant taller
trees noting that she planted arborvitae on her property and they have not grown very
quickly. Ogren explains that in his experience they grow fast under the right conditions,
noting that they come in different sizes.
Pam Kampersal of 241 Dodge Street addresses the Commission and refers to a letter from
Maxner to City Planner Tina Cassidy regarding a Superseding Order of Conditions for
the road. She notes that the Army Corp of Engineers prohibits future filling of wetlands
on any site within this roadway layout. Ogren explains that the Order was issued to the
City of Beverly and this property was not included in that. He explains the history of
Sam Fonzo Drive, noting that this project is not proposing to fill any wetland.
Lang states that he does not think that the intent of that restriction was to stop
construction on this site but to prohibit additional filling of wetland resource area in
development of these lots.
Kampersal notes that there is a sliver of City owned land that serves as frontage for Mr.
Vitale's site but he does not think this has been properly released by the City Council.
Renee Mary questions how the Commission can approve something that involves land
that was City owned and never declared surplus by the City Council.
Squibb questions if the sliver of city land makes this a buildable lot and if the City has
not followed through on the process, how this could be considered a buildable lot. Lang
suggests that the Commission close the hearing and if there needs to be further release of
this land the Council can do that. He explains that the Commission is making a decision
on the wetlands issues and other legal issues have to be dealt with by other city
departments.
Pam Kampersal states her concerns about fly ash on the site and questions why they are
not subject to the same conditions that the Vitale site was.
Renee Mary asks how close together the trees will be planted. Ogren states that they will
be four feet on center.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 6 of 12
Cademartori questions if they are planting the area below the wall and bringing in soil.
Ogren states that there is fly ash there now and they plan to dig out and put new soil
down and replant the area.
Cademartori asks if they are capping just inside the walls. Ogren states that they are
capping to insure that people don't dig or come in contact with any material.
Renee Mary asks how far down the fly ash goes. Ogren explains that testing shows that it
goes to bedrock, noting that he does not feel that the fly ash will poison vegetation.
Linda Briggs Of 54 Trask Street addresses the Commission and questions how tall the
arborvitae will be. Ogren estimates that it should be 18-22 feet high when it grows.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Johnson seconds the motion. Squibb and Cademartori abstain.
The motion carries 5-0-2.
Cont: Hillcrest Drive/Beverly Hills Avenue - Anthony Lawrence - Construct Sin2le
Family Home. Roadway. Utilities. Gradin2 and Landscapin2
Maxner reminds the Commission that a site inspection was conducted on Tuesday, July
17, 2007 at which time the Commission requested additional information and suggested
plan revisions. She explains that the applicants engineer has been on vacation and has
not submitted the requested information and recommends that the matter be continued to
the next meeting on August 21, 2007.
Paluzzi moves to continue the public hearing to August 21,2007. Johnson seconds the
motion. The motion carries 7-0.
New: 54.58.60.62 Dunham Road - Utility Installation - John Maestranzi
Maxner reads legal notice.
Bill Manuell addresses the Commission and explains that his client is proposing to extend
the sewer and water service eastward within Dunham Road and behind Maestranzi
Brothers store. He notes that most of the work within the Commission's jurisdiction will
be within the paved street, with the exception of a portion of the sewer pipe and pumping
station. He notes that a very short section of the sewer pipe is within the 25' NDZ and
the pump station is on the very limit of the NDZ. He explains the plans and the location
of the pipe and the pump station.
Manuell explains that the manhole for the pipe is 96' from the resource and there are four
flags in the field. He also notes that they are proposing a new manhole at the tie in to the
existing sewer and explains the location on the plan. He also explains that they will saw
cut the pavement, excavate, install the equipment and back fill the area.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 7 of 12
Manuell notes that the work area will be confined to what can be done in a single day.
Lang suggests that the cover the stockpiles during the day in case of an untimely deluge
of rain. Manuell states that they would fine a condition regarding that.
Lang asks when the work will be done. Manual states that they want to start as soon as
the Music Theater season ends, noting that they hope to do the work in January of
February.
Cademartori asks if there is a catch basin on the opposite side of the street. Manual states
that they have not identified if there is one there or not. He also notes that if there is one
they would protect it with hay bales and would accept a condition regarding that as well.
Cademartori notes that the road curves at the intersection with a change in topography
and suggests that they reconfigure the hay bale line by extending it west.
Lang opens the hearing up for public comment at this time.
Pam Kampersal addresses the Commission and expresses her concern about the
Bordering Vegetated Wetland, and notes that there should be zero degradation to the
wetland. Manuell explains the measures planned to protect the wetlands.
