2009-05-12
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
May 12, 2009
Conservation Commission
Ian Hayes, Bill Squibb, Dr. Mayo Johnson, Mary Reilly, and
Gregg Cademartori (arrived at 8:00)
Members Absent:
David Lang, Tony Paluzzi
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Hayes explains that the Commission needs to vote to continue the agenda items from April 21,
2009 that was cancelled due to the lack of a legal quorum to May 12, 2009 as follows:
1. Certificate of Compliance
a. Cont: Sam Fonzo Drive, DEP File #5-643 - Fonzo Realty, LLC
b. New: 448 Essex Street, DEP File #5-554 - Corinne & Robert Holt
2. Request for Determination of Applicability
a. New: 448 Essex Street - hot top front lawn to create parking area -Robert &
Corinne Holt
b. New: 11 Cole Street - repair existing structure, and construct free standing
gardens- Brian Deeley
c.
3. Notice of Intent
a. Cont: 75 West Street - raze and construct new single family home - Justin Belliveau,
Wind over Development LLC
b. New: 46 River Street - replacement of gravel over existing dirt/gravel parking area-
National Grid/Mass Electric Co.
c. New: 1 Water Street - demolish and rebuild existing building - Joseph Leone/Black
Cow Restaurant
4. Old/New Business
a. Cont: 37 Sohier Road - Russell Banks - Follow Up Discussion re: Duck
Pond
b. Cont: Beverly Conservation Land Trust - Discussion Re: CR for Chapman's Corner
Subdivision
c. New: 480-486 Rantoul Street - Order of Conditions - Discussion to reestablish new
wetland replication deadline
d. New: Request for Expenditure Approval- Essex Heritage Kiosk Grant Partnership
e. New: Glen Urquhart School- Landscaping Project Permitting Discussion
f. New: 31 Riverview Street, DEP File #5-921 -Request for Extension -Beverly Harlow
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 2 of 17
Johnson moves to continue the agenda items from the April 21, 2009 Conservation Commission
meeting to May 12, 2009. Reilly seconds the motion. The motion carries 4-0.
Certificate of Compliance
Cont: 100 Sam Fonzo Drive. DEP File #5-643 - Fonzo Realtv. LLC
Peter Ogren, Hayes Engineering is present for the applicant.
Maxner explains that the Commission continued this matter to allow a site visit to be conducted
and conditions observed. She noted that she visited the site with Peter Ogren and the area and
adjacent slope is fairly well vegetated and removing the fill might cause more disruption than
necessary.
Maxner asks Ogren to speak to the other areas of non compliance. Ogren explains that the
detention basin is slightly undersized and explains the capacity of the basin as built. He notes
that the area is fairly thickly grown in with dense vegetation. He suggests that the Commission
issue an enforcement order requiring that the base of the slope immediately adjacent to the
wetland be planted. He also noted that the fore bay needs to be cleaned out and they could reach
that from the parking area with a backhoe. He also states that they will clean up the toe of the
slope and clean up the trash.
Johnson states that he thinks that this is a reasonable way to handle this. Maxner agrees and
notes that the enforcement order would give the option to refine some grading within the basin
itself and she states that she is in favor of enhancing the wetland at the base of the slope as
opposed to removing the fill.
Hayes asks how much material would be needed for the grading. Ogren states that he estimates
15 yards or so of material would be needed depending on what the grade of the basin was
intended.
Reilly asks how many plantings they propose. Maxner states that the enforcement order could
require plantings that are dense and that could be prescribed by the Commission. Ogren suggests
that Maxner confer with Elizabeth Wallace in suggested plantings. Members agree that Maxner
will prepare the planting plan to be ordered in the enforcement order.
There being no further questions or comments regarding this matter, Johnson moves to issue an
Enforcement Order for 100 Sam Fonzo Drive, DEP File #5-643 - Fonzo Realty, LLC. Reilly
seconds the motion. The motion carries 5-0.
Maxner states that a deadline should be set for the work to be done. Members suggest that 60
days is appropriate.
Reilly moves to issue a Certificate of Compliance for 100 Sam Fonzo Drive, DEP File #5-643 -
Fonzo Realty, LLC. Johnson seconds the motion. The motion carries 4-0.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 3 of 17
Cont: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC
Peter Ogren is present for the applicant.
Maxner explains that this matter was continued several times to allow for a site visit when the
snow cover melted. She noted that she conducted a site visit to investigate the vernal pool post-
construction with Libby Wallis they did not find any evidence of breeding activity this year, but
pools may fluctuate in activity year to year. She also noted that the matter of the Conservation
Easement needs to be addressed.
