2007-08-21
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
August 21,2007
Conservation Commission
Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary
Reilly, Tony Paluzzi, and Bill Squibb
Members Absent:
Gregg Cademartori
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco - By Tape
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
John Dick, Hancock Associates, states that the applicant will have the material requested
by the Commission submitted in time for the September 11, 2007 meeting.
Paluzzi moves to continue this item to the September 11th meeting. Seconded by Squibb.
Motion carries 6-0.
Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas
Maxner states that she has conducted a final site inspection and has taken photos of the
site for members to review. She states that the applicant has met with the Commission's
requirements. She states that she explained to Ms. Kalivas while on site that the planted
area within the first 5-6 feet of the fence should be left as natural as possible to encourage
growth of under story and other indigenous herbaceous plants.
There being no further questions or comments, Johnson moves to issue a Certificate of
Compliance with Standard Perpetual Conditions #42-44 & 49. Seconded by Paluzzi.
The motion carries 6-0.
245 Dod2e Street - DEP File #5-801 and DEP File # 5-836 - Henry and Donna
Bertolon
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 2 of 12
Maxner noted that the applicant proposed to install additional plantings in the NDZ and
she has yet to hear from the applicant in that regard and suggests that the Commission
continue the matter to the next meeting.
Paluzzi moves to continue the matter to September 11, 2007. Hayes seconds the motion.
The motion carries 6-0.
New: 36 Cliff Street - DEP File # 5-853 - Richard Ga2ne
Maxner notes that the Commission issued an Order of Conditions for two pilings and a
float at 36 Cliff Street. She notes that she visited the site today and that everything has
been installed per the plan except for one of the terminal floats. She explains that Mr.
Gagne has not installed it yet but has approval from Chapter 91 for it. She also notes that
all other conditions have been met.
Gagne states that he plans on installing the final float once he is able to do so financially.
Paluzzi moves to issue a Certificate of Compliance. Johnson seconds the motion. The
motion carries 6-0.
ReQuest for Determination
Cont: 68 Paine Avenue - Cut and Maintain Nuisance Ve2etation - Chris Velonis
Chris Ve10nis addresses the Commission and explains that he requested permission to cut
phragmite on his property. He notes that the Commission visited the site yesterday and
noted that Dr. Johnson requested more detail maps as the result of the site visit. He
distributed copies to the members and explains the details of the maps to the
Commission. He explains that during storm surges the area retains a lot of water and
notes the area on the plan.
He also notes that Mr. Lang requested borings be done and he did that and found beach
sand two feet down with a layer of organic material and about 1 foot of fill on top of the
sand.
Lang asks if they would characterize the soils as wetland soils. John Dick states that he
would not as this area is tidally influenced and there is a good 12 to 18 inches offill that
was brought in through the years. He goes on to explain that control of this nuisance
vegetation is exempt from the Regualtions.
Maxner asks if the area gets enough salt water to retard the growth of the phragmite.
Dick states that the tidal flushing does not happen frequently or last long enough to effect
the grown of the phragmite.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 3 of 12
Reilly asks about the management and disposal of the phragmites. Ve10nis explains he
can burn the material on site in a incinerator but was not sure if the Commission would
approve of that. Reilly states that she would rather the material be handled on site by
burning and not allow it to be taken off site.
Squibb asks if the phragmites are only on his property. Ve10nis explains that they grow
from his property to Dr. Seamans property but he will only be cutting what is on his own
property.
Lang states that he does not have a problem cutting the phragmites down in the hopes that
it will result in a come back of wetlands vegetation, but wants to condition the project so
that actual existing wetlands are not impacted. Ve10nis states that he plans on asking for
inspections by the Commission and John Dick to make sure that actual wetland is not
impacted as his project progresses.
Maxner asks if phragmites is listed as a wetland indicator. John Dick states that it is.
Johnson states that it is an impressive strand of ph rag mites and states that he is inclined to
grant the applicant's request with the condition that the Commission go back next year
and visit the site to see the outcome.
Lang states he is hesitant to allow this under an RDA and thinks an NOI is much more
appropriate for this type of work.
