2008-06-10
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
June 10, 2008
Conservation Commission
David Lang, Tony Paluzzi, Gregg
Cademartori, Mary Reilly, and Bill Squibb
Members Absent:
Dr. Mayo Johnson, Ian Hayes
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang calls the meeting to order at 7:00 p.m. at GAR Hall, Dane Street, Beverly, MA.
Lang addresses those present and notes that the Commission has a lengthy agenda this
evening and he hopes to allot fifteen minutes or so for each item. He noted that some of
the bigger projects such as Chapman's Corner will be opened but most likely be
continued to the next meeting.
Certificate of Compliance
New: 13 Cherry Street - DEP File #5-813 - Aimee Parisella & Richard Bernard
Maxner explained that the applicant has contacted her indicating that they will be
installing the plants this weekend and she will conduct a site inspection during the week
of June 16th and report for final closure at the June 24th meeting.
New: 6 Lakeside Avenue - DEP File #5-829 - Robert Levin and Yvonne Rep
Mr. Levin addresses the Commission and explains that they built 28-foot by 28-foot 2-
story addition with a garage underneath to the existing single - family home, and
reconfiguration of the driveway in the Buffer Zone to an Inland Bank of Wenham Lake.
He explains that the activity is approximately 60 feet from the edge of the Bank at its
closest point, and does not intrude into the 25-Foot No-Disturb Zone. He notes that a
special condition was attached that required him to replant as many trees as were taken
down. He explained only three trees needed to be cut to accommodate the driveway and
three white pines have been planted to comply with the condition. Maxner reports that
the addition dimensions are as approved as she measured them in the field, and the
driveway configuration was modified which resulted in less tree removal.
Paluzzi moves to issue a Certificate of Compliance for 6 Lakeside Avenue. Reilly
seconds the motion. The motion carries 5-0.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 2 of 15
ReQuest for Determination of Applicabilitv
New: 15 Holdin2 Street - Above Ground Pool and Attached Deck - Scott E. Le2row
Maxner reads legal notice.
Mr. Legrow addresses the Commission and explains that he is proposing to install an
above ground pool and fence within the Buffer Zone to BVW. He has asked that the
Commission consider two options for its location; one would be within the 25' NDZ the
other just outside the NDZ. He also explained that he is proposing to install a fence on
the east end of the house for his dogs.
Cademartori questions if there are any previous Orders of Conditions for this property as
he looked on MASS GIS and the lot was fully forested as of2002. Maxner reports that
she did not find any previous files on this property and visited the site based on her
knowledge of the area as another project is in progress not far from this one. Mr. Legrow
states that he did some work on the property when he first bought the house 2 1Iz years
ago. He explains that he replaced the roof and repaved the driveway and did some
landscaping. Lang clarifies that he did not do any work near the skunk cabbage, which is
the wetland area. Mr. Legrow explained the areas that he did work in and it did not
include that area but needed to do some grading to address a drainage area near a ledge
outcropping.
Legrow explains that the proposed deck will be attached to the pool for access to the
pool.
Reilly states that there seems to be plenty of room on the lot and she would prefer to see
the pool in proposed location B, out of the NDZ. Members agree. Maxner clarified to
Mr. Legrow that none of the proposed new structures could be in the 25 foot NDZ.
There being no further questions or comments regarding this matter, Paluzzi moves to
approve proposed location "B" with a Negative 3 Determination. Reilly seconds the
motion. Cademartori opposed. The motion carries 4-1.
Recess for Public Hearin2s
Paluzzi moves to recess for public hearing. Reilly seconds the motion. The motion
carries 5-0.
Notice of Intent
Cont: behind 235 Dod2e Street. DEP File #5-970 - repair Norwood Pond Dam -Citv
of Beverlv
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 3 of 15
Maxner informs the Commission that Mike Collins has requested that the matter be
continued until the June 24, 2008 meeting, and that he feels confident that they will be
able to move forward at that time. Paluzzi moves to continue the public hearing. Reilly
seconds the motion. The motion carries 5-0.
Cont: 105-107 Preston Place. DEP File #5-971- improvements to existin2 wav
known as Pole Swamp Lane - John Soursourian
Maxner reads Certificate of Evidence Review for 105-107 Preston Place on behalf of
Greg Cademartori and Tony Paluzzi.