Ogren states that he tried to contact Marshall Handley but was unable to. He states that he will
call again and has asked Maxner to contact him as well.
Johnson moves to continue this matter to the June 2, 2009 meeting. Reilly seconds the motion.
The motion carries 4-0.
New: 448 Essex Street. DEP File #5-554 - Corinne & Robert Holt
Corinne Holt is present.
Maxner explains that the Commission has received a request for Certificate of Compliance for an
Order of Conditions issued in August of 1996 governing the construction of a 20' x 20' detached
garage within the Buffer Zone to BVW. She notes that she has conducted a site inspection and
the garage has been constructed in substantial compliance with the Order and approved plan,
measuring 23' x 20' with the extra 3' being horizontal to the wetland rather than perpendicular
so the garage is not closer to the wetland than originally proposed. She also noted that the site is
stable and she observed no outstanding issues on site.
Johnson moves to issue a Certificate of Compliance for 448 Essex Street, DEP File # 5-554,
Corrine & Robert Holt. Reilly seconds the motion. The motion carries 4-0.
New: 675 Hale Street. DEP File #5-838 - Ralph V02el
Keith Gazaille of Aquatic Control Technology is present for the applicant.
Maxner explains that the Commission issued an Order of Conditions for an aquatic management
program and the applicant is requesting a Certificate of Compliance as well as a blanket
perpetual condition that allows them to continue treating the pond without having to re-file a new
NOI every 3 to 5 years.
Gazaille addresses the Commission and explains that they have successfully controlled the
excess growth of rooted and floating vegetation and aquatic algae. He explains the program
and notes that it is more of a maintenance effort from this point forward.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 4 of 17
Hayes asks if there is a fair amount of nutrient runoff from the surrounding watershed. Gazaille
explains that the pond has a small watershed but he believes the driving factor is it's relatively
shallow depth of 2 1Iz to 3 feet which makes additional sediment or organic build up rapid.
Johnson asks if other Conservation Commissions have granted approvals in perpetuity.
Gazaille has had other Commissions condition a Certificate of Compliance in similar ways and
states that they do not deviate from what was approved under the Order of Conditions and would
continue to follow all protocol, as the Special Conditions require.
Reilly asks if this is something that is done annually. Gazaille states that it is done annually,
early in the season. Reilly suggests that they be required to submit an annual report of their
findings. Gazaille states reports can be provided.
Johnson moves to issue a Certificate of Compliance for 675 Hale Street, DEP File #5-838 with
the following perpetual conditions:
1. The applicant shall notify the Beverly Conservation Commission (BCC), the Department
of Environmental Protection (DEP), and down-stream abutters in writing at least 72 hours
before any activities (including pond draw down and chemical applications) are to begin
on the project site. Notification to abutters shall include the names of every
resident/owner at each downstream property. At this time, the applicant shall provide the
BCC, the DEP and the downstream abutters with the name(s), addressees) and telephone
number(s) of the person(s) responsible for ensuring on-site compliance with this Order of
Conditions and his or her alternative.
2. The pond shall be drawn down 3-6 inches prior to any chemical treatments.
3. The applicant shall not cause any downstream flooding from pond draw down.
4. The applicant shall place sandbags around the dam prior to any chemical treatments to
temporarily prevent any leakage from the dam in the event of a rain event during the
chemical treatment period.
5. The applicant shall provide the BCC and the DEP with annual monitoring reports for
each of the three years detailing the chemical treatments and their effectiveness.
6. The use of fertilizers on the applicant's lawn abutting the pond is hereby prohibited.
7. Five (5) years from the date of this Certificate of Compliance, project representatives
shall appear before the Conservation Commission to discuss and reevaluate the progress
and success of this management program.
Reilly seconds the motion. The motion carries 4-0.
ReQuest for Determination of Applicabilitv
New: 448 Essex Street - Corinne & Robert Holt
Corinne Holt is present.
Maxner reads legal notice.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 5 of 17
Corinne Holt addresses the Commission and explains that they are proposing to pave a section of
the front yard to create a stable parking area. She notes that she has already spoken to a couple
of contractors for estimates that have explained that they will raise the far side of the paved area
so that runoff is pitched toward the street and not the wetland. She also notes that they also
indicated to her that they would be able to save the tree by paving around its base and leave it
undisturbed and the far edge of the paved area will be flush with the westerly edge of the house
and will be 40 feet from the wetland as measured in the field by Ms. Maxner.