Dick explains that there are two or three projects going on relating to this up on Plum
Island and explains what they are doing. He volunteers to monitor this site in the spring
and in the fall to see how this goes.
Lang asks if Plum Island is burning the roots. Dick explains the process they are using.
Lang notes that he has been involved in projects where they try to burn the roots in the
winter and they have had some success.
Johnson recalls that the Commission has allowed similar work on another site. Lang
agreed and noted that it was done in a Notice ofIntent and questions if this should be an
NOI rather than a Request for Determination. He also states that he thinks this will have
a lot of benefit but the Commission would be able to monitor it. Maxner suggests that the
Commission could issue a Positive # 3 Determination.
There being no further questions or comments regarding this matter, Johnson moves to
issue a Positive Determination # 3. Paluzzi seconds the motion. Hayes abstains. The
motion carries 5-0-1.
New: 39 Albany Circle - Construct In Ground Pool - Mitchell Cou2hlin
Maxner reads legal notice.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 4 of 12
Mr. Coughlin addresses the Commission and explains that he is proposing to install an in-
ground pool on the side of his property. He notes that there is a rock wall on the back of
his property that is coincident with an intermittent stream as determined by Ms. Maxner.
Maxner notes that his rear yard is fairly flat and the pitch is away from the brook. She
notes that she does not think that containment of the excavated soil will be much of a
problem.
Lang notes that it looks like the pool will be 10 or 15 feet into the buffer zone.
Coughlin states that it is as far away from the brook as possible, and notes that they
deliberated on the positioning of the pool relative to conservation commission
requirements to avoid a Notice of Intent.
Maxner also notes that they meet all of the zoning setback requirements.
Lang opens for public comment at this time. There is no one present who wishes to
comment on this matter.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Negative Determination # 3. Johnson seconds the motion. The motion carries 6-
O.
New: 22 Upland Road - Install Above Ground Pool- Kristina Sholds
Maxner reads legal notice.
Ms. Sholds addresses the Commission and explains that she is proposing to install an
above ground pool and notes the location on the plans.
Maxner notes that it is entirely lawn in the back of the property and this project would not
require any removal of vegetation on site. She also notes that she explained to the
applicant that the pool is not to be drained within two weeks of chlorination and must be
directed as sheet flow over the yard for infiltration, not direct discharge to the wetland.
Lang opens for public comment at this time. There is no one present who wishes to
comment on this matter.
There being no further questions or comments regarding this matter, Johnson moves to
issue a Negative Determination # 3. Paluzzi seconds the motion. The motion carries 6-0.
Recess for Public Hearin2s
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 5 of 12
Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion.
The motion carries 6-0.
Cont: Hillcrest RoadlBeverly Hills Avenue - Anthony Lawrence - Construct Sin2le
Family Home. Roadway. Utilities. Gradin2 and Landscapin2
Maxner explains that the Commission received a request from the applicant's attorney
that the matter be continued to the September 11, 2007 meeting. She notes that the
revised plans have not been delivered and she expects them next week.
Paluzzi moves to continue to September 11, 2007. Hayes seconds the motion. The
motion carries 6-0.
Cont: 44 Pickman Road - Rehabilitate Stone Wall- Restore Eroded Bankin2-
Harold Kaplan
David Smith of Vine Associates addresses the Commission and explains the proposed
work and notes the Commission held a site inspection recently.
Lang notes that there seems to be quite a bit of erosion from previous storms and
requested that they use something a little more durable to prevent erosion on the natural
bank. Smith explains that they intend to use UMASS bank planting protocol in addition
to a geotextile fabric to help further prevent erosion.
Maxner asks if they will have more shrubs than planted lawn in this area. Smith states
yes.
Maxner asks if they looked at the possibility of a second coastal bank on the site. Smith
stated that they did not. Maxner explains that there is a 100-year floodplain that is up
slope. She notes that his second coastal bank probably won't effect the project but thinks
it is important for the Commission to correctly determine all resources on site.
Lang states that the Commission could condition that a revised plan be submitted
showing the second coastal bank before work starts.
Lang asks if the work will be done from the land-side. Smith states that it will.
Maxner asks if they need a Chapter 91 License for this. Smith states he does not believe
they do as work is above MHW and he could not find a current license but planned on
talking to Dave Slagel at DEP about this.