Chris Sparages of Hayes Engineering addresses the Commission and explains that they
presented new evidence with regards to the potential vernal pools on the site. He noted
that the proposed location for the turnaround was within the 100-foot buffer zone and
noted that the Commission requested that they try and move that or offer some
compensation to incorporate plantings, which would be beneficial to the vernal pools. He
reports that they were able to relocate the turnaround slightly so that it is outside of the
vernal pool buffer zone and notes that the applicant is fine with placing no disturb
markers at this limit.
Sparages explained that they were asked to submit a stormwater management plan
because the project is subject to management standards under the Ordinance. He reviews
the proposed stormwater management plan and explains the treatment chain including
catch basin and detention pond, which achieve peak rate runoff and provide for TSS
removal standards. He noted that there will be a treatment swale to the north of the area
that leads to the basin at the intersection of Preston Place and Pole Swamp.
Sparages states the stream is shown as perennial on the USGS maps and notes that Rich
Kirby suggested that they identify the mean high water line. He explains Elizabeth
Wallis walked the area and flagged the MHW along the "PVP2" flag series and it is noted
on the plan. He notes that with the updated impact calculations they are still under the
threshold for the proposed amount of activity within the Riverfront. He explains that
they have addressed the issue of outstanding fees and have a check tonight for the City of
Beverly. He also notes that a check has been sent to DEP as well.
Rich Kirby, LEC, independent consultant for the Commission, explains that he reviewed
the revised submission and emailed his comments to Maxner. He reports that the thinks
that the revised MHW is reasonable and the proposed stormwater management plan is
adequate and meets the policy referenced in the Ordinance. He states that he
recommends a New England seed mix for wet basin areas be planted for the swale. He
also notes that the stormwater plan does not seem to address impervious surfaces for
future construction of homes on the site and recommends that is will have to be addressed
in a future filing.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 4 of 15
Maxner recommends that erosion control measures be installed at the north end of
Preston Place, noting that there is a wetland on the other side of Preston Place. Sparages
agrees.
Cademartori asks if these changes were presented to Manchester Conservation
Commission. Sparages explains that they were and the Manchester Commission issued a
decision in May but that they will present these changes as necessary.
Lang opens the hearing up for public comment at this time.
Joan Murphy of36 Longmeadow Road addresses the Commission and asks if the
proposed markers are on the plan. Sparages explains that they are not on the plan as it
exists but requested that the Commission approve the plan with the condition that the
plan for the markers be submitted.
Maxner asks what the extent of the markers will be. Sparages explains where the arc will
start and that markers will be placed every 20-30 feet. Lang suggests that they submit a
drawing depicting the marker for Maxner' s approval before the start of construction.
Maxner agreed and notes that she does not want this to be a point of contention and
suggests that language be included in the decision as follows: "Weather sustainable
markers shall be installed the length of the NDZ and signage shall read "No Disturbance
of Any Kind Beyond This Point Per Order of the Beverly Conservation Commission."
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Reilly seconds the motion. The motion carries 5-0.
Cont: 53H Trask Street. DEP File #5-975 - construct sin2le-familv house - William
Bates
Maxner reads Certificate of Evidence Review for 53H Trask Street on behalf of David
Lang.
Bill Manuell addresses the Commission and explains that they have submitted revised
plans that address the concerns raised at previous meetings and site visits. He notes that
they focused on saving some trees on the site and one of them was diseased. He notes
that they moved the location of the house forward to the limit of the Isolated Wetland and
some of the porches and walkways are right on the line of the wetland, however they did
not want to place the house right over the wetland as they want to make sure the
foundation is on suitable and stable soil. He also notes that they reconfigured the
replication area and preserved the island in the field. He notes that the reconfiguration
avoids the last tree by the flag A14. He also explains that they are providing mitigation
of2.6 to 1.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 5 of 15
Manuell states that the replication area is noted on the plan and suggests that they should
stake it out prior to the excavation and modify it as they go to insure that they save as
many trees as they can. He suggests that this be done with the Administrator in the field.
Manuell clarified that 150 of each shrub proposed will be planted and not 120 as
indicated on the plan. He states that he will submit a revised plan for that as well.
Maxner asks what the plan is for handling driveway runoff. Manuell explains that the
engineer suggests sending it though a thick vegetation area and notes the area on the plan.