Maxner states that the area is not in the NDZ and will have a minimal effect on the site. Maxner
also suggests that the Commission issue Negative # 3 Determination with the special condition
that a silt fence shall be placed along edge of the 25-Foot No Disturbance Zone to prevent
erosion of exposed soils into the resource area, and shall be inspected by Conservation
Administrator prior to work.
Johnson moves to issues a Negative #3 Determination with special conditions as suggested by
Maxner. Reilly seconds the motion. The motion carries 4-0.
New: 11 Cole Street - Brian Deelv
Brian Deely is present.
Maxner reads legal notice.
Brian Deely addresses the Commission and explains that he is proposing to repair the rear
support foundation of his house as it was rotting, and he replaced it with mortared concrete
cinder blocks and he built self-contained freestanding garden boxes. He explains that he
supported the structure internally and reframed it and installed a door. He noted that this was
done with a building permit from the City of Beverly.
Maxner noted that Mr. Deely indicated that his long term plans call for the addition of a deck 10
feet on the back of the house.
Mr. Deely states that he is proposing to repave the driveway and make in smaller than it
presently is. He explained that it would be from the edge of the driveway to the back stairs to the
house. He stated that it would reduce the pavement and he may plant a 4x4 garden where
pavement is being removed.
Hayes asks how high the deck will be. Deely states that it will be 82-84 inches high and he plans
to leave the under space open and it will be supported by two or three sono tube footings.
There being no further questions or comments, Johnson moves to issue a Negative #3
Determination. Reilly seconds the motion. The motion carries 4-0.
New: R 5 Netherton Avenue - Joanne Smith
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 6 of 17
Maxner reads legal notice.
John Dick of Hancock Environmental addresses the Commission and explains that the applicant
is asking the Commission to affirm the wetland line and whether the area is subject to the local
Wetlands Ordinance in the anticipation of building a single-family house.
Dick explains that the site was subdivided by the Planning Board per a plan by Essex Survey in
1976 and explains the history of the site. He notes that two houses belong to the Smiths and
there is one lot remaining that is 25,000 s.f. and it is tight space but he believes that the lot is
grandfathered. He explains that an Order of Conditions was issued in 1987 to build a house on
this lot and the Order was extended through June of 1995. He explains that there are some
zoning issues and a variance would be required for side setbacks at the very least. He invited the
Commission to visit the site noting that he does not want to continue with the process if
encroachment into the 25-foot NDZ is an issue. He notes that his client is trying to determine if
a house can be built on the site without expending a lot of money doing so.
Maxner notes that Planning Director Tina Cassidy raised several issues about this lot and they
include length of time in common ownership, definition of frontage and calculation oflot area
with regard to percentage of wetlands.
Hayes states that he would have a real problem with encroaching on the NDZ especially
considering that the encroachment is not small, it seems that most of the Zone would be
impacted. Dick states that is true as the setbacks are tight and the wetland takes up a majority of
the site. Dick also notes that they would be willing to do plantings on the site and remove some
historic fill within the wetland as mitigation.
Maxner states that she would like to see current and accurate wetland delineation in the field as
the plan submitted with this application is from the 1980's.
Reilly states that she agrees with Hayes noting that it would be a large infringement within the
NDZ. Squibb notes that he would not be inclined to approve a house on the lot. Maxner
reminds the Commission that the applicant has asked that the Commission affirm the wetland
delineation not whether it would approve a house and recommends the Commission answer the
requests in the application as it was submitted. She recommends the Commission continue and
schedule a site visit. Hayes states that a site visit at this juncture would be a waste of the
Commission's time especially if there is a question whether the lot is buildable by zoning. Reilly
agrees.
Dick suggests that he perform additional research as to the zoning issues and come back at the
next meeting with the results and maybe at that time the Commission can schedule a site
inspection. Members agree with this approach.
Johnson moves to continue this item to the June 2, 2009 meeting. Reilly seconds the motion.
The motion carries 4-0.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 7 of 17
Cademartori arrives.
New: 19 Old Town Road - Wayne & Michelle Mastin
Maxner reads legal notice.
Miranda Gooding, Glovsky & Glovsky, is present representing the applicants who are also
present. She addresses the Commission and explains that they are proposing to install an above
ground pool and deck within the 100-Foot Buffer Zone to a wetland. She notes that the proposed
deck would be attached to the existing deck with a set of stairs leading down to the lawn.