Hayes asks how long the project will take to complete. Smith estimates around 2 months
from start to finish, but final stabilization of the natural eroded bank may have to wait till
spnng.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 6 of 12
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on this matter.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the hearing. Hayes seconds the motion. The motion carries 6-0.
Cont: 101 West Street - DEP File # 5-943 - Construct Sin2le Family
Home/Detached Gara2e - West Street Realty Trust
Bob Griffin addresses the Commission and explains the location of the proposed house
and the driveway on the plan. He noted that some abutters contend that the lot is not
buildable for zoning reasons but the City Solicitor has rendered an opinion that it is
buildable so the Commission can issue a decision at their convenience. He explains that
the proposed house will be built on piles so there will be no changes to the flood zones.
He reviews the elevations and the flood zones.
Griffin states that they may revisit the issue of changing the flood zones with FEMA at a
later time, but have decided to table this request to FEMA at this point and move forward
with the plan as present flood zones are depicted.
Paluzzi asks how they will install the piles. Griffin stated that they have not determined
that yet but they will most likely be driven.
Lang asks to have the construction of the garage explained. Griffin states that the garage
is within an AO zone, which are areas of still floodwater and the garage will have
openings that allow water to flow in and out of the garage.
Lang asks Maxner if there is any more feedback from the City Solicitor. Maxner states
that there has been nothing since his letter stating that there are no zoning issues.
Lang opens the hearing up for public comment at this time.
Richard Harrison, direct abutter, addresses the Commission and states that he is
concerned about flooding and shows the Commission pictures of flooding in the area
from various storm events, including the Mother's Day Storm of2006. He reviews the
area and notes the areas that flood during major storm events. He reminds the
Commission that his septic system which current services his house is located on the
subject property and he is in litigation with Landmark over this issue.
Squibb asks how much filling is there going to be on site. Griffin reviews the plans and
the elevations and notes the locations where there will be filling and the proposed grades,
mostly a gentle grade at the rear of the house tapering at the 25' NDZ. He notes that
there are very little proposed changes to grades on site. He also noted that there was an
affidavit from the Headmaster of the Landmark School regarding flooding on the
property claiming that there was no flooding during the Mothers Day Storm of2006.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 7 of 12
Lang asks if they calculated any compensatory storage for Chubbs Brook. Griffin states
that they did not as the areas of flooding are land subject to coastal storm flowage, which
does not require compensatory flood storage.
Hayes asks about the proposed fence beyond the beach noting that he wasn't sure this
should be approved. Griffin states the fence is to allow the replanted beach grass get
established so people won't trample it.
Harrison notes that the West Beach Corporation owns a Right of Way and expressed
concern about the access to that and the location of the house.
Lang asks if they have materials in mind for the driveway. Griffin states that it is
bituminous concrete with a small porous paver area at the entrance.
Johnson states that he feels that the Commission has thoroughly discussed the
conservation issues and should be ready to close the public hearing.
Squibb asks if they would be back to make changes as the result of the lawsuit that is
pending. Lang notes that the lawsuit does not have anything to do with this approval. He
notes that if there are any changes that have to be made in the future they will have to
come back to the Commission to revise the plans.
There being no further questions or comments regarding this matter, Johnson moves to
close the public hearing. Paluzzi seconds the motion. Reilly and Lang abstain. The
motion carries 4-0-2.
New: 9 Cole Street - Retainin2 Wall. Porch. Deck Construction. Driveway
Re2radin2 - Adriano Tau2ino
Maxner reads the legal notice.
Bob Griffin, Griffin Engineering, addresses the Commission and notes that Mr. Taugino
owns a small lot at 9 Cole Street and explains the plans and the size of the lot. He notes
that there is a stream about 500 feet away but the associated Bordering Vegetated
Wetland is in close proximity to the rear lot line, and the house is probably 30 or 40 years
old. He notes that Mr. Taugino is a mason and is the process of putting some walls along
his property and found out that he needs approval from the Commission. Griffin details
the plan and the proposed improvements.
Griffin explains that they are proposing to install a drywell and catch basin to compensate
the impervious surfaces.