He explains that it will be natural infiltration as soils are very good for infiltration on the
site.
Lang asks how the enhanced area will drain. Manuell explains that they decided at a site
visit that there would be minimal benefit to channeling the water so they are proposing a
wetland replication area to match the water table and see if they can get something to
grow there.
Lang states that he thinks that this a good outcome after several meetings and site visits.
Cademartori notes that this is substantial work with the creation of not much of a buffer
and asks how they will delineate that. Manuell states that it could be addressed with a
condition.
Cademartori notes that this is substantial work with the creation of not much of a buffer
and asks how they will delineate that. Manuell states that it could be addressed with a
condition.
Maxner suggests that they have a slightly larger NDZ in the back of the property and
recommends 35 feet. Manuell states that it would be tight and he didn't want people to
encroach it. Lang asks what the depth of the new edge of the wetland is. Manuell
estimates it is 60 feet. Paluzzi suggests 30 feet. Manuell reports that the owner is
agreeable to that. Maxner notes that part of the reason that they moved the house closer
to the street was to keep it away from the wetland and create a bigger undisturbed buffer.
Maxner also recommends that they increase the number of tree plantings in the new
buffer area from 7 to 14 and not mow or landscape within that area. Manuell states that
his client is fine with that suggestion.
There being no further questions or comments regarding this matter, Paluzzi moves to
close the public hearing. Cademartori seconds the motion. Reilly abstains. The motion
carries 4-0-1.
Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2.
compensatory flood stora2e - John Swansbur2
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 6 of 15
Maxner informs the Commission that the applicant has requested that the matter be
continued until the June 24,2008 meeting of the Conservation Commission. Johnson
moves to continue the public hearing. Reilly seconds the motion. The motion carries 5-
O.
Cont: 90 Bovles Street (Map 45 Lot 2). DEP File #5-974 - construct sin2le-familv
house and wetland crossin2 for common access drivewav - Carl Dumas
Maxner informs the Commission that the applicant has requested that the matter be
continued until the June 24, 2008 meeting of the Conservation Commission. Paluzzi
moves to continue the public hearing. Reilly seconds the motion. The motion carries 5-
O.
Cont: 92 Bovles Street (Map 45 Lot 50). DEP File #5-972 - construct sin2le-familv
house and wetland crossin2 for common access drivewav - Carl Dumas
Maxner informs the Commission that the applicant has requested that the matter be
continued until the June 24, 2008 meeting of the Conservation Commission. Paluzzi
moves to continue the public hearing. Reilly seconds the motion. The motion carries 5-
O.
Cont: 3 Melvin Avenue. DEP File #5-982 - buildin2 addition - Paul & Catherine
Gareri
Maxner informs the Commission that the applicant has requested that the matter be
continued until the June 24, 2008 meeting of the Conservation Commission. Paluzzi
moves to continue the public hearing to June 24, 2008. Reilly seconds the motion. The
motion carries 5-0.
New: 76 West Street - Drivewav Resurface. Fence Repair. Tree Removal. Draina2e
Improvements - Brook & Melissa Dane
Maxner reads legal notice.
Mary Rimmer, Rimmer Environmental, addresses the Commission and states that the
applicants are in attendance at the meeting, and explains that the project involves
driveway resurfacing, fence repair, landscape and invasive specie management and the
dredging of a small pond within Riverfront Area, BVW, 100-Foot Buffer Zone, 25' NDZ,
Bordering Land Subject to Flooding (Floodplain). She explains the location of the
property and the resource areas on the plan.
Rimmer explains that they are proposing a crushed stone trench for the runoff in the
driveway prior to discharge into the wetland. She also explains that they are proposing a
raised bed garden and notes the location on the plan, as well as the location of the fence
they are proposing to repair along the property line. She also explains the locations of
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 7 of 15
some trees that need to be removed and notes that they will be replanting the areas with
natural species.
Rimmer explains an area of the eastern side of the yard where water puddles and explains
that they are proposing to regrade and fill the area with 35 cubic yards of fill to improve
drainage in this area with compensatory flood storage provided within the restoration
area. She states 300 cubic yards will be dredged from the pond covering an area roughly
5,000 square feet.