Gooding explains that in 1992 the Commission released the Conservation Restriction for this
subdivision that shows on the plan in this application. She explains that she found that
information at the Registry of Deeds Book 11589 Page 431.
Maxner states that she visited the property and verified the measurements and from the north
towards the rear corner of the house it is 23 feet from the wetland so there would be a 2- foot
encroachment on the NDZ. She also noted that the existing stairs are 18 feet from the edge of
the wetland. She also noted that a cluster of trees off in the rear corner of the house may be in
the way of the new pool. Mr. Mastin states that they would take those down and replace them
with plantings.
Hayes recommends that they plant native wetland plantings. Maxner agrees and suggests they
be planted in the low-lying area.
Reilly requests that they plant a tree to replace the three trees that they are taking down.
Discussion ensues regarding the possible locations of plantings. Discussion ensues as to the
proximity of the proposed structures to the wetland.
There being no further questions or comments, Johnson moves to issues a Negative #3
Determination with the following Special Conditions:
1. The proposed pool and deck shall not be placed less than 25 feet from the edge of the
wetland.
2. Native shrub plantings shall be installed around the perimeter of the deck and may be
installed within the 25-Foot No Disturbance Zone. Shrubs shall be chosen from the
enclosed native plant list with the aim of improving wildlife habitat value of the Buffer
Zone.
3. At least one native deciduous tree, chosen from the enclosed native plant list, shall be
planted within the first 25 to 35 feet of the wetland anywhere on the property to mitigate
for tree removal to accommodate the pool and deck.
4. The plastic purple play structure shall be removed from its current location immediately
next to the wetland to a location at least 25 from the wetland.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 8 of 17
5. Prior to work commencing silt fence erosion control shall be installed, entrenched below
grade, between the pool/deck and the wetland to prevent migration of any loose materials
into the wetland. The Conservation Agent shall be contacted once the silt fence is
installed so that it may be inspected for proper installation.
Reilly seconds the motion. The motion carries 5-0.
Recess for Public Hearin2s
Johnson moves to recess for public hearings. Cademartori seconds the motion. The motion
carries 5-0.
Notice of Intent
Cont: 75 West Street - Justin Belliveau. Windover Development (applicant) & Hefni
Family Trust (owner)
Curt Young is present for the applicant and owner.
Young addresses the Commission and explains that this proposal involves demolition of the
existing house and building a new single-family house, driveway, garage and associated
appurtenances within 100-Foot Buffer Zone to Coastal Bank. He notes that the Commission
conducted a site inspection and requested that the large 84" tree slated for removal be saved and
worked into the house design. He explained that he met with the city arborist and Mayer Tree
Service and they concluded that the beech tree in question is structurally unsound and is showing
signs of rot and disease.
Young explained that they redesigned the site plan to bring the driveway in at a different angle to
save the large trees located in the front yard. He noted that the house is 14 feet closer to the bank
than the original plan but still shifted away from the bank than existing conditions. He also
explains that they had originally moved the house 60 feet from the bank but there is still a
substantial distance from the bank.
Reilly asks what the closest point to the 100-foot buffer zone is. Young explains that it is 42 feet
to the top of the bank and notes the areas on the plan.
Cademartori asks what landscaping they have planned for the site. Young explains the
landscaping plans which are not finalized at this point but he does not anticipate much in the way
of major landscaping within the Buffer Zone but possibly immediately around the house.
Hayes opens the hearing up for public comment at this time.
Rene Mary addresses the Commission and expresses her concern about the age of the tree that
they will be removing noting it could be 200 years old.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 9 of 17
There being no further questions or comments regarding this matter at this time, Johnson moves
to close the public hearing. Reilly seconds the motion. The motion carries 5-0.
New: 46 River Street - National Grid/Mass. Electric
Scott Eagan of AECOM consulting is present for the applicant.
Maxner reads legal notice.
Eagan addresses the Commission and explains that the proposal involves placing new gravel
over existing gravel parking area, relocating and consolidation of stockpiling area as well as
enhancement plantings along the edge of the Bass River within 100-Foot Buffer Zone to Coastal
Bank, 200-Foot Riverfront Area and Land Subject to Coastal Storm Flowage. He states that the
Commission conducted a site inspection and recommended some changes and information.
Eagan stated that the Commission also made a request that the bank be cleaned of debris and
trash along the southwest corner of the restoration planting area, next to the capacitors and that
has been done. He explained that the National Grid legal department handles the Chapter 91
license issues and he has been told that it would be either a non-reporting situation or a minor
modification but the legal department will confirm this.
