2008-03-11
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
March 11, 2008
Conservation Commission
Chair David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian
Hayes, Mary Reilly, Greg Cademartori, and Bill Squibb
Members Absent:
None
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang called the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street
Beverly, MA.
ReQuest for Determination of Applicabilitv
New: 127 Water Street - Install a FURRAH recvclin2 and water wash svstem-
Jubilee Yacht Club
Maxner reads legal notice.
David Smith of Vine Associates addresses the Commission and explains that they are
proposing to install a boat wash station at the Jubilee Yacht Club. He explains the
current process the Yacht Club uses and notes that it is a power wash system, which
drains back into the harbor. He explains that the new system will be recycled and filtered
and explains the process which results in the water being discharged through a perforated
pipe into a holding tank with crushed stone to be used again. He states that the existing
concrete slab will receive a trench drain to convey the wash water into to the 4' in-ground
sump tank and then it will be conveyed to the portable FURRH trailer recycle unit which
is portable. Smith estimated that it should take about a week to install the system.
He also notes that they are proposing hay bales and a silt fence at the edge of the boat
yard for construction containment. He also states that they will be removing the excess
excavated material from the site. He also explains that they will maintain the system and
testing using Clean Harbors.
Lang asks if the power wash will use soap. Smith states there will be no additives to the
water.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 2 of 12
Hayes asks how often they will need to replace the water. Smith states that they may
pump out the tank at the end of the season if necessary. He explains that they would have
Clean Harbors pump it out and remove it.
Lang asks if they will use a sand filter. Smith explains that it will be a cartridge.
Paluzzi asks if the swale will be concrete. Smith explains that it will be concrete and
explains it will be patched and blocked up noting it is a small swale about 2 inches deep.
Reilly asks how they will handle critters in the system. Smith explains that marine
growth is one entity and would be treated as a solid noting that it could be mussels and
small barnacles.
Cademartori asks if the trench drain is adequately sized. Smith states that it will be 3 or 4
inches and is confident that it is big enough noting that the sump chamber holds about
300 gallons.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue a Negative 3 Determination. Johnson seconds the motion. The motion carries 7-0.
New: Temple B'nai Abraham - Install Drain Pipe. Drvwell and Rain Garden and
Build Blue Stone Patio - Rabbi Steven J. Rubenstein
Maxner reads legal notice.
Martin Greenstein addresses the Commission and explains the plans to install a patio and
garden for multiple purposes including Hebrew School and for the congregation to enjoy.
He explains the drainage system and notes that the rain garden will be planted on top of
the drywell that receive pipes down the side of the building to the down spouts to collect
roof runoff. He noted the locations on the plan.
Paluzzi asks what the capacity of the drywell is. Greenstein explains that it will be 10xl0
and 4 feet in depth and will have crushed stone and filter fabric.
Cademartori asks if the drywell will be a pre-cast unit as he is concerned that at that
depth they may already be in groundwater and there will be little relief from the flooding
problem in that case.
Lang asks what they plan for shrubbery and plantings in the garden. Susan Quateman,
Landscape Designer, states that they will be native plantings and notes that they chose
plantings that will work in the wetland.
Greenstein shows photos of the area.
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March 11, 2008 Meeting Minutes
Page 3 of 12
Cademartori states that a site visit may be in order as the plan is not descriptive enough
with regard to the wetland and the buffer zone locations. Lang agrees noting that the
wetland and buffer zone must be obvious on the plan for future reference and suggests
that the Commission continue this matter to the next meeting. The Commission will visit
the site on March 29,2008 at 8:00 a.m.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue this application to April 1, 2008, pending a site visit. Johnson seconds the
motion. The motion carries 7-0.
Johnson moves to recess for Public Hearings. Paluzzi seconds the motion. The motion
carries 7-0.
Amendment of Order of Conditions
Cont: 76 Paine Avenue. DEP File #5-867 - John Swansbur2
Maxner explains that this matter was continued to April 1, 2008 and no discussion will
taken place this evening.
Cont: Behind 235 Dod2e Street - Norwood Pond Dam Repair - DEP File # 5-970-
City of Beverly
Maxner informs the Commission that the applicant has requested that the public hearing
be continued to April 1, 2008.
Paluzzi moves to continue the public hearing. Johnson seconds the motion. The motion
carries 7-0.
