2007-10-23
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
October 23,2007
Conservation Commission
Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary
Reilly, Tony Paluzzi, Gregg Cademartori
Members Absent:
Bill Squibb
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang called the meeting to order at 7:00 p.m. at G.A.R. Hall, 8 Dane Street, Beverly,
MA.
Maxner informs those present that the Commission will be taking the agenda out of order
this evening as there is a Zoning Board of Appeal meeting as well tonight and one of the
consultants needs to be at that meeting as well.
Certificate of Compliance
Continuation: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden
John Dick addresses the Commission and notes that they have submitted more supporting
information. He explains that they looked at the area around the swimming pool and
notes that they have calculated 1,700 cubic feet of compensatory flood storage for 218 c.f
of fill and 700 c.f. over what was proposed. He also noted that the other consideration
was that the buffer plantings have been installed consisting of a few small hemlocks that
are showing signs of vigor.
Dick also notes that there was a concern about drainage catch basin in the middle of the
yard. He explains that there is an old tile drain system and he finds no evidence of a pipe
that discharges to the stream. He explains that he went out there and feels that it is
leeching to groundwater in the middle of the lawn rather than carrying drainage to the
stream.
Dr. Johnson asks what the likelihood is of the hemlocks surviving the wooly adelgid.
Dick notes that usually large contiguous stands of hemlocks are more likely to be infested
with the adelgid and these individual specimens are probably safe.
Maxner notes that the only other deviation of the plan was a short stonewall was built at
the edge of the resource area within the 25-Foot No Disturbance Zone. She notes that it
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Meeting Minutes - October 23,2007
Page 2 of 11
has no mortar and is porous to allow floodwater to pass, but it was not part of the plan.
She notes that it nicely delineates the edge of the wetland and in the long term it might do
some good. Dick explains the size of the wall and notes that it is categorically exempt
from the regulations. Cademartori clarifies that if it is the edge of the BVW line.
Maxner corrects herself stating that it is located at the edge of mown lawn not at the very
edge of wetland.
Hayes states that it is probably a very minor project, but he wished that the applicant had
been smart enough to come to the Commission with it. Members instruct Maxner to
send a letter to the owner noting that they should always ask the Commission before
doing any work on the property even if the project seems minor in nature.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Certificate of Compliance for 23 Oak Street, with perpetual conditions # 40-43.
Hayes seconds the motion. The motion carries 6-0.
o Hickery Lane - DEP File #5-896 - Cecil Blair/Jeffery Kru2man
John Dick addresses the Commission and explains that this project involved the
construction of a new single-family house and buffer zone enhancement plantings. He
notes that the plantings are successful with the exception of invasive Japanese knotweed
moving in. He notes that Maxner found some deficiencies with site conditions but they
corrected them. He further notes that a drain pipe was installed within the buffer and
discharging to the wetland, which at first they mistakenly thought that there was a sump
pump on the site but found it to be perimeter foundation drain which he has secured by
putting a big rock and some crushed stone around it to absorb any energy. He believes if
the system was ever to drain from the foundation it be such that that the pipe itself will be
submerged in groundwater due to universal high groundwater levels.
Lang asks Maxner if the knotweed is under control. Maxner states that it is not. Lang
suggests that the new owners be given permission to manually remove this from the
planting zone. Members agree and direct Maxner to write a letter to that effect, providing
that no herbicides are used, but manual removal would not need any additional permits
from the Commission.
Dick states that the Certificate should be issue to Mr. Jeffrey Krugman.
There being no further questions or comments, Hayes moves to issue a Certificate of
Compliance for 0 Hickery Lane, with perpetual conditions # 41-44. Paluzzi seconds the
motion. The motion carries 6-0.
Cont: 245 Dod2e Street - DEP File # 5-801 & 5-836 - Henry and Donna Bertolon
Bob Griffin addresses the Commission and explains the history of the project. He
explains that he and Maxner conducted a final site inspection of the NDZ plantings and
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Meeting Minutes - October 23,2007
Page 3 of 11
the planting plan was followed and specimens look healthy. Maxner states that this is a
very naturalized planting scheme and is a good example of how restoration plans should
be designed.