Cademartori states he is concerned that no stormwater treatment exists and none is proposed
under this project and it seems that management of runoff was an after thought. Eagan explains
that with regards to the grading the site to better control runoff to adjacent properties, which
eventually reaches the river, he talked to the contractor and they will regrade the gravel so that
the existing drainage will go through the vegetated area if that is what the Commission prefers.
He notes that they will not be increasing the impervious surface on the site. He explains that
previous dirt piles were large and they are proposing smaller piles of 600 s.f. in covered bins.
Eagan states the Commission asked for an alternatives analysis for the storage of materials on the
site and explains that there are other site in Beverly but they are too small and there is no area for
storage. He provides a review of the analysis that was given to the Commission in writing. He
explains that small amounts of materials will be stored there. He also suggests that they could
put a metal roof over the storage area so there would be no runoff to worry about.
Discussion ensues regarding snow removal and management.
Hayes opens the hearing up for public comment at this time.
Sean Murphy of Bass Haven Yatch Club notes that there is a sandbar that is a result of
stormwater sediment deposition that is hampering navigation in this vicinity and anything that
can be done to better manage this deposition would be helpful.
There being no further questions or comments regarding this matter, Johnson moves to close the
hearing. Reilly seconds the motion. The motion carries 5-0.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 10 of 17
New: 1 Water Street - Joseph LeonelBlack Cow Restaurants
Peter Ogren is present on behalf of the applicant.
Maxner reads legal notice.
Ogren addresses the Commission and explains that the applicant responded to an RFP issued by
the City of Beverly for the reuse of the former McDonald's site. He states that they need a
Chapter 91 License and there are some designated port issues along with requirements by DCR
related to the grant that the City received to buy the property.
Ogren explains that the entire site is a paved area and the plans call for the demolition of the
former McDonald's building and construction of a new building to house a Black Cow restaurant
with 67 parking spaces onsite. He states that there will be a slight increase in impervious surface
on the site. He briefly explains the access to the site and proposed parking configuration.
Ogren explains that there is one change to the site plan and notes that they have been working
with the Planning Board and the Harbor Management Authority and the Parking and Traffic
Commission to create an access way from the Black Cow through the Ferry Way Landing to
utilize parking on the Harbormaster's site. He explains that a chain with bollards will be across
the driveway to limit access when it is not in use and he suspects those plans will be finalized
soon.
Ogren explains that to meet requirements of the Massachusetts Stormwater Policy area they are
proposing storm scepters and catch basins to treat stormwater runoff prior to discharge. He notes
the locations on the plan. He states that they are proposing an outdoor refrigerated dumpster on
the site.
Ogren reviews the elevations and the utilities for the project. He notes that the restaurant will
operate on the second floor and the first floor will be for public access with a marine recreation
related function. He states that the City is investigating the possibility of Whale Watch Cruises
and a Party Boat among other possible uses.
Maxner asks who will be responsible for the Stormwater Operation and Maintenance Plan for the
site post construction. Ogren explains that he is unsure at this point who will be responsible for
the operation and maintenance plan. Miranda Gooding, Chair of the Harbor Management
Authority stated that they have not got to that level of detail at this point, noting that the lease has
not been formalized because of the extensive permitting process.
Hayes asks where the snow storage will be located on the site. Ogren notes the area on the plan
and states that it is a small area and there will be times when they have to remove snow from the
site.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 11 of 17
Cademartori asks if the seawall project has to be done before the construction of the restaurant
begins. Ogren states that it would make sense to do it before the construction of the restaurant.
Reilly asks if part of the building is in the V zone. Ogren states that no portion of the building is
in the V zone.
Maxner states that she cannot find the top of Coastal Bank, 25' NDZ and 100' BZ on the plan.
Ogren states that he did not measure the top of the coastal bank or the NDZ and he is not sure if
Vine Associates did it. He explains that the designated port area is paved and requires a hard
surface to a certain point. He states that he is not sure how to apply the Beverly ordinance
regarding the NDZ.
Cademartori asks what treatment of the area between the parking areas. Ogren states that the
grades are quite close and they propose a brick walkway with edging stones.
Reilly suggests that the Commission visit the site.
Cademartori states that he would like to see the revised plan. Ogren states that they are
scheduled to have a final meeting with the Parking and Traffic Commission and the Planning
Board on May 19th. He states that he will get copies to the Commission when they are finalized.
Reilly states that she feels that the operation and maintenance plan should be more definitive and
tailored to the site and proposed uses. She states that she is concerned about the storage of
fertilizer and pesticides and asks if there is any call for that. Ogren states that it is a small
landscaped area and there would probably not be a need to store materials for it on the site.