Cont: 105-107 Preston Place / Pole Swamp Lane - John Soursourian
Maxner addresses the Commission and explains that she has coordinated with the
applicant the independent consultant for the peer review of this project. She states that
the independent consultant is Rich Kirby ofLEC who is here this evening. She state that
he will be reviewing the wetland line and locating potential vernal pools on the site as
well as recommending Best Management Practices for road stormwater runoff. She
explains that the applicant requested this meeting tonight to coordinate the approach to
the field investigation.
Peter Ogren, Hayes Engineering, states that he would like to establish the protocol for the
determining of vernal pools. He suggests that the two consultants go out to the site
together so that there is no confusion in reporting findings in the field. George Mariani
states that this is the opportune time to identify potential vernal pools and suggests that
they go out there in the next week or two.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 4 of 12
Kirby asks how soon the Commission would like the information. Lang states that there
is no particular deadline just as long as there is enough evidence collected to make
informed decisions. Kirby asks that Libby Wallis be present while he reviews the
wetland line. Ogren states that can be arranged.
Reilly states that they should follow the criteria for vernal pools set by the Commission's
Regulations.
The respective consultants schedule a tentative date of March 21 8t to conduct the first
field investigation. Maxner states that she would like to be present for that meeting.
John Soursourian states that he would also.
There being no further questions or comments regarding this matter, Johnson moves to
continue the public hearing to April 29, 2008. Hayes seconds the motion. The motion
carries 7-0.
Cont: 480-486 Rantoul Street - Construct Parkin2 Lot - Force Realty, LLC
Peter Ogren addresses the Commission and explains that there needs to be language to
govern how the buffer zone might be treated for the abutter and also noted that the plan is
not acceptable to the abutter. He states that discussions this evening with the abutter and
her attorney has resulted in the following changes to the plan:
1. The proposed grading just east of the wetland shall be revised to mimic pre-
existing conditions with the addition of a swale to insure that stormwater
runoff is directed to the wetland and not onto the abutter's property at 478
Rantoul Street;
2. The elevation of the outlet pipe leading from the wetland to the site drainage
system shall be lowered to insure that the wetland drains and no over flow or
overtopping of stormwater occurs on the abutter's property at 478 Rantoul
Street.
Squibb states that he has been down there after significant rain and there was no over
flow to the abutter's property and suspects that there is a topographical divide that indeed
makes this an isolated wetland.
Ogren goes on to explain that the replication has been moved onto the applicant's
property and will not create any new resource or buffer on the Scialdone's property.
Attorney Matthew Watsky representing the Scialdone's addresses the Commission and
states that his client is satisfied with these plans.
Mrs. Scialdone addresses the Commission and states that she wants the original wetland
back to its original configuration and does not want the replication to encumber her
property.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 5 of 12
Maxner notes that there will be no new buffer zone on the Scialdone property. She also
notes that Bill Manuell has submitted his presentation that he made at the previous
meeting in written format for the file.
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: 90/92 Boyles Street - (Map 45, Lot 50) and (Map 45, Lot 2) - Construct Sin2le
Family House and Wetland Crossin2 for Common Access Driveway - Carl Dumas
Hayes recuses himself from this discussion and leaves the room.
Brian Butler, Oxbow Associates, introduces Carl Dumas. Butler provides a brief recap of
the project explains the location of the replication areas as discussed at the site
inspection. He also notes that they have repositioned the house slightly.
Butler reviews the impact calculations and provides a chart of percentages for the
Commission members to review. He states that there is a small impact to the vernal pool
habitat relative to the site size and overall impact.
Johnson states that there very well may be a small impact, however it is within the most
sensitive part of the site and most vulnerable and critical resource area will be negatively
impacted.
Cademartori asks for the total wetland acreage, as these percentages are askew without
this information. Butler states that wetlands constitute approximately 40% of the entire
site locus. He states that they are willing to acknowledge vernal pool function at the rear
of the property and are willing to investigate this area in the spring.
Maxner notes that there is an administrative difficulty in that the bare minimum of the
Commission is eligible to vote on this application due to malfunction of her tape
recorder. She suspects that with a probable spring vernal pool investigation and multiple
continuances, there is a high likelihood that the eligible members may miss meetings and
become ineligible. She has explained this to both Butler and Dumas, and from an
administrative point of view it is risky to proceed with a bare minimum quorum. She has
asked if the applicant would be willing to re-open the hearing so as to have the full
Commission eligible to vote on this. Butler states that they would be agreeable to that.