Kampersal also notes that there are vernal pools in the area. Manuell states that they are
aware of the vernal pools but this project will have no impact on them.
Kampersal notes that no Certificate of Compliance has been issued on the landfill site and
questions if additional work can be done on the site without it. Lang states that the
projects are unrelated.
There being no further questions or comments regarding this matter, Hayes moves to
close the public hearing. Paluzzi seconds the motion. The motion carries 7-0.
New: 44 Pickman Road - Rehabilitate Stone Wall- Restore Eroded Bankin2-
Harold Kaplan
Maxner reads legal notice.
David Smith of Vine Associates addresses the Commission and explains that his client is
proposing to repair his seawall damaged by the Nor' Easter this past April as well as
repair the eroding portion of the natural coastal bank. He explains that they propose to
remove the existing broken and damaged cap and re-pour it on top of the wall and
explains the process. He notes that they will be excavating behind the wall and installing
a filter fabric with weep holes to improve the drainage. He also notes that they will be
bringing in additional fill and re-vegetate the eroded coastal bank.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 8 of 12
Smith notes that excavating material will be brought in via the footpath on the west side
of the property and explains the location on the plan. He notes that they plan on using a
small bobcat and pump the cement in from the trucks. Smith also notes that they are
asking for a waiver from the 25' NDZ.
Cademartori asks if they have given any consideration to future storms and suggests that
they consider sloping at the base and create a tiered wall as DEP has been pushing for
lately. Smith states that they will take a look at that but the probable preference is to
replace what exists.
Lang asks if the roadway is in the resource area. Smith states that it is just above the
coastal bank.
Cademartori asks if the second Coastal Bank has been delineated at the upper edge of the
hedge due to the elevation of the floodplain. Smith states he will look at this area.
Cademartori asks if a Chapter 91 License will be required. Smith states he does not think
so as work is above MHW.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
Lang suggests that the Commission hold a site visit. The Commission will visit the site
on August 20, 2007 at 6:30 p.m.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the matter to August 21, 2007. Reilly seconds the motion. The motion carries.
Old / New Business
New: 3 Pil2rim Hei2hts - ReQuest to Trim Trees within the Riverfront Area-
Kevin Churchill
Maxner explains that the applicant is proposing to trim several trees on the property, a
few of which are immediately adjacent to the house and are posing an insurance liability.
She notes that the remaining trees are near the rear of the property and he wishes to
establish a view window to the river. She also notes that some of the trees are in various
stages of deterioration. She also notes that one of the trees is dead.
Lang suggests that they should be allowed to cut down the tree that is dead and trim the
trees around the house.
Paluzzi states that he would like to see a plan for vista pruning. Lang agrees and suggests
that Maxner be on site while the trees are being trimmed to guide what can and cannot be
cut. Members agree.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 9 of 12
5 Holdin2 Street - ReQuest for One Year Extension of Order of Conditions
Orders of Conditions - Victor Capozzi
Maxner informs the Commission that the applicant is requesting a one-year extension of
the order of conditions. She explains that they need to finish the access road and further
notes that she visited the site and it is in compliance.
Lang suggests that the Commission grant the one-year extension but note that this will be
the final extension of the Order.
There being no further questions or comments regarding this matter, Paluzzi moves to
grant a final one-year extension of the Order of Conditions for 5 Holding Street. Hayes
seconds the motion. The motion carries 7-0.
114 Standley Street - Jean Earle
Maxner informs the Commission that the owner is proposing some landscaping activities
within the Buffer Zone to BVW. She explains that the landscaper has submitted a
proposal and she is unsure if it should be an RDA or an NO!. Members discuss the
project and inquire if work is within the 25' NDZ. Maxner states yes, there will be
planting of wetland plants and tilling and re-seeding the lawn.
Commission members agree that the applicant must submit a Notice of Intent.
35 Crescent Avenue - Construction of Float
Maxner informs the Commission that she received a call from an abutter to 35 Crescent
Avenue who reported that the owner is building a new float, apparently to replace the
existing dilapidated float.
The Commission advises Maxner to write a letter to the owner advising him that he must
file with the Commission and the DEP for Chapter 91 if the new float is not the same
exact size and dimension as the old.
62 South Terrace. DEP File #5-894 - Potential Non-Compliance with Order
Maxner reports that she has been out to 62 South Terrace in response to an abutter's
complaint that her bank has eroded significantly since the owner started doing work on
the site. She explains that she noticed a potential violation when she visited the site
regarding a poured concrete patio beyond the footprint of the approved foundation. She
notes that the Commission denied any further structures beyond the house foundation.