Rimmer explains that they are also proposing invasive specie management of purple
loosestrife and replace it with more native diverse habitat plantings. She explains that
they will remove 1 1Iz feet of soil around the purple loosestrife and replace it with clean
loam and replant a variety of species.
Rimmer states that she expects that the Commission will want to visit the site explains
that they will submit a more detailed planting plan after the site visit to incorporate
recommendations from the Commission. She also noted that they have not yet contacted
a contractor for this project.
Reilly questions the method for removing the loosestrife. Rimmer notes that it is a little
different but removing the soil will be a huge help in getting rid of the plants as well as
the seedbed, noting that monitoring and maintenance will be required.
Lang notes that the 100- Year Flood elevation is at 10 and asks how that elevation will be
handled in the loosestrife removal area. Rimmer responds that they will be creating flood
storage compensation within the restoration area, but would be vigilant of keeping grades
to maintain existing flood storage in this area.
Paluzzi suggests that the Commission visit the site. Lang agrees and suggests that the
Commission visit the site on Saturday, June 14,2008 at 8:00 a.m.
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
continue the public hearing to June 24, 2008 pending a site inspection scheduled for
Saturday June 14th at 8:00 a.m.. Reilly seconds the motion. The motion carries 5-0.
New: 232 & 234 Essex Street - Demolish Existin2 Structures and Construct a
Childcare Facilitv - Robert Walker
Maxner reads legal notice.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 8 of 15
John Dick addresses the Commission and explains that the project involves the
demolishing of existing structures on site and reconfiguring parking and constructing a
childcare facility. Portions of the activity will be within the 100-Foot Buffer Zone and
25-Foot NDZ to that bank of Kelleher's Pond with no associated BVW. He notes that the
project is considered a redevelopment under stormwater management but that it complies
fully with the stormwater regulations. He also noted that the project was designed with
both DEP Performance Standards and the CDM design for increasing Kelleher's pond
flood storage capacity. He explains the property is approximately 21 acres in size with
existing single-family house, tennis court, driveway as well as large contracting storage
sheds for the construction business that the Kelleher's have operated through the years.
Other wetland resources do exist on the undeveloped portion of the property, but none of
these are involved with this particular project.
Dick explains that the building footprint sits back on the property from the street and
explains the location on the plan. He notes that that all of the pavement in the driveway
and parking area that exists now will be shifted only slightly. He further notes that the
bank is clearly defined and the existing edge of the pavement is noted on the plan.
Dick notes that there is a possibility of future development on the site, but for now this is
a simple, straightforward proposal for a childcare facility.
Lang asks if they are in the 25 foot NDZ. Dick states that they are and notes that they
have asked for a waiver in the narrative, he further explains that there will be
approximately 3,000 square feet less impervious surface than what is there now.
Squbb asks the size of the proposed building. Dick states it measures 150' by 150'.
Lang opens the hearing up for public comment at this time.
David Weir of 23 5 Essex Street addresses the Commission and expresses his concern
about snow storage and the use of chemicals near the pond. Lang explains that those
kinds of concerns will be addressed by the Commission through the Order of Conditions.
Bob Mullen, 2 Ice House Lane, addresses the Commission and expresses his concerns
about traffic. Lang explains that those concerns should be addressed with the Planning
Board.
Genie Kelleher of 227 Essex Street addresses the Commission and expresses her concern
about increasing the water in the pond if the Kelleher Pond project never gets done. Dick
explains that this is designed to accommodate that but if they do not do that project and
replace the pipes there should not be any increase in the flooding in the area. Lang notes
that the Commission is responsible to make sure that this project does not add to the
flooding issues that are already in the neighborhood.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 9 of 15
Reilly states that she would like to see more active language in the Operation and
Maintenance Plan.
Lang suggests a site inspection as there is a lot going on in the plan. Members agree.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to June 24,2008 pending a site visit on June 14,2008 at 8:45
a.m. Reilly seconds the motion. The motion carries 5-0.
New: ReQuest for Amended Order of Conditions - Settlement Plan - Chapman's
Corner Estates Subdivision - DEP File #5-862 - Matthew Kavanau2h & Manor
Homes at Whitehall. LLC
Maxner reads the legal notice.
Bob Griffin, Bill Manuell, Matthew Kavanagh, Dennis Crimmins, Matt Watsky, Henry
Bertolon, David Carnevale, Tom Alexander are present for the applicant's team.