Maxner suggests that the hearing be reopened on April 29, 2008.
Reilly suggests that she would like to have an independent consultant look at this plan.
Lang notes that DeRosa did the original delineation and he is comfortable with that and is
not sure there is a need for a peer review.
Butler states that the applicant is considering a possible Conservation Restriction for a
rear portion of the property.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 6 of 12
There being no further questions or comments regarding this matter, Johnson moves to
continue and re-open the public hearing to the April 29, 2008 meeting. Paluzzi seconds
the motion. The motion carries 6-0.
Hayes returns to the meeting.
Cont: 53H Trask Street - Construct Sin2le Family House - William Bates
Maxner informs the Commission that the applicant has requested that the matter be
continued to April 1, 2008.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the hearing. Johnson seconds the motion. The motion carries 7-0.
Cont: 5 & 9 Otis Road - Construct a Contractor Stora2e Buildin2 - Red2ate
Realty, Inc.
David Lang recuses himself from this discussion and leaves the room. Paluzzi assumes
the Chair at this time.
Maxner reads the Certificate of Evidence Review in this matter for Reilly and Hayes and
notes that they have reviewed the tape of the last meeting and are eligible to participate in
this matter.
Bob Griffin addresses the Commission, and introduces Bill Manuell of Wetlands & Land
Management, Jeff Lawler and Norman Lavoie of Redgate Realty, and notes that a site
visit was held on March 8, 2008 and as a result of that site visit, changes have been made
to the plan. He notes that they changed the layout in the replication area slightly and they
will restore and enhance the walking path to the east of the wetland in the buffer. He also
notes that the plans show a cross section of the retaining wall. He explains that to bring
the site into storm water management compliance they have made some changes. He
explains the drainage system and the catch basins.
Cademartori asks if a storm like the recent rain event would be handled as there was
standing water at the site inspection and he suspects the stormseptor will be surcharged,
he asks what storm event is this designed for. Griffin explains that it is designed for
retention and he would have to check on how large an event it can handle, but notes that
there is infiltration systems in the upper chain of treatment.
Reilly asks if they looked into any options for LID in stormwater management. Griffin
notes that they are cramped for space and the underground infiltration system is the best
they could do in that regard.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 7 of 12
Hayes states that he is not in favor of the replication of the original wetland, which is
right at the edge of a high traffic parking lot with little to no buffer zone. He believes that
the scope of disturbance to the wetland and the buffer is too great, and suggests that they
reduce the size of the building to reduce the impact.
Griffin states that they looked at that but it was difficult trying to accommodate the
project on the small site, but notes that virtually every area of resource and buffer is
receiving enhancement.
Hayes states that it bothers him that it is a wetland that has been degraded in the past
becomes replication for project permitting in the present. He suggests that they should
start with restoring the wetland and shrink the size of the development. Griffin notes that
the debris has been in the area for many years noting the access road to the city dump and
notes that his clients are willing to restore the degraded conditions that they did not
create.
Reilly asks if there is a way to make the building taller to reduce the footprint. Griffin
explains that the nature of the building requires direct truck access to the bays and
building up is not an option.
Squibb asks if the building could be rotated 90 degrees. Griffin states that there would be
zoning issues with that.
Hayes notes that he is not willing to concede the 25-Foot No Disturb Zone without the
applicant asking for a variance from the ZBA first, he does not believe the Commission's
setback should always be the one that is sacrifced.
Griffin states that they are open to modifying the plan but needs specific feedback from
the Commission.
Reilly states that she does not feel that the building should be that big and it needs to be
reduced to remove impact to the wetland.
Paluzzi states that the building should be shorter and if zoning setbacks need to be
waived, the applicant should investigate that. Hayes agrees stating that zoning relief
should be sought first and in the meantime the wetland enhancement and replication
should be reconsidered.
Squibb asks for clarification as to the use of the parking area at Cycles 128. Griffin states
that it is used for motorcycle and cross bike training. Squibb states he is also
uncomfortable with this type of use immediately adjacent to the wetland with no natural
buffer zone to attenuate pollutants that will come from that parking lot.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 8 of 12
Paluzzi opens the hearing up for public comment at this time.