Reilly also asks if they have plans for spill prevention and response kits on the site. Ogren notes
that DEP regulations require them and they have it in the plan.
Hayes opens the hearing up for public comment at this time.
John Silver of the Beverly Port Marina addresses the Commission and expresses his concerns
about the elevation changes to the plans relative to his site. He also expresses concern about
plans to create a walkway and handicap access.
Renee Mary, 274 Hale Street addresses the Commission and expresses her concerns about the
use of Ferry Way Landing. Ogren explains that they plan to use grass pavers and not asphalt.
There being no further questions or comments regarding this matter, Johnson moves to continue
the public hearing to the June 2, 2009 meeting, pending a site visit on May 30, 2009 at 8:30 a.m.
Reilly seconds the motion. The motion carries 5-0.
New: 40 & 100 Sam Fonzo Drive - S & D Real Estate Trust - Salvator Fonzo
Peter Ogren is present for the applicant.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 12 of 17
Maxner explains that this project needs site plan review and special permit from the Planning
Board and the applicant needs to file for these permits at least at the same time that the NOI is
submitted which has not been done. She notes that the applicant and his attorney have been
alerted of this. She reviews Section 24.4 of or local Ordinance and 310 CMR 10.05 (4)(e) of the
State Regulations relative to this requirement.
Ogren states that they are not looking to go forward with the building at this time and his client is
not looking to get those permits at this time, but they would like do some advance work in
anticipation of the building. He states that they do not have a building design at the level
required for Site Plan Review.
Hayes asks the members if they feel strongly about this issue.
Johnson states that he feels they should wait until they can follow the requirements of the
Regulations. Reilly agrees. Cademartori notes that absent of an opinion from the City Solicitor
indicating otherwise, the Commission is bound to follow and enforce the Regulations.
Hayes suggests that they look at what they need to apply for the Site Plan Review and the
Special Permit. Ogren states that they only need to have applied for those, but they are
architecturally deficient to do so at this time.
Johnson states that he feels that the Commission should be compliant with what is in the
Ordinance and Act.
Hayes recommends that the Commission not open the hearing this evening and get an opinion
from the City Solicitor.
Ogren states that he will talk with the Planning Department and his client to see what can be
done for an acceptable site plan relative to initial site preparation and grading that won't
necessarily trigger Planning Board review.
Cademartori moves that the Commission finds the application to be incomplete and that the
Commission is unable to open the public hearing at this time. Johnson seconds the motion. The
motion carries 5-0.
Old/ New Business
Cont: 37 Sohier Road - Russell Banks
Maxner explains that she prepared a draft letter containing the final findings and determination
the Commission made at the Saturday April 11th site inspection for 37 Sohier Road, regarding
the Duck Pond. She notes that members received it in their packets to review. Members agree
the letter accurately captures the Commission's findings.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 13 of 17
Johnson moves to approve the letter to send to Mr. Banks. Reilly seconds the motion. The
motion carries 5-0.
Cont: Continued Discussion with Beverly Conservation Land Trust on the Chapman's
Corner Conservation Restriction -
Maxner reports that she talked with Atty. George Hall regarding this matter and he was going to
look into it further. She states that she will contact him to see if he has any new information and
will report at the next meeting. She recommends that the Commission continue the matter to the
next meeting on June 2, 2009.
Johnson moves to continue the matter to June 2,2009. Reilly seconds the motion. The motion
carries 4-0 with Hayes abstaining.
New: 480-486 Rantoul Street - Order of Conditions - Establish New Wetland Replication
Deadline
Maxner states that the Commission will recall issuing an Order of Conditions governing
construction of parking lot with associated grading, drainage system, utilities, landscaping and
paving as part of a proposed commercial/retail development at the former Friendly's site. She
explains that this Order was appealed by the neighbor (Nancy Scialdone) and has been in
litigation, but she dropped the suite in November of2008 and the applicant is looking to start
work. She explains that the Commission issued a Special Condition requiring that the wetland
replication be completed no later than June 30, 2008, but the appeal nullified that deadline. She
recommends that the Commission reestablish a new replication deadline.
Cademartori moved to re-establish the deadline for the wetland replication for 480-486 Rantoul
Street to October 1, 2009. Johnson seconds the motion. The motion carries 5-0.
