2009-08-11
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
August 11,2009
Conservation Commission
Chair, David Lang, Vice Chair, Tony Paluzzi, Bill Squibb, Dr.
Mayo Johnson, Gregg Cademartori and Mary Reilly
Members Absent:
None
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
Massachusetts.
Certificate of Compliance
Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC
Maxner explains that she has received a draft of the conservation easement from the applicant's
Attorney it is being reviewed by the City Solicitor. She recommends that the matter be
continued to the September 1, 2009 meeting. Johnson moves to continue the matter to the
September 1, 2009 meeting. Paluzzi seconds the motion. The motion carries 6-0.
New: 159 West Street. DEP File #5-899 - Helen Grela
Maxner states that the Commission will recall issuing an Order of Condition for landscaping
improvements, terrace sitting area, reclaiming coastal bank from lawn to natural plantings and
carving stairs into the existing ledge of the Coastal Bank to access the beach, as well as
landscaping improvements and naturalized plantings within Buffer Zone to BVW. She notes that
she has conducted a site inspection and found the site to be stable and in compliance with the
Order and the approved plan. Maxner recommends the Commission issue a Certificate of
Compliance.
Lolly Gibson, Landscape Architect provides a brief overview of the work done to enhance the
BVW, coastal bank plantings and methods for carving the stairs into the ledge. She notes that
she has worked with the homeowner's landscaper to educate him about taking care of the
plantings that are within the Commission's jurisdiction.
Paluzzi moves to issue a Certificate of Compliance for 159 West Street. Reilly seconds the
motion. The motion carries 6-0.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 2 of 12
ReQuest for Determination of Applicabilitv
New: 60R River Street - Desmond Yacht Club - Desmond Trust
Mr. Desmond is present.
Maxner reads legal notice.
Mr. Desmond addresses the Commission and explains that he is proposing to excavate a 25' x
36' area at the travel lift slot to install a boat wash runoff collection system. He explains that
DEP and EP A require this. He notes that the system that they are proposing is similar to the one
that the Jubilee Yacht Club has.
Paluzzi asks how much excavation is expected for the project. Desmond states that they will dig
about six inches down with a surface area of 900 square feet. He notes that the existing asphalt
and excavate will be taken off site.
Reilly asks where the runoff water will go. Desmond explains that it will be stored in 55 gallon
drums.
Lang asks if the water will be recycled. Desmond explains that the water will be recycled and
there will be no effluent to the river. He explains that the effluent will be pumped from the sump
pump. Desmond explains that they expect to wash 70-75 boats per year.
Reilly asks if this is typically done at the end of the boating season. Desmond states yes but
there are instances where boats get washed during the season but it's not routine.
Squibb asks if Desmond has any information on the filtering system that is proposed. Desmond
states that they have not yet chosen a system but they are looking at the FURRH system that the
Jubilee is using. He also noted that it will be a portable system no matter what they choose. He
explains that a disposal company will remove the material. He estimates that 70 boats would
result in 110 gallons of water.
Lang suggests that Desmond submit the paperwork on the system that they choose and if the plan
changes due to retrofitting and such they would have to come back to the Commission for
review. Desmond agrees.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a
Negative 3 Determination for 60R River Street with a condition that the applicant provide
literature on the final system choice and that further review is necessary by the Commission if
the project changes in any way. Reilly seconds the motion. The motion carries 6-0.
Recess for Public Hearim!:s
Paluzzi moves to recess for public hearings. Reilly seconds the motion. The motion carries 6-0.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 3 of 12
Notices of Intent
Cont: 114 Hart Street - Jeff Lawler
Maxner explains that the applicant has requested that the matter be continued to the September 1,
2009 meeting. She notes that the applicant is still working with the neighbors on the final
configuration of the retaining wall. She also notes that a file number has not yet been issued by
DEP.
Paluzzi moves to continue the public hearing to September 1, 2009. Squibb seconds the motion.
The motion carries 6-0.
Cont: 55 Abbott Street - Tim Duncan
Bill Manual is present for the applicant.
Manual addresses the Commission and explains that at the last meeting the Commission
requested a planting list in connection with their proposed project for several landscape and
walkway improvements within the 100-Foot Buffer Zone to Coastal Bank and a small portion of
Land Subject to Coastal Storm Flowage. He also notes that a site visit was held and the
Commission requested some revisions. He explains that they have revised the plans. He
explains that the timber stairs will be removed and a poured concrete wall will be installed in
place of a masonry wall.
Squibb asks if the same thing will be done on the other side. Manual explains that it will be the
same methodology.