There being no further questions or comments, Paluzzi moves to issue a Certificate of
Compliance for 245 Dodge Street, for both Orders of Conditions DEP File #5-801 and
#5-836 with perpetual conditions # 45-49. Hayes seconds the motion. The motion
carries 6-0.
14 Bav View Avenue - DEP File # 5-944 - ReQuest to Modifv Order of Conditions-
Robert Hubbard
Bob Griffin addresses the Commission and explains that they are proposing changes to
the pool terrace, grading adjacent to the pool and house and installation of filtration
trenches along the retaining wall. He notes that when the Order was issued the
Commission added special condition #2 requiring porous pavers for the pool terrace. He
notes that the owners are requesting that the pool deck be constructed with concrete for
safety reasons but that about 1Iz of the outer edge of the pool will be a grassy lawn area as
opposed to hard surface. This would decrease the impervious surface from 1,400 s.f.
down to 800 s.f. He explains that they are proposing two infiltration trenches to capture
water and tie them together with the drywell that was previously on the plan.
Griffin also states that they are proposing other minor changes associated with the pool.
He also notes that there is a propane tank on the other side of the house well outside of
the buffer zone that was not on the original plan.
Lang asks if there are any questions from members.
Hayes states that his only concern would be in the long term if the house is sold they may
want to put concrete along the other side of the pool. He suggests that the Commission
could condition that the area not be touched noting a letter accompanying the Order could
explain why the Commission wanted the area left pervious. Griffin suggests a letter to
future owners letting them know it is a resource area with Commission jurisdiction. Lang
agrees and notes that if it is on the deed that would be sufficient.
Maxner notes that the erosion control barrier is not in the specified location on the plan
and recommends that the Commission condition this modification requiring that it be
moved to the approved location and that the errant soil be removed as well.
There being no further question or comments, Paluzzi moved to issue a minor
modification for 14 Bay View Avenue with the following Special Conditions:
1. Prior to any further work on the pool, the soil deposited between the pool and
erosion control line shall be removed immediately and the hay bales and silt
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Meeting Minutes - October 23,2007
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fencing shall be moved and installed along the limit of the 25-Foot No
Disturbance Zone as per the original approved plan.
2. By way of written notification, the subsequent owners of this property shall be
made aware of the Order, this Modification and that the pool patio terrace shall
not be increased in size over what is approved herein.
Cademartori seconds the motion. The motion carries 6-0.
Recess for Public Hearin2s
Paluzzi moves to recess for public hearings. Reilly seconds the motion. The motion
carries 6-0.
New: 7 Melvin Avenue - Raze and Construct a Sin2le Family House. Driveway.
Utilities. and Landscapin2 - Owen Mysliwy
Maxner reads legal notice.
Bob Griffin addresses the Commission and explains that his client proposes to demolish
an existing house and reconstruct a slightly larger single-family house with a garage and
breezeway. He explains the footprint of the house and notes that they are not sure if they
can save the foundation so for the purpose of this filing they are including it. He notes
the location and explains the MHW line and associated Riverfront Area and adjoining
resource areas, and notes that there is a small piece of coastal bank on the property and it
is noted on the plan. He also notes that there is no coastal bank on the northern side of
the property.
Griffin reviews the elevations of the site and notes that they will be raising the basement
floor above floodplain ( A Zone at elevation 10). He explains that there are a number of
impervious surfaces on the site and notes that they will be removed as part of the
construction. He notes that they are not proposing any grading changes with this project
other than immediately adjacent to the garage. Griffin explains that they are proposing a
deck on the back of the house. He states that a number of plantings were included them
on the plan as well to provide some mitigation.
Paluzzi asks for clarification of the 25 foot NDZ on the plan. Griffin explains the area on
the plan.
Reilly asks to have the parking area located on the plan. Griffin explains the plan and
that they are proposing pervious pavers for the driveway to increase infiltration.
Lang suggests that the Commission schedule a site visit.
Maxner asks if the property toward the marsh is owned by the City of Beverly. Griffin
notes the location and states that he believes it is privately owned.