New: ReQuest for Expenditure Approval- Essex Herita2e Kiosk Grant
Maxner reports that the Commission received a letter from Kate Newhall, Associate Planner,
who has been working on completing the grant project for new kiosk's which the Commission
voted to help fund with $500.00 of its own money. She explains that the sign maker is in the
process of starting construction of the kiosks and payment will be required shortly, therefore
Newhall wants to make sure that all the cash funds are available once invoices start coming in.
Her letter summarizes her efforts to date and her request for your approval to release the
$500.00.
Cademartori moves to approve the expenditure of $500.00 for the Essex Heritage Kiosk Grant.
Johnson seconds the motion. The motion carries 5-0.
New: Glen UrQuhart School- Landscapin2 Project Permit Discussion
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 14 of 17
Maxner reports that the Commission received correspondence from Richard Harrison a parent of
a Glen Urquhart student and volunteer for the School's Food Project. She also explains that
pursuant to a message left by a neighbor of the school reporting that excavation was taking place
around the perimeter of the green house and soil stockpiling next to the stream she conducted a
site inspection. She notes that an explanatory email from Mr. Harrison was included in the
Commission's packets. She explains that the school plans on creating planting boxes around the
perimeter of the remaining greenhouse and they are excavating and bringing in suitable soil for
plant propagation and granite curbing to form the plant boxes. She explains that she instructed
the contractor to remove the piles of dirt or at least protect them with silt fence, even though
there wasn't much threat of sedimentation into the stream as the topography drained away from
the stream, and informed Mr. Harrison and Raymond Nance, the School's Headmaster, that she
would report her findings to the Commission and ask what course of action they would like to
take on this project. She questions if the Commission wants to see an after-the-fact application,
or if the site is cleaned and contained is that sufficient.
Cademartori states that this seems to be a very small project that poses no impact to the wetland
and is not in favor or requiring an application. Hayes agrees noting that as long as the site is
properly controlled an application may seem overkill. Members agree that no application is
necessary.
New: 31 Riverview Street. DEP File #5-921- ReQuest for Extension - Beverly Harlow
Maxner explains that the Commission has received a request for Extension to an Order of
Conditions issued in May of 2006 governing reconstruction of failed seawall as per existing
Chapter 91 plan by way of pre-cast interlocking concrete blocks, and backfill behind to original
grade. She notes that the applicant is requesting a one-year extension as layoffs have put them
financially unable to pursue the project.
Johnson moves to issue a one-year extension to the Order of Conditions for 31 Riverview Street,
DEP File #5-921 - Beverly Harlow. Reilly seconds the motion. The motion carries 5-0.
7 Wentworth Drive - Proposed Shed
Maxner states that the owner of 7 Wentworth Drive wants to install a shed next to his garage
within the 25' NDZ. She reviews photos of the property and asks for a consensus of the
Commission as to the location of a proposed shed next to the house within the lawn area and
within the 25' NDZ to an adjacent wetland. She questions if a Request for Determination of
Applicability should be required.
Hayes recommends that they should file for a Determination of Applicability with the
Commission. The Commission members discussed possible alternative locations for the shed
that could avoid a formal filing and agreed that if the shed were to be placed on the opposite side
of the house (the southern side of house) on the street side of the fence, no review or application
would be necessary. This area is outside of the NDZ.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 15 of 17
Members further discussed the likelihood of approving the shed in the location that you have
proposed and agreed that a denial would be likely because alternative locations to place the shed
outside of the NDZ exist on your property. Reilly notes that the Commission routinely requires
applicants to move structures out of the NDZ especially if there are alternatives, and she does not
believe the shed would be an exception to this interpretation of the regulations. Maxner agrees
to relay this determination to the homeowner.
640R Hale Street - Proposed New Sin2le Family House
Maxner explains that in response to a building permit application she conducted a site inspection
on May 11, 2009 at 640R Hale Street on Map 36 Lot 33 to determine the presence of
jurisdictional wetlands and associated buffer zones. During her site investigation she observed a
large Bordering Vegetated Wetland (BVW) located on the City-owned property just north of the
subject parcel. She notes this wetland supports vernal pool breeding and associated habitat,
which renders the 100-Foot Buffer Zone associated with the surrounding BVW a No Disturb
Zone (NDZ). Based on her measurements in the field, the outer limits (the last 25-30 feet) of
the 100-Foot NDZ falls onto the building lot at the north property corner.
