2008-04-01
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
April 1, 2008
Conservation Commission
Dr. Mayo Johnson, Gregg Cademartori
Ian Hayes, Tony Paluzzi, and Bill Squibb
Members Absent:
David Lang, Mary Reilly
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street,
Beverly, MA.
Certificate of Compliance
New: 13 Cherry Street - DEP File #5-813 - Aimee Parisella & Richard Bernard
Aimee Parisella and Ralph Parisella are present at the meeting.
Maxner informs the Commission that this Order governed the construction of an addition,
patio, stone retaining wall, two storage sheds, driveway expansion, wetland restoration
plantings and site grading in the Buffer Zone to BVW and Riverfront Area. She notes
that the entire parcel is in the riverfront area and approximatelyl,603 s.f. of alteration
was proposed and stormwater runoff from the driveway expansion was to be addressed
through a 3' by 3' geotextile lined gravel drip trench to be constructed along the
driveway. The proposed 11' by 9' addition is set within the new patio, which consists of
patio block pavers. Some grading was necessary for the patio, as well as that proposed to
level out the side yard, as a result a stone retaining wall is proposed which helped to
demarcate the wetland restoration planting area. The wetland restoration plan was
proposed to mitigate for the area ofBVW that was mowed as lawn, and it includes a
mixture of shrubs, herbaceous and wetland seed mix.
Maxner notes that she was not able to visit the site before this meeting and suggests that
the Commission may want to take a closer look at this. She also notes that changes to the
approved plans as noted by the engineer which includes incursion of the retaining wall
into the wetland.
Paluzzi states that he thinks a site visit should be held since this was one of the first
projects the Commission approved under the regulations that got a waiver.
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 2 017
Hayes suggested that Maxner visit the site before the next meeting and report her findings
at the next meeting and if she still feels it necessary to visit the site, the Commission can
chose to do so.
Cademartori noted that there are tree wells and rocks up against the bank of the brook.
Ralph Parisella explains that Mike DeRosa recommended them because of erosion.
There being no further questions or comments regarding this matter, Johnson moves to
continue the matter to April 29, 2008. Hayes seconds the motion. The motion carries 5-
O.
ReQuest for Determination of Applicabilitv
Cont: Temple B'Nai Abraham - Install Drain Pipe. Drvwell and Rain Garden and
Build Bluestone patio - Rabbi Steven J. Rubenstein
Marty Greenstein and Charles Noss address the Commission and Greenstein explains that
the site visit the Commission recommended some changes to the plan, and presents the
revised plan. He noted that the drainage pipe leading from the roof has been added and
the rain garden was moved to the discharge point which is out of the NDZ and explains
the location on the plan. He also notes that Ben Garry, Landscape Architect, has
modified the plan to include the approximate wetland line and the associated 25' NDZ.
Hayes states that this plan is much more descriptive.
There being no further questions or comments regarding this matter, Johnson moves to
issue a positive Determination #2B and a Negative #3. Hayes seconds the motion. The
motion carries 5-0.
Maxner noted that the determination means that the Commission acknowledges the
project is in the buffer zone but it will have no impact and that the exact wetland line has
not been determined, but that an approximate line is sufficient to permit this project. She
also explains to the applicants that this plan is exactly what the Commission expects to be
built in the field and if they change the project they must contact her so that she can
determine if the change needs additional Commission review. Greenstein and Noss agree
but expect no changes to be made at this point.
Johnson moves that the Commission recess for public hearings at this time. Hayes
seconds the motion. The motion carries 5-0.
Amendment to Order of Conditions
Cont. 76 Paine Avenue - DEP File # 5-867 - John Swansbun!:
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 3 017
Maxner informs the Commission that the applicant has withdrawn this application. She
also noted that the applicant's consultant indicated that they will be submitting a new
Notice of Intent for the tennis court, compensatory flood storage and associated
landscaping shortly.
Cont: 235 Dod2e Street - DEP File # 5-970 - Repair Norwood Pond Dam - City of
Beverly
Maxner informed the Commission that Mike Collins, DPW Director, has requested that
the matter be continued to the next meeting of the Commission on April 29, 2008.
Johnson moves to continue the public hearing. Hayes seconds the motion. The motion
carries5-0.
Cont: 105-107 Preston Place/Pole Swamp Lane - DEP File # 5-971- John
Soursourian
Maxner informs the Commission that the applicant has requested that the matter be
continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing.