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Meeting Minutes - October 23,2007
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Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on this matter.
Maxner asks if this project is on the ZBA agenda this evening. Griffin explains that it
requires a finding from the ZBA but they have not filed for it yet and they will do so in
the next week or two.
Maxner suggests that the Commission visit the site on Saturday, November 3,2007 at
8:30 a.m. so that if there are any suggested changes the applicant will have time to
consider them before the next meeting.
There being no further questions or comments Paluzzi moves to continue the public
hearing to November 13, 2007 with a site inspection scheduled for Saturday, November
13th. Hayes seconds the motion. The motion carries 6-0.
ReQuest for Determination
New: 79 Conant Street - Construct Addition over Existin2 Gara2e - Mark Pietrini
Maxner reads legal notice.
Mr. Pietrini addresses the Commission and explains that he wants to put a second floor
on his existing garage. He explains that he has to dig down three feet to put piles where
each corner is. He explains the process and the location of the foundation. He notes that
the second floor will be exactly the same size as the existing garage footprint.
Lang asks if the excavated material will be stockpiled. Pietrini explains that the material
will be backfilled and if there is some left over he will use in his planting beds next to the
house.
Maxner asks if they plan to do anything with the remaining part of the patio. Pietrini
states that he will probably grass that in.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Negative # 2 Determination. Hayes seconds the motion. The motion carries 6-0.
Public Hearin2s Continued:
Cont: Various Streets - Draina2e Improvements Throu2hout the North Beverly
Brook Draina2e Area - City of Beverly
Maxner reads a Certification of Evidence Review into the record from Ian Hayes.
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Meeting Minutes - October 23,2007
Page 6 of 11
Sam Bade, CDM Engineer, addresses the Commission and explains that the Commission
held a site visit this past Saturday. He notes that there were questions about the project
and he has provided a report to the Commission that addresses those questions.
Bade states that since the last hearing there has been a major change in the drainage pipe
plan at the Cummings Center to accommodate campus traffic. He explains the dredging
is Shoe Pond has now been eliminated and there will be no new outlet to the pond.
Lang asks if they have done any calculations of this new flow to the pond. Bade states
that they did some calculations and explains them.
Maxner asks if the work for the connection is out of the buffer zone. Bade confirms that
it is out of the 100 foot buffer zone. Maxner asks him to explain the location of the new
pipe and the new flow.
Maxner asks if the revised plans have been sent to DEP yet. Bade states that they are
sending them.
Lang suggests that the Commission continue the matter until the revised plans are
submitted and comments are received from DEP.
Cademartori notes that he is concerned that there is no information regarding
maintenance of the new relief pipe. He notes that he is concerned that they are installing
a system that is essentially a new source of sediment if the O&M plan for the City's
drainage systems remains the same.
Roland Adams states that they are doing a better job of not letting materials into the
storm drains.
Maxner states that it seems the street sweeping has increased on Cabot Street but she is
not aware that is the case city-wide. Adams notes that a significant amount of material is
being removed by street sweeping and is now being documented. He states that they
have changed the formula for the sanding and they have significantly decreased the
amount of sand used.
Maxner notes that the O&M plan mentioned in the Stormwater Management from
mentions that it is in accordance with the city's current Operation and Maintenance Plan
and asks if this is referring to the Phase II NPDES Permit with the EPA. Adams states
that he is not sure if that is the case and asks Bade to verify. Bade states that he will look
into this.
Cademartori notes that the Commission talked about the need for potential bank
stabilization within the brook once sediment is removed. Magdalena Lofsted, wetland
scientist CDM, notes that they were talking about a more gradual slope.
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Meeting Minutes - October 23,2007
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Maxner asks about the treatment of the Tozier Road outlet and asks if there will be stone
rip-rap and what size it will be. Lofsted states yes and the size should be noted on the
plan.
Lang opens the hearing up to public comment at this time.
Jean Martin of 40 Lexington Drive addresses the Commission and notes that at the initial
meeting her property was not listed on the plan. She also submitted a letter suggesting
conditions for the project. She noted that she is concerned about damage to trees and
plantings on her property during the construction.