Bob Griffin addressed the Commission and explains that after the original Order was
issued by the Commission in 2005 they have reviewed the plans and have addressed the
concerns of the neighbors, the Conservation Commission and the abutters through a
series of negotiations. He explains the location of the 30 acre site that includes 7
different parcels on Hale Street, Boyles Street, Eisenhower Avenue and Birch Woods
Drive, where 44 Boyles Street is owned by Mr. Kavanagh and the rest of the parcels are
owned by Manor Homes at Whitehall, LLC.
Griffin explained the drainage routes for the site as well as the resource areas found on
site. He goes onto to explain the differences between the 2005 plan and the plan now
before the Commission and provides a sheet detailing the major differences between the
two plans, noting that the old plan called for 38 house lots (5 existing) and the new plan
call for 27 new house lots with 5 existing for a total of32 lots all together. He explains
that the layout looks similar but it is significantly different as they pushed the roadway
back so that the houses are going to be constructed further from the wetlands, noting that
with the reduction in lots there is less impervious surface on the site.
Griffin also explains that they have combined Detention Pond lA and IB and explains
the previous location of them and the new proposed location. He explains that the site
still has the same drainage patterns. He also notes that there is a diversion structure
proposed for the crossing, which will direct the flow in a 25%-75% split. He explains the
function of the structure and the materials used.
Griffin explains that during discussions of the settlement plan the Commission members
suggested common driveways and some of those have been incorporated into the plan.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 10 of 15
Griffin explains that a big change in the new plan is the commitment of a large parcel of
land (5.9 acres around Wetland B) and to a no cut zone around some of the house lots and
explains the location on the plan. He notes that it will be documented by bounds in the
field and the plan will be recorded and filed with the Registry of Deeds. He also explains
that they hope to have a permanent conservation restriction approved by the Executive
Office of Environmental Affairs and there is possibility of the CR being transferred to the
Beverly Conservation Land Trust.
Griffin explains that they were also asked to look at a plan that did not involve crossing a
wetland but the public safety implications were unacceptable. He noted that the wildlife
consultant that the City worked with recommended a cape cod berm be installed and they
complied with that at Birch Lane. He explains that the new drainage design has been sent
to Dr. Chang and Dr. Shannahan and they have approved it. He notes that they are still
waiting to hear from CDM on behalf of the Planning Board. He briefly reviews the
settlement plan reached with the neighborhood group.
Lang opens the hearing up for public comment at this time.
Maureen Keenan of 10 Morrison Ave expressed her concern about the 25% increase in
water flow from the diversion structure that is proposed. Griffin explains how the
structure works and notes that the amount of water going to Morrison Road will be less
so it should lessen the flooding. He explains that they cannot stop the water from going in
that direction because the wetland will dry up.
Paul Hayes addresses the Commission and asks for clarification on the cape cod berm
Griffin explains that it is a berm that is low profile and provides better access for small
animals.
A resident of 5 Morrison Avenue asks what will be happening at the bottom of Wetland
A. Griffin explains that this area will be cleaned of dumped debris that should increase
its flood storage capacity.
Cademartori asks the status of the approved Order under the Act which was appealed by
the applicant due to their objections to the conditions. Crimmins states that they have
provided a draft Order of Conditions that address the applicant's objections and hopes
that the Commission will adopt it.
Cademartori asks if the width of the roadway has been considered and if there is ability to
further narrow it. Bertolon states they already got an approval by the Planning Board for
the roadway. Cademartori clarifies stating that with the recent passing of the OSRD
ordinance the width could be further reduced to 24 feet. Griffin states that this issue has
been discussed and considered by the Planning Board's traffic engineer and the City
Engineer and the width as proposed is preferred for traffic and emergency vehicle safety.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 11 of 15
Atty. George Hall, independent counsel for the Commission, recommends that he and
Maxner draft some conditions that can be reviewed by the applicant and the Commission.
He notes that he will be on vacation for a couple of weeks.
Atty. Hall notes that reference was made during the course of the meeting that meetings
were held with members of the Commission. He explains that as their counsel he held
meetings to update them on the progress of the settlement issues in executive sessions
and met with a wetlands specialist as well, which the applicants were aware of. He notes
that this is the first time that the full Commission has reviewed this settlement plan.