Joan Murphy addresses the Commission and expresses her concern about the size of the
building being too big for the area.
Griffin states that they will take another look at the location of the building and thanks
the Commission for the feedback.
There being no further questions or comments regarding this matter, Johnson moves to
continue the matter to April 1, 2008. Hayes seconds the motion. The motion carries 6-0.
Lang returns to the meeting at this time.
New: 94 Preston Place - DEP File #5-976 - Construction of Three Small Additions
to Existin2 Home - Michael Hardiman
Maxner reads the legal notice.
Tom Keough, Hancock Associates, addresses the Commission and explains that the plans
have been revised due to the location of the septic system to comply with the Board of
Health regulations and provides revised plans.
He explains the location of the existing dwelling on the site and states that there will be
an addition to the basement out the back with associated decks. He notes that the gutters
from the new additions will tie into the existing gutters. He also notes that there will be
no disturbance in the driveway nor will there be any activity in the 25-Foot No
Disturbance Zone other than removal of the historic yard waste by hand.
Keough notes that there will be minor adjustments to the brick walkway and the work
will be done outside of the buffer zone.
Maxner states that she has been to the site and it is fairly straightforward project. She
notes that the removal of the debris will be a big improvement and the natural vegetation
will come back which consists of sensitive and cinnamon fern.
Cademartori asks where the construction access will be. Keough states that it will all be
done through the driveway.
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, Johnson moves to
close the public hearing. Paluzzi seconds the motion. The motion carries 7-0.
Abbreviated Notice of Resource Area Delineation
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 9 of 12
New: 33,36, and 37 Beaver Pond Road - Map 83 - Lots 3A, 3B, and 3C - Delineate
Wetland Resources - Gwenn Evitts
Maxner reads legal notice.
Carmen Frattarolli addresses the Commission and notes that Mary Rimmer, Rimmer
Environmental Consulting, performed the original flagging of the site which includes
Bordering Vegetated Wetland to the Bank of Beaver Pond. He explains that this
application is part of his client's application to the Planning Board OSRD process and an
ANRAD is required as part of the initial review. He states the he assumes the
Commission will wish to conduct a site inspection and states that Mary Rimmer will be
available for the site visit to answer any questions.
Lang suggests that the Commission visit the site on March 29, 2008 at 8:30 a.m.
Members agree.
Cademartori asks if the existing Conservation restriction is recorded. Frattarolli states
that it is and briefly explains the history of the Restriction.
Maxner reminds members that the Commission holds the Restriction and she has a copy
of the recorded language and the plan if they would like to review it.
Lang opens the hearing up for public comment at this time.
Simon Haight of 3 8 Beaver Pond Road states that he is concerned that there is a potential
vernal pool on lot 4, which is visible from the road and explains its location on the plan.
Members agree to inspect this area while on site.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to April 1, 2008, pending a site visit on March 29, 2008.
Hayes seconds the motion. The motion carries 7-0.
Old/N ew Business
Cont: 29 Hathaway Avenue - Enforcement Order - R02er Tremblay
Roger Tremblay addresses the Commission and explains the revised plans. She explains
that they would like to gradually tier the wall and remove the last 64 feet of the wall and
gently re-grade this area. He states the Commission should have a plan showing this and
the proposed planting plan.
Lang asks when they could complete this work. Tremblay estimated that they could do it
in the next week or so, noting that he feels that it could be done by the next meeting on
April 1, 2008, with the exception of the plantings because of the weather and frost.
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 10 of 12
Lang asks if they still plan for a privacy fence around the pool. Tremblay stated that they
are with a changing room near the pool in the future.
Squibb asks if they are removing the old foundation in the rear of the pool. Tremblay
states that they will be removing it and putting up a fence. He notes that he will be
installing a small stone tiered wall with plantings and flowers and grass.
Maxner states that they will need to get the mitigation work for the violation done first
and they will have to do a filing for the rest of the pool work.
There being no further questions or comments regarding this matter, Paluzzi moves to
approve the mitigation plan for 29 Hathaway Avenue. Johnson seconds the motion. The
motion carries 7-0.
Paluzzi moves to amend the Enforcement Order for 29 Hathaway Avenue to extend the
deadline for the work to be completed to May 30,2008. Lang adds that no work on the
pool should recommence until Maxner can verify installation of the plantings. Johnson
seconds the motion. The motion carries 7-0. Lang informs Tremblay that the
Commission will expect a full Notice ofIntent for the pool and related site work.