Lang clarifies that the cobblestone driveway will increase the imperviousness. Griffin
agrees and explains the location.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 8 of 12
Lang asks Maxner if she has been out there. She states that she has not been out there
lately. Maxner notes the location of the new catch basin and asks if the direct flow will
go into a planting bed. Griffin states it will and explains the drainage plans and the
direction of the drainage.
Maxner asks if there is a change in grade of the driveway on the east side of the house.
Griffin explains the grade will be lifted a little and explains the plans.
Lang asks what the elevation of the neighbor's lawn is. Griffin states that they are
essentially level with each other.
Lang suggests that the Commission visit the site.
Paluzzi asks how long the vegetable garden has been there. Griffin notes that it has been
there for at least a summer or two.
Lang opens the hearing to public comment.
Brian Deely the direct abutter at 11 Cole Street, notes that the wall is finished and it is
already affecting the drainage pattern on the street and on his property. He notes that
there was one big driveway that they shared and stormwater just sheet flowed over it
evenly. But now the new wall is diverting the water and causing erosion of his lawn and
property. He shows photos of before and after for Commission members to review.
Griffin stated that he would like to take a closer look at the concerns of the neighbors at a
site visit.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to September 11, 2007, pending a site inspection scheduled
for September 10, 2007 at 6:30 p.m.. Johnson seconds the motion. The motion carries 6-
O.
New: 114 Standley Street - Landscapin2 Improvements. Retainin2 Wall and Fence
- Jeanne & Randy Earle
Maxner reads the legal notice.
Mrs. Earle addresses the Commission and explains that they are proposing to install a
retaining wall and fence and do some landscaping improvements to the yard and front
walkways leading to the house. She reviews the areas on the plan and states that they
plan to till the lawn and reseed it and install a fence on the side property boundaries.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 9 of 12
Maxner notes that they have an existing vegetable garden. Earle explains the location
and notes that she did not plant it this year, but notes that she would like to raise elevation
of it a little and install new retaining cedar posts.
Lang asks what the total amount of fill would be. Earle states that she is not sure at this
point.
Maxner provides photos of the site for Commission members to review.
Lang states that the Commission wants to be sure of the direction of the stormwater and
runoff flow, to be sure that it is not directed toward the neighbor.
Hayes asks how close they come to the NDZ. Maxner states that the new retaining wall
will be flush with the existing deck and rear of house, which is exactly 25 feet from the
wetland. She notes that the first 10 feet or so from the wetland will be planted with
native wetland tolerant shrubs.
Lang suggests that they talk to the botanist and choose some wetlands species to plant in
the area. Maxner notes that she has had good experience with their landscaper and is sure
she can work with them in this regard.
Lang opens the hearing up for public comment at this time. There were no questions or
comments regarding this matter.
There being no further questions or comments regarding this matter, Johnson moves to
close the public hearing. Paluzzi seconds the motion. The motion carries 6-0.
Old / New Business
Open Space and Recreation Plan
Maxner explains that the Draft Open Space and Recreation Plan is ready for review and
the Open Space Committee will be happy to come to the next meeting to make a formal
presentation. She also noted that the endorsement of the Commission is necessary to get
the plan approved by the State. She notes that that plan is online in its entirety and can be
reviewed by the public.
Hayes states that he thinks that it is a great plan and wondered if the land that the
Commission is getting in exchange for the Vitale site is included in the plan. Maxner
noted that it is not a done deal yet but anything that is not city owned is listed as priority
for Commission acquisition.
Hayes suggested that there should be a list of all of the property that is under the control
of the Commission and copies provided to the Commission. He also suggests that the
Commission take more of a role in managing and monitoring the properties and wonders
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 10 of 12
if the Commission could incorporate visits to some properties during their regulatory site
inspection days. Maxner states that she will get that information for all of the members
to have.
Lang suggests that the Committee make a presentation at the meeting of October 2, 2007
so that all members can be present. Members agree.
480-486 Rantoul Street - Wetlands Violations (former Friendly's site)
Maxner explains that the property at 480-486 Rantoul Street (former Friendly's site) is
now before the DRB for their approvals and is on for the September 18th Planning Board
agenda. She notes that Kelleher Construction has clear cut the site completely without
any Commission approvals. She states that she was completely unaware of this and
apparently the cutting took place around July 31 st.