Cademartori questions who the beneficiary of the drainage easement is. Griffin explains
that it will be the homeowners association and the City of Beverly so they can have the
ability to get in there if they need to.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to June 24, 2008. Reilly seconds the motion. The motion
carries 5-0.
New: 44 & 30 Bovles Street - Lot 27 - Construct a Sin2le Familv Dwellin2 - Matt
Kavanau2h - & 30 Bovles Street Trust
Maxner reads the legal notice.
Bob Griffin, Matt Kavanagh, Bill Manuell and Dennis Crimmins are present for the
applicant's team.
Griffin addresses the Commission and explains that this proposal is to building a single-
family house, driveway, deck, and patio and pool area. He notes that this plan conforms
to the settlement plan for the cluster subdivision just discussed.
Griffin reviews the drainage calculations for the site and notes that the impervious
surface on the site is slightly less than what they are assuming for the drainage
calculations for the area. He also explains that they are proposing a small retaining wall
in the back of the property along the NDZ as a permanent demarcation of that no cut zone
He also notes that this will be recorded on the deed for the property. He also explains
that they will install erosion control measures behind the wall.
Griffin also explains that they are proposing to install screening vegetation along the
driveway next to the detention pond.
Maxner refers to the erosion control asking if it is the limit of work line and if they are
clear-cutting the site to that line. Griffin explains that the settlement plan contains a
forestry clause, which calls for a requirement to bring in an arborist to review each lot in
an effort to save as many trees as possible and that is a requirement for this lot as well.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 12 of 15
Cademartori asks if there is a need for the overflow device since they are filling. Griffin
explains that they would rather have it in case of a big storm. He explains that it will
discharge at the property boundary and runs over land.
Maxner clarifies that the drywell is for the roof runoff. Griffin states yes. He explains
the pitch of the driveway reviews the elevations.
Reilly asks what maintenance is involved in the detention pond. Griffin explains that
there is crushed stone on the bottom that will have to be cleaned out and replaced and the
vegetation should probably be cut twice annually.
Squibb suggests that the Commission visit the site since this is the first house before the
Commission for this subdivision. Reilly agreed that she would like to see it because the
situation predates her service on the Commission.
Cademartori explains his concerns about the location of this lot and the use of a retaining
wall that leads to a steep slope and a wetland, as he believes this to be a marginal piece of
property and believes these types of parcels aren't acceptable for development.
Lang opens the hearing up for public comment at this time.
Joan Murphy asks if the retaining wall will be permanent. Lang explains that it will be
part of the Order of Conditions.
There being no further questions or comments regarding this matter, Paluzzi moves to
continue the public hearing to June 24, 2008 pending a site inspection scheduled for
Saturday, June 14,2008 at 9:30. Reilly seconds the motion. The motion carries 5-0.
Old/N ew Business
21 Short Meadow Road - Enforcement Issue
Maxner explains that Joan Murphy again alerted her that there was excavation occurring
at this address and she went out there and talked to the owner. She explains that she sent
the owner a letter informing them to file an RDA and she never heard from them. She
notes that the owner is here this evening.
Ms. Patricia Derino addresses the Commission and explains the work that they did on
their property and states that she did not think that they were in the area near the wetland.
Lang explains that the regulations call for certain distances and they have to get approval
to do work on the site because it is within the 100-foot buffer zone to a wetland. Lang
notes that everything that they did is probably allowable so they will not have to remove
it, but they still should get the application in. He suggests that the Commission visit the
site.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 13 of 15
The Commission schedules a site visit on Saturday June 14,2008 at or about 10:00 a.m.
Kiosk Grant - Essex National Herita2e Grant - Fundin2 Decision
Maxner explains that the City applied for a $5,000 grant and was awarded only $2,500
for the construction and installation of informational kiosks at various open space parcels
throughout the City. She notes that the City of Beverly has promised to contribute
$3,000 cash to the project. She suggests that the Commission contribute some of their
funds towards the project and explains the signage they are proposing and the locations in
Sally Milligan Park, Beverly Common, and Tall Tree Drive, for the Centerville school
trail. She notes that all of the areas are under the care and custody of the Conservation
Commission.