Tremblay hopes to submit that in April or May.
Discussion 1 Comments on Proposed Amendments to the Open Space and
Recreation Desi2n Ordinance (OSRD)
Cademartori notes that these very significant changes proposed are born out of a
consultant memo from 2006 and he is perplexed that the Planning Board's
recommendations don't mirror that of their own consultant in some instances. He notes
that there are some aspects of these changes that should be carefully considered. He
questions the reduction of the buffer setbacks around primary conservation areas as well
as the thresholds for acreage that would trigger the Ordinance.
Hayes notes that it calls for a reduction from 100 feet to 25 feet. He notes that for a
conservation area we would want at least 50 feet, but maintaining the current 100 feet
makes most sense as it takes many individual lot developments out of the Commission's
jurisdiction and stormwater management and wildlife habitat are better protected with the
Buffer Zone is left untouched.
Discussion ensues regarding the Commission's primary position with regard to the
changes. Lang suggests that the buffer zones around the primary conservation areas and
the acreage thresholds seem to the most problematic and the Commission's letter should
focus on these points. Members agree.
Maxner notes that there could be a problem with the language regarding vernal pools as
there is a 100-Foot No Disturbance Zone for this type of wetland and the OSRD should at
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 11 of 12
the very least be consistent with the Commission's regulations. Cademartori suggests
that a few of the Commissioners should work on a comment letter to distill this
discussion and forward for all members to review and approve. Maxner states that the
letter should be addressed to both the Planning Board and the City Council. Hayes agrees
to assist Cademartori in crafting the letter.
Orders of Conditions
94 Preston Place
Lang suggests Standard Conditions.
Maxner suggests that they should remove the yard waste before they start any other work.
Members agree to adopt that as a Special Condition.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue standard conditions and the special conditions as reviewed. Hayes seconds the
motion. The motion carries 7-0.
480-486 Rantoul Street
Discussion ensues regarding the wetland and overall site conditions and project impacts.
Lang suggests standard conditions.
The Commission reviews special conditions for the project as follows:
1. Prior to construction within the Commission's jurisdiction, a revised plan shall
be submitted depicting revisions as detailed at the March 11, 2008 meeting
relative to grading at the 478 Rantoul Street property line and the elevation of the
outlet drain leaving the wetland. These revisions, as accepted by the Commission
at the March 11th meeting include: 1) The proposed grading just east of the
wetland shall be revised to mimic pre-existing conditions with the addition of a
swale to insure that stormwater runoff is directed to the wetland and not onto the
abutter's property at 478 Rantoul Street; 2) The elevation of the outlet pipe
leading from the wetland to the site drainage system shall be lowered to insure
that the wetland drains and no over flow or overtopping of stormwater occurs on
the abutter's property at 478 Rantoul Street.
2. The wetland replication area shall be constructed and completed no later than
June 30, 2008 and an as-built of the wetland replication area shall be submitted to
the Commission no later than July 30, 2008.
There being no further questions or comments regarding this matter, Paluzzi moves to
issue standard conditions and the special conditions as reviewed. Reilly seconds the
motion. The motion carries 4-0-3 (Cademartori, Hayes and Lang abstain)
Approval of Expenses
Beverly Conservation Commission
March 11, 2008 Meeting Minutes
Page 12 of 12
Maxner presented the following expenses for approval:
$90.00 to Mary Reilly for reimbursement for attendance at the MACC Workshop
$90.00 to Dr. Johnson for reimbursement for attendance at the MACC Workshop
Cademartori moved approval of the expenses. Paluzzi seconds the motion. The motion
carries 5-0-2 (Reilly & Johnson abstain).
Maxner presented an invoice for mileage for the period of July - February in the amount
of$122.60.
Paluzzi moved approval of the mileage for Maxner. Hayes seconds the motion. The
motion carries 7-0.
Approval of Minutes
The minutes of the Beverly Conservation Commission meeting held on November 13,
2007 were presented for approval. Johnson moves to approve the minutes form
November 13, 2007 as amended. Paluzzi seconds the motion. The motion carries 6-0-l.
Lang abstains.
Adjournment
There being no further business to come before the Commission this evening, Paluzzi
moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 7-0.
The meeting adjourns at 10: 10 p. m.