Hayes seconds the motion. The motion carries 5-0.
Cont: 90 & 92 Boyles Street - DEP File #5-972 - Carl Dumas
Maxner informs the Commission that the applicant has requested that the matter be
continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing.
Hayes seconds the motion. The motion carries 5-0.
Cont: 53H Trask Street - DEP File #5-975 - William Bates
Bill Manuell addresses the Commission and stated that he would like input from the
Commission on how to proceed with this project before the applicant spends additional
money on engineering. He noted that at the site walk Mr. Lang suggested that they could
reduce the size of the replication area to 1-1 in exchange for preserving the beech trees.
Manuell noted that there are concerns by the neighbors of downstream flooding and
suggested that they provide additional flood storage. He explained that they looked at
trying to intercept the stream and pond and grab the flow and direct it to the replication
area. He explains the location on the plans. He also noted that they would create a small
depression and make this area deeper for flood storage. He also explains that they
tightened up the driveway and the proposed infiltration trench on the side of the driveway
to avoid direct runoff into the wetland.
Johnson noted that the neighbors' concerns about the lot behind this one and questioned
if this plan would make that flooding situation worse. Manuell said that it would not
make it worse but hopefully provide additional storage and residence time for runoff.
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 4017
Paluzzi asks if this additional volume would change the rate of flow in the stream.
Manuell states that to a very small degree it may but there seems to be great potential
benefit for upstream retention with this design.
Squibb questions where the street water currently flows. Manuell notes that there are
street drains on both sides of the street. He explains the direction of the flow on the plan.
Cademartori noted that there are two members absent this evening that may have
different opinions on this and he would like to have their input especially since Dave
Lang has provided such specific feedback on the replication area.
Hayes noted that the regulations as written do not address the reduction of the replication
area that they are requesting.
Manuell noted that Mr. Bates could build the same size home down in the corner of the
property and meet the requirements to do so, but they would take down more trees to do
so and it will not help out the neighbors and he thinks there are better ways to develop
this site that could reduce the amount of forested upland to be removed.
Cademartori questioned the zoning setbacks and if they are proposing to fill the resource
area why they are not building closer to the street. Manuell stated that the house is
situated on the best spot on the lot. He stated that they can develop the site to comply
with the regulations but they feel that there is a better way to do it.
Hayes noted that the whole purpose of the regulations is to avoid replication if at all
possible and this request is not compliant with the first waiver criteria. Manuell stated
that Mr. Bates has an acre and half and is trying to build something that compliments the
neighborhood. He further notes that they have talked with the neighbors and they are
trying to work with them to address their concerns regarding noise and flooding. Hayes
asked why they are limiting the replication to 1-1. Manuell explains that they could make
it 2-1 but they would have to cut several large trees. Hayes noted that part of the reason
the replication is required at 2-1 is to make it less desirable and he feels that for the
Commission to grant an exception there has to be a really good reason to do so. Hayes
states that he will need to visit the site before the next meeting and take a look at it.
Manual notes that the present state the IVW is a detriment to water quality as it is filled
with trash and explained the condition of the site and locations on the plan.
Paluzzi suggests that the hearing be continued to April 29, 2008 and that the Commission
should visit the site again. Cademartori agrees as he only visited the site on his own but
would like to hear feedback from other members while observing site conditions.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on this matter.
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 5 017
There being no further questions or comments regarding this matter, Johnson moves to
continue the public hearing to April 29, 2008 pending a site visit on April 19, 2008 at
8:30 a.m. Hayes seconds the motion. The motion carries 5-0.
5 & 9 Otis Road - Construct a Contractor Stora2e Facility - Red2ate Realty Inc.
Maxner informs the Commission that the applicant has requested that the matter be
continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing.
Hayes seconds the motion. The motion carries 5-0.
New: 44 River Street - (Map 4. Lot 57) - Install a Gravel Infiltration Trench -
National Grid
Maxner reads legal notice.
Andrea Desilets addresses the Commission and explains that they are proposing to install
a gravel infiltration trench and enhancement plantings within the Buffer Zone & 25-Foot
No Disturbance Zone to Coastal Bank, LSCSF, and Riverfront Area of the Bass River.
She notes that the site has historically been disturbed and explains the plans. She notes
that pooled rain and melted snow pools into the garage and freezes and poses a hazard to
personell.