Lang notes that a letter was submitted by Glen Mauk, P.E. on behalf ofMr. McDonald
who lives on 7 Kinsman. Lang states the letter noted several missing pieces of
information on the plan and refers this to CDM to evaluate.
Joan Murphy of 32 Longmeadow Road addresses the Commission asks if anyone check
to see if the stream is flowing freely at Access Road and behind her house, noting that
there is an increasing problem with water stagnating at certain points near 128 and she
feels it is critical because there area more sump pumps and more flooding in the area.
She states that she feels that it really needs some investigation because it is unhealthy and
it will get worse.
Murphy also notes that no one ever knows when the City is going to sweep the streets so
that people can move their cars. She also asks if they area going to reconstruct the wall
near the outlet at Cabot Street side of the Cummings Center. Bade explains he does not
think it requires an overhaul at this point. He noted that they would be cleaning the
channel in that area.
Jean Martin noted that there is an area near Shore country Day School that should be
cleaned as dumping in or near the wetlands has gone on in the past few years. Paluzzi
recalls this discussion at the site inspection and notes that he thinks that Shore Country
Day owns the property. Maxner states that she will look into this with Roland Adams to
field locate these areas of dumping.
Rene Mary asks why they did not include the Beverly Commons area noting there are
areas that need to be addressed up there also. Bade states that the study only addressed
certain areas and if certain areas were left out they had already been evaluated in relation
to the drainage problems being fixed.
Cademartori states that it would be very helpful if the Commission could review the
initial drainage study and recommendations to gain some perspective on the alternatives
that were considered in the feasibility design of this proposal. Maxner states that she will
work with Roland Adams to secure that.
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Meeting Minutes - October 23,2007
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There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to November 13, 2007. Johnson seconds the motion. The
motion carries 6-0.
Cont: 6 Ouincv Park - DEP File 5-966 - Repair Seawall Footin2 - Dale and Paul
Earl
Maxner reads the Certification of Evidence Review for the meeting that Ian Hayes was
not present for.
Maxner notes that she was not present at the site visit and asks if members have any
feedback.
Lang asks if the Commission has received any feedback from DEP. Maxner reports that
DEP has no comments on the project.
Cademartori recalls that at the site visit the Commission discussed the three properties
that seem to have used the same kind of design for seawall protection. He states that if
anyone of those property owners proposed a change in their design it would greatly
impact the other two.
Lang asks if there are any other questions or comments from the members. Hayes
suggests that they continue the design if they wish to make changes. Maxner explains
that if anything changes from the approved plan they have to come back to the
Commission for a modification and that may entail a modified Chapter 91 permit as well.
Ms. Earl states that she is aware of the Chapter 91 permit issues and doubts that they will
deviate from the existing plan at this point in time.
There being no further questions of comments at this time, Paluzzi moves to close the
public hearing. Hayes seconds the motion. The motion carries 6-0.
865 Hale Street - ReQuest for Minor Modification - Kevin Berrv
Kevin Berry addresses the Commission and recalls that the Commission approved an
Order of Conditions for him five years ago and he had a number of delays since then and
he is now going forward. He explains that he wants to make a path from his property to
reach Beach Street and his modification is mostly subtractive from the project. He
explains the things that he wants to take away on the plan. He explains the area that will
receive a foot path on the steep slope and explains he is changing the location of that path
to result in less disturbance to the vegetation.
Maxner explains that the area he is referring to is currently full of yard waste and he will
be removing that.
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Lang asks where the location of the resource area is. Berry explains the area and notes
that it is an area that is dry six months a year.
Lang asks if he would be adverse to planting some wetland species along the limit of the
wetland between the new path and the wetland, because it looks like they might be in the
25 foot NDZ. Mr. Berry agreed stating that would not be a problem.
Paluzzi moves to approve a minor modification for 865 Hale Street. Hayes seconds the
motion. The motion carries 6-0.
Maxner informs Mr. Berry to call her to inspect the hay bale line.