She asks members for potential options on how to best protect this NDZ in the most expedient
manner. Maxner informed the Commission of the applicant's willingness to accept her field
measurements and permanently monument the limit of the NDZ in the hopes that a formal
application to the Commission could be avoided. Some discussion ensued and the Commission
voted not to require a formal application on the condition that the following requirements be
adhered to:
1. The surveyor shall meet with Maxner in the field so that she can provide the exact
location of the limit of the 100-Foot NDZ so that it can be included on the plot plan. A
copy of the revised plot plan shall be provided for the Commission's files.
2. The NDZ limit shall be protected with staked hay bales during construction. Maxner
shall approve the installation of the bales prior to construction commencing.
3. The NDZ limit shall be permanently monumented with not less than three (3) granite or
concrete bounds set equidistant from each other with two monuments installed at the side
property lines, and at least one in the middle. The tops of the monuments shall be not
less than two feet above grade to remain clearly visible in the field.
4. The No Disturb Monuments shall bear the following language facing the upland side:
"No Disturbance of Any Kind Beyond This Point Per Order of the Beverly Conservation
Commission" .
Johnson moves to approve these conditions. Cademartori seconds the motion. Motion carries 5-
O.
Beverly Parks and Recreation ReQuest to Endorse the Use of Hikin2 Trails and Open
Space on Bald Hill
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 16 of 17
Maxner explains that the Commission has received a letter from Bruce Doig requesting that the
City Council and Conservation Commission support passive recreation on Bald Hill. She notes
that there is a neighborhood dispute about this and explains that the endorsement would
reconfirm use of this Conservation Commission parcel for passive recreation and the use of non-
motorized vehicles. Discussion ensues regarding the current trail conditions and that this parcel
will be receiving one of the new kiosks funded by the grant.
Johnson moves to endorse the use of hiking trails and open space on Bald Hill for passive
recreation and the use of non-motorized vehicles. Reilly seconds the motion. The motion carries
5-0.
Orders of Conditions
75 West Street - Justin Belliveau - Windover Development
Discussion ensues as to potential conditions for the project. Johnson moves to issue Standard
Conditions and the following Special Conditions:
1. Should repairs to the seawall prove to require any type of excavation beyond the
proposed cosmetic resurfacing, the applicant shall apply to the Conservation Commission
for an Amended Order of Conditions.
2. Should major landscaping involving changes to grades or terracing be proposed within
the 100-Foot Buffer Zone the applicant shall apply to the Conservation Commission for
an Amended Order of Conditions.
3. The landscaping plan within the 100-Foot Buffer Zone shall consist of native plant
species and shall include native woody species that achieves both structural and specie
diversity. Prior to implementation the landscape plan shall be submitted to the
Commission for review and approval.
Reilly seconds the motion. The motion carries 5-0.
46 River Street - National Grid / Massachusetts Electric
Discussion ensues as to potential conditions for the project. Johnson moves to issue Standard
Conditions and the following Special Conditions:
1. The proposed Riverfront Area restoration planting shall be completed no later than June
15,2009.
2. The applicant shall contact the Conservation Administrator once the planting is complete
to schedule a site visit to observe the planted area.
3. After two growing seasons, trees shall exhibit 100% survival rate and shrubs shall exhibit
80% survival rate. Plants that do not survive to meet this criterion shall be replaced.
4. The Riverfront Area restoration planting area shall be left to naturalize and shall not be
mowed or groomed. This condition shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
Beverly Conservation Commission
May 12, 2009 Meeting Minutes
Page 17 of 17
5. The new stockpile/material storage area shall be equipped with a permanent roof to
protect material from precipitation runoff and infiltration.
6. Storage of material is prohibited beyond or outside of the new stockpile/storage area and
signage shall be installed in close proximity of this area alerting all personnel of this
requirement.
7. Snow shall be stockpiled on the street side of the new stockpile/storage area along the
chain link fence and signage shall be installed alerting all personnel of this requirement.
Reilly seconds the motion. The motion carries 5-0.
Other Business
Maxner informs the Commission that Ian Hayes has opted to not seek another term on the
Conservation Commission. Hayes states that he would like to pursue other interests, but will
remain active in environmental issues. Members express their disappointment in his leaving but
wish him well and ask him to stay in touch. Hayes states that his last meeting will be June 23,
2009.
Approval of Minutes
The minutes of the meeting held on March 10, 2009 were presented for approval. Johnson
moves to approve the minutes as amended. Reilly seconds the motion. The motion carries 5-0.
The minutes of the meeting held on March 31,2009 were presented for approval. Johnson
moves to approve the minutes as amended. Reilly 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. Johnson seconds the motion. The motion carries 5-0.
The meeting adjourns at 10:45 p.m.