Desilets explains that they are proposing to re-establish vegetation at the top of the bank
upon completion of the project. She also notes that they will install staked hay bales
during work and replace the fence when finished. She notes that there will be temporary
disturbance in the riverfront area but there will no change in the elevation of the land
subject to coastal storm flowage.
Paluzzi asks how long the work will take. Desilets estimates that the work will take 2-3
week from start to finish. Paluzzi asks if they will be stockpiling any material on the site.
Desilets states that they will most likely be stockpiling material on the site but it will be
outside of the buffer zone.
Maxner asks if they did any soil testing on the site. Desilets states that they have fairly
good idea of what areas of the site are contaminated and it will be removed from the site
and disposed of properly.
Cademartori asks if they will be bringing any soil to the site to replace what is removed
and amend the soil for plant propagation. Desilets states that she does not feel they will
have to do that, noting that they could reuse off what is there.
Discussion ensues regarding the existing plant community and the proposed planting
plan.
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 6017
Squibb questions the direction of the roof runoff. Desilets states that it goes to the back
of the garage. Squibb also notes that he is concerned about the soils on the other side of
the garage.
Cademartori suggests the Commission wait to approve this until such time as DEP has
commented.
Hayes states that he feels that this is a beneficial project and it seems pretty straight
forward and the Commission could place a condition that requires the applicant to come
back ifDEP comments need to be addressed.
Squibb asks if there are any residential abutters. Desilets states that there are residential
abutters and locates the area of Webber Street.
Hayes suggests that the Commission approve this pending favorable comments from
DEP.
Paluzzi opens the hearing up for public comment at this time.
Rene Mary addresses the Commission and asks if there are vernal pools on the site.
Desilets stated that there are no vernal pools on the site.
There being no further questions of comments regarding this matter, Hayes moves to
close the public hearing. Johnson seconds the motion. The motion carries 5-0.
Cont: 33, 36 & 37 Beaver Pond Road, DEP File #5-??? - Gwen Evitts
Carmen Fratarolli, attorney for the applicant, states that the Commission conducted a site
inspection and he is not aware of any changes to the plan requested by the Commission
but is happy to answer any questions.
Hayes states that he believes the line to be fairly straightforward and believes it to be
accurately delineated.
Paluzzi opens the hearing to public comment. No one present wished to comment.
There being no further questions or comments regarding this matter Hayes moves to
close the hearing. Johnson seconds the motion. Motion carries 5-0.
Orders of Conditions
44 River Street - (Map 4. Lot 57) - Install a Gravel Infiltration Trench - National
Grid
Hayes suggests standard conditions.
Beverly Conservation Commission
April], 2008 Meeting Minutes
Page 7017
With the following special conditions:
1. The Conservation Commission reserves the right to re-open the public hearing
should final comments from DEP warrant or require the examination of additional
information or plan revisions.
2. Rugosa Rose shall be eliminated from the proposed planting plan and replaced
with a native substitute.
3. Prior to work commencing on site, an actual planting plan showing locations of
proposed plants at a ratio of 1: 1 (removal:replacement) rate shall be submitted to
the Conservation Administrator for review and approval.
4. The top 6 inches of soil within the enhancement planting area shall be amended to
ensure optimal conditions for plant propogation.
Hayes moves to approve the Order of Conditions for 44 River Street. Johnson seconds
the motion. The motion carries.
Approval of Minutes
The minutes of the Conservation Commission meeting held on January 8,2008 were
presented for approval. The matter was tabled until the meeting on April 29, 2008, as
there was no quorum to vote on this set of minutes.
Old / New Business
25 Trask Street
Maxner reported that the Commission she has issued a letter regarding the condition of
the property at 25 Trask Street. She notes that the neighbors are having trouble selling
their property because of this site, which is a dumping ground for numerous types of
materials. She notes that the Health Department has had issues with this site as well and
have been working to gain compliance from the owner for years.
Hayes suggests that the Commission issue an Enforcement Order so they we have the
ability to impose fines, but noted that if the Health Department has not had success he did
not expect to get far with this. Cademartori suggests that there should be an inter-
municipal effort of city departments that have concerns about this site to see what can be
done.
Maxner asks if the Commission could schedule a site inspection and suggests that
Saturday April 19th may work as it is right around the corner from 53H Trask. Members
agree to visit the site at approximately 9: 15 a. m.
Adjournment
There being no further business to come before the Commission this evening, Johnson
moves to adjourn the meeting. Hayes seconds the motion. The motion carries 5-0.
The meeting adjourns at 8:30 p.m.