New: Hillcrest Drive/Beverly Hills Avenue - DEP File #5-960 - ReQuest to Revoke
Order of Conditions / Appeal to DEP
Maxner informs the Commission that there are a couple of issues with the Hillcrest site
and explains that the abutter Mr. Makos has secured an Attorney to put forth the claim
that he owns the road outright and he has given consent of the NOI to be submitted.
Hayes suggests that the two parties should be resolving the issue of ownership between
themselves and if the person has rights to develop then the Order would be valid,
otherwise it would become mute.
Cademartori noted that Mr. Makos is claiming that he owns the street and that is not an
issue for the Conservation Commission. Lang agreed and suggested that the Commission
should take no action at this time and notify the City Solicitor that the Commission
received the letter. He also notes that if the City Solicitor has another opinion then the
Commission will consider that.
Old / New Business
Beverly Open Space and Recreation Plan
Maxner reviews the support letter she drafted on behalf of the Commission for the City of
Beverly Open Space and Recreation Plan. Lang thanks Maxner for the well-written
letter. Members agree this is appropriate and Lang signs the letter.
Cleanin2 of Chubbs Brook
Maxner reports that Mike Collins talked with her about the cleaning of Chubbs Brook.
She notes that cleaning and straightening of the channel was part of the EIR in the
Chubbs Brook Drainage project and was not put in the NOI because it was going to come
under the Mosquito Control jurisdiction. She explains that is no longer an option because
the Army Corp of Engineers and Mosquito Control are in the midst of negotiations for
such jurisdiction. She explains that Collins wants to come in under a limited project
NOI filing to hand clear the brush and straighten and clean out some sediment within the
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Meeting Minutes - October 23,2007
Page 10 of 11
brook. She notes that Collins inquired as to whether the Commission would be
concerned about anything that he should address in the planning process.
Maxner explains that there used to be a stone retaining wall that has deteriorated over the
years and he wants to parallel that of the railroad. Lang states that it sounds like they will
be removing several yards of sediment and questions if they need a permit from the Army
Corp. Lang suggests that Maxner mention that to him and have him look into that.
Lang states that he would like a little more description about the depth and volume of the
sediment removal. He also notes that the area still has bad flooding and although they
have done improvements in the area if they do some cleaning and pruning it might be an
improvement.
Le2al Invoice
Maxner reports that the latest legal bill from George Hall is $120.00.
Friendlv's Replication
Maxner reports that the 480-486 Rantoul Street (former Friendly's site) replication is
complete and it looks good. She notes that Kelleher wants to put up a construction fence
but asked if the Commission will approve installation of a fence for construction
purposes. Lang states that it should be fine. Members agree that a construction fence is
permissible. Maxner states that she anticipates the submission of an NOI shortly for this
project.
Chan2es to Re2ulations
Maxner informs the Commission that she has been looking at other cities and town's
regulations regarding vernal pools and Manchester has a vernal pool resource area that is
the first 100 feet plus an additional 100 feet buffer zone. She suggests that it might be
feasible for Beverly to do the same. She states that she would call Manchester to see how
they crafted that. She also notes that she is working on editing all of the changes that
have been suggested.
Lang asks if a hearing is required for the changes. Maxner explains that a hearing has to
be held but we do not have to get approval from the Council to make these changes.
Orders of Conditions
6 Ouincv Park
Paluzzi suggests Standard Conditions. The following Special Conditions are discussed:
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Meeting Minutes - October 23,2007
Page 11 of 11
1. Prior to construction, a final plan (hand drawn to scale is acceptable) depicting a
cross section of the seawall footing and how the footing will be adjoined to the
wall shall be submitted to the Commission for review.
2. All work has been proposed by land, however should a barge be proposed for any
portion of the work, the Commission shall be notified prior to construction.
3. If the broken portions of the concrete seawall are to be taken off the beach by
barge, pieces shall be taken off site and disposed of at an appropriate facility.
Paluzzi moves to approve the conditions for 6 Quincy Park. Reilly seconds the motion.
The motion carries 6-0.
Adjournment
There being no further business to come before the Commission this evening, Paluzzi
moves to adjourn the meeting. Johnson seconds the motion. The motion carries 6-0.
The meeting adjourns at 9:35 p.m.