Lang suggests that they do a restoration and planting plan and re-delineate the wetland
and put the flags back on the site. Lang states that he wants a plan so the Commission
knows what they are going to do.
Lang states that he wants substantial restoration noting that the plants should come close
to what they took down. He also notes that he wants the NDZ demarcated and restored as
well. He suggests that they include trees that would come close to the caliper that was
cut down. Lang also suggests that an orange snow fence be installed. Hayes agrees and
states that an Enforcement Order should be issued with a deadline for submitting the plan
and for when the plants should be installed. Discussion ensues regarding deadlines and
requirements.
Paluzzi moves to issue an Enforcement Order requiring the following:
'" Work shall cease within the wetland and the associated 100-Foot Buffer Zone;
'" The wetland shall be re-delineated in the field as depicted on the plans entitled
"Plan to Accompany Notice ofIntent in Beverly, MA #480-486 Rantoul
Street", dated 11-13-06, submitted with the Request for Determination of
Applicability;
'" Orange snow fencing shall be installed in the field at the limit of the
associated 25-Foot No Disturbance Zone and the limit of the 100-Foot Buffer
Zone shall be clearly staked;
'" A restoration plan, prepared by a professional wetland scientist, shall be
submitted which completely restores the wetland with native wetland trees,
shrubs and herbaceous plants; proposed tree specimens shall be of the largest
caliper possible to mimic that which were cut from within the wetland;
'" Restoration of the wetland shall be completed no later than October 31, 2007
for inspection by the Commission and/or its Agent.
Hayes seconds the motion. The motion carries 6-0.
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 11 of 12
Orders of Conditions
44 Pickman Road
Discussion ensues regarding potential conditions for the project.
Paluzzi moves to issue Standard Conditions and the following Special Conditions:
1. Prior to construction, a revised plan delineating the second Coastal Bank above
the 1 00- Year Floodplain shall be submitted to the Conservation Commission for
its files.
2. All debris shall be removed from the coastal bank (cut stumps, grass clippings
etc.. .).
3. Geotextile fabric, a variety that will withstand erosive wave action, shall be
installed on the portion of Coastal Bank to be loamed and re-planted.
4. Work shall be accomplished from the land-side of the property as proposed in the
Notice ofIntent; should work from a barge be proposed, a work sequence and
request for an Amended Order of Conditions shall be submitted to the
Commission for its consideration.
Hayes seconds the motion. The motion carries 6-0.
101 West Street
Johnson moves to issue Standard Conditions and the following Special Conditions:
1. Asphalt shall not be used in the construction of the driveway; rather it shall be
constructed of crushed stone/gravel to maintain a pervious surface.
2. As discussed during the August 21,2007 public hearing, crushed stone shall be
placed underneath the entire footprint of the house.
3. As discussed at the August 21, 2007 public hearing, the pool patio shall be
pitched toward the underneath of the house to encourage drainage into the crushed
stone.
Paluzzi seconds the motion. Lang and Reilly abstain. The motion carries 4-0-2.
114 Standley Street
Discussion ensues regarding potential conditions for the project.
Paluzzi moves to issue Standard Conditions and the following Special Conditions:
1. Proposed plantings at wetland edge shall consist of native Facultative Wetland
(FacWet) plant species. (Facultative Wetland plants are those species of plants
that usually occur in wetlands 67-99% of the time.)
Beverly Conservation Commission
Meeting Minutes - August 21, 2007
Page 12 of 12
2. Existing drainage patterns shall not be altered and proposed grading shall not
result in any new or increased runoff to neighboring properties.
Johnson seconds the motion. The motion carries 6-0.
Re2ulation Subcommittee
Maxner asks if the Sub-Committee thinks that they need to meet again. She will review
and make track changes and suggestions and get the draft to the Commission members as
soon as she can find time to work on all the suggested amendments.
Adjournment
There being no further business to come before the Commission this evening, Johnson
moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 6-0.
The meeting adjourns at 10:00 p.m.