Lang suggests that they could get more signage for their money if they reduced the size
of the signs. Maxner explains that they chose the sizes based on the proposed locations
and the size of the trailheads and projected usage.
Lang states that he is hesitant to spend money on this at a time when the City is having a
hard time funding teachers.
Maxner notes that the Commission's time is swallowed up by the permitting process and
there is not much time left to manage and care for the property under its direct custody
and this is a way that that they can contribute to management and education. Discussion
ensues regarding options for funding, size and locations of proposed signs.
Cademartori moves to approve the expense of$500.00 to donate toward the Kiosk
project, with the recommendation that they consider smaller signs and possibly more
signs than originally proposed. Reilly seconds the motion. The motion carries 5-0.
OSRD - Beaver Pond Road & Ordinance Amendment
Maxner reports that the Council recommended keeping the 100 foot buffer areas around
primary conservation resources. Brief discussion ensues regarding the amendments to
the OSRD Ordinance.
43 Paine Avenue. Diana Mieches - Landscape Plan Review
Maxner presents a landscape plan for 43 Paine Avenue, which depicts some plantings
within the outer limits of the 100-Foot Buffer Zone. She notes that all of the plants
proposed are native and will be installed among existing trees, understory and saplings.
She asks if the homeowner needs to file a formal application for this work. Members
review the plan and discuss the work. It is agreed that no formal application is needed as
long as the extent of planting in the Buffer Zone does not exceed what is shown on the
plan.
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 14 of 15
Approval of Minutes
The minutes of the Conservation Commission meeting held on February 19, 2008 were
presented for approval. Paluzzi moves approval of the February 19, 2008 minutes as
presented. Cademartori seconds the motion. Reilly abstains. The motion carries 4-0-1.
The minutes of the Conservation Commission meeting held on March 11, 2008 were
presented for approval. Paluzzi moves approval of the March 11, 2008 minutes as
presented. Reilly seconds the motion. The motion carries 5-0.
The minutes of the Conservation Commission meeting held on April 1, 2008 were
presented for approval. The Commission tabled the matter until the June 24, 2008
meeting.
Orders of Conditions
105-107 Preston Place / Pole Swamp Lane. DEP File #5-971- John Soursourian
Maxner suggests that she draft an Order of Conditions for the Commission to approve at
the June 24th meeting. Members agree to this approach.
53H Trask Street. DEP File #5-975 - William Bates
Members discussed potential conditions and agree to Standard Conditions and the
following special conditions:
1. As agreed by the applicant during the June 10, 2008 public hearing, there shall be
a 30-Foot No Disturbance Zone from the edge of the newly replicated wetland
line.
2. Weather resistant monuments shall be installed at 20-foot intervals along the limit
of the No Disturbance Zone bearing the following language: "No Disturbance of
Any Kind Beyond This Point Per Order of the Beverly Conservation
Commission" .
3. As agreed by the applicant during the June 10, 2008 public hearing, the number of
proposed trees within the 30' No Disturbance Zone (Buffer Zone Restoration
Area) shall be doubled to fourteen (14), to total eight (8) White Pine and six (6)
Red Oak and shall be disbursed so as to re-vegetate throughout the width of that
zone.
4. Prior to house related construction, the following shall be completed:
o The wetland replication area shall be staked out in the field and in order to
preserve as many mature healthy trees the final configuration shall be
determined in the field by the project wetland scientist and the
Conservation Agent.
o The wetland replication shall be executed as noted on "Wetlands
Mitigation Plan", Sheet C4 to be revised as detailed in the June 4, 2008
Beverly Conservation Commission
June 10, 2008 Meeting Minutes
Page 15 of 15
letter from Wetlands & Land Management with attached June 5, 2008
Revised Wetland Replication Summary and Planting Schedule and in
accordance with Beverly Wetlands Protection Regulations Section V. D.
2. a) - j), and every phase of such shall be directed and monitored by a
qualified wetland scientist. House construction may commence as soon as
the wetland replication is completed.
Paluzzi moves to approve the Order of Conditions for 53H Trask Street, DEP File #5-
975. Cademartori seconds the motion. The motion carries 5-0.
Adjournment
There being no further business to come before the Commission this evening, Paluzzi
moves to adjourn the meeting. Reilly seconds the motion. The motion carries 5-0.
The meeting adjourns at 10:30 p.m.