She also explains that she has before and after photos of the site and is having a hard time
discerning the difference in the erosion patterns.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 10 of 12
Hayes moves that the Commission issue an enforcement letter to the owner directing him
to appear at the August 21 8t meeting and provide an interim plot plan, certified by a
Professional Engineer or Land Surveyor depicting the house foundation and any
appurtenant structures attached thereto as they exist currently. Paluzzi states he would
like additional information relative to the proposed natural stone rip-rap at the toe of
slope and on the undercut bank.
Johnson seconds the motion. The motion carries 7-0.
Approval of Minutes
The minutes of the executive session held on May 22, 2007 were presented for approval.
Paluzzi moves approval as amended. Johnson seconds the motion. Hayes, Cademartori
and Squibb abstain. The motion carries 4-0-3.
The minutes of the regular meeting of May 22,2007 were presented for approval.
Paluzzi moves approval as amended. Johnson seconds the motion. Cademartori and
Squibb abstain. The motion carries 5-0-2.
The minutes of the meeting of June 19, 2007 were presented for approval.
Johnson moves approval as amended. Paluzzi seconds the motion. The motion carries 7-
O.
Orders of Conditions
Sam Fonzo Drive/Trask Street - Construct Buildin2: with Associated Gradin2:.
Utilities. Parkin2: Area and Stormwater Mana2:ement Facilities - C Ronald Vitale
Paluzzi suggests standard conditions as well as special conditions.
Discussion ensues regarding the following special conditions:
1. All revisions detailed in the letter signed by Peter 1. Ogren, dated July 26, 2007 are
incorporated herein and shall be made a part of the approved Order of Conditions.
2. Prior to any work commencing on the subject site, the applicant shall perform work
related to brook-cleaning activities as cited in the July 26, 2007 letter.
3. The applicant shall install the tallest specie of Arborvitaes bushes and they shall be at
least 5 feet tall at the time of planting.
4. The applicant shall install 20 Red Maple trees of at least 2-inch caliper at 20-foot
centers within the 25-Foot No Disturbance Zone; installation of these trees shall be
prior to the construction of the vertical retaining wall.
5. Up to 2 feet of clean loam shall be allowed within the 25-Foot No Disturbance Zone
for plant propagation.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 11 of 12
6. The edge of clean loam fill within the 25-Foot No Disturbance Zone shall reach a
gentle grade at its terminus and shall terminate no closer than 5 feet from the wetland
edge.
7. The entire 25-Foot No Disturbance Zone shall be broadcast with a conservation grade
wetland seed mix applied per the manufacturers recommendations.
Paluzzi moves to issue standard conditions with special conditions as just discussed.
Johnson seconds the motion. Cademartori and Squibb abstain. The motion carries 5-02.
54.58.60.62 Dunham Road - Utility Installation - John Maestranzi
Paluzzi suggests standard conditions for the project with special conditions as follows:
1. Hay bales and silt fencing located at the E-Series Wetland shall be extended
approximately 60 feet to the west up to contour elevation 78 to ensure proper
protection of the wetland.
2. Any excavated material to be stockpiled shall be protected with erosion control.
3. Contractor shall be mindful of the weather forecast and shall take appropriate
precautions to avoid unnecessary dewatering and to protect the wetland from
sedimentation or cease work until weather allows work in drier conditions.
Johnson moves to approve the Conditions as discussed. Hayes seconds the motion. The
motion carries 7-0.
Approval of Expenses
The Commission considered the following expenses for approval:
$920.00 to George Hall for latest invoice for his ongoing counsel regarding the Manor
Homes at Whitehall litigation.
Johnson moves to approve payment of $920.00 to George Hall for latest invoice.
Paluzzi seconds the motion. The motion carries 7-0.
Purchase of updated MACC Handbooks
Maxner informs the Commission that the MACC Handbook has copy rights and cannot
be duplicated. She notes that the Commission would have to purchase them from the
MACC.
Paluzzi moves to instruct Maxner to purchase 7 copes of the MACC Handbook for the
use by the Commission members. Johnson seconds the motion. The motion carries 7-0.
Beverly Conservation Commission
Meeting Minutes - July 31, 2007
Page 12 of 12
Adjournment
Lang states that the Commission will be recessing into executive session after adjourning
the regular meeting and not returning to regular session.
There being no further business to come before the Commission this evening, Johnson
moves to adjourn the regular meeting. Cademartori seconds the motion. The motion
carries 7-0.
The regular meeting adjourns at 9:30 p.m.
Hayes excuses himself from the meeting and leaves for the evening.