Maxner asks if the buttress wall will be removed. Manual explains that it will be removed.
Maxner also notes that erosion control plans have been submitted.
Squibb asks if a new fence will be installed along or on top of the wall. Manual explains that it
will be installed and notes that the existing chain link fence is pretty beat up and they will most
likely use vertical posts and re-grout the holes. Squibb asks if the gates will remain and notes
that he would like for the applicant to submit a final fence design. Manuell states the gate will
probably remain.
Reilly notes that the plant list includes honeysuckle and notes that it is an invasive plant and not
native. Manual explains that it was selected for aesthetics noting that in this location it should
be fine, but if this were an inland site they would not recommend it. Hugh Collins who is
present at the meeting states that he would strike that from the list.
There being no further questions or comments regarding this matter, Johnson moves to close the
public hearing. Paluzzi seconds the motion. The motion carries 6-0.
Cont: 16B & 16 Bavview Avenue - Robert & Michael Hubbard
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 4 of 12
Bob Griffin, the Engineer and Jeff Tucker the Landscape Architect for the project are present at
the meeting.
Griffin addresses the Commission and explains that they have proposed to reconstruct an
existing wooden stairway, install 8' x 12' concrete landing deck on existing ledge outcrop,
manage/remove invasive species and install native plants and grasses on the Coastal Bank and
Land Subject to Coastal Storm Flowage at 16B Bay View and construct a wooden stairway for
beach access and manage/remove invasive species and plant additional native specimens on the
Coastal Bank and Land Subject to Coastal Storm Flowage at 16 Bay View Avenue. He also
explains that they have proposed invasive species control on the site and they have submitted
supplemental information as requested. He notes that they would use pressure treated ACQ
made for decking. He also notes that there is one change to the layout of the stairs at 16 noting
that the previous design had a straight run and they have put a jog in it to protect a Linden tree.
He also notes that all of the work will be done above the mean high water mark and
accomplished manually. He further explains that there was a comment at the previous meeting
stating that the work would be below the MHW mark and he verified that it would not but that
portions will be in the V Zone. He notes that they made some changes to the planting list noting
that they have changed the proposed Rosa Ragusa to Virginia Rose.
Tucker addresses the Commission and provides photos of the vegetation on the site from various
views. He notes that there is Japanese Barberry, Virginia Creeper, Bittersweet, noting that they
are concerned that it grows rampant, and is supported by Honeysuckle. He notes that they need
to trim both invasive and desirable plants to understand what they need to do to manage the
vegetation, noting they will know better when they get a good look at it.
Tucker suggests that they try to manage or maintain this and recommends that they cut it back
and get rid of the Bittersweet. He also notes that there are other species interspersed throughout
and they would cut that back as well.
Paluzzi asks how far they would cut them back. Tucker explains that rejuvenation pruning
would be done noting that it may look like you killed the plant but it will flush back out. Paluzzi
asks if the Bittersweet would be removed by the roots. Tucker states that they will do that if they
can find the roots.
Reilly asks how often they would have to manage them. Tucker explains that it would have to
be every year or every other year depending on the growth.
Lang expresses concern that while these owners may maintain the area, new owners might not
and suggests that this matter be left for the new owners to address. Griffin states that he
understands the concern but notes that they would like to do the major part of this project now
and suggests that future owners be given a summary of what is going on with the coastal bank
and that maintenance needs to be done.
Reilly suggests that the Commission limit what is cut back.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 5 of 12
Lang questions how they would deal with the removal of the Bittersweet. Tucker explains that it
could be cut to the ground level noting that there are a number of factors that would have to be
considered.
Johnson states that he does not see how the Commission could approve disturbance in the No
Disturb Zone or on the Coastal Bank which does not know the difference between native and
non-native plants, but that it is currently stabilized. He notes that it is not a terribly great spread
for that area and recommends that it be left alone. Tucker notes that the concern is that invasive
species are engulfing the native plants that are doing the stabilizing and if left unmanaged, the
good plants will eventually die off.
Lang opens the hearing up for public comment at this time.
Rene Mary, 274 Hale Street, addresses the Commission and suggests that the Commission issue
a perpetual Order of Conditions that the new owners would have to abide by.
Squibb questions what kind of notification the new owners would have. Griffin explains that he
would recommend a written summary. Squibb suggests that Griffin submit a draft of what he
and Tucker recommend.
Cademartori states that he would have preferred that they propose cutting back the invasive
species and stopping a little from the top of the coastal bank and enhance the coastal bank area.
He notes that there is a substantial amount of the coastal bank area that is used for lawn currently
and he thinks it more advantageous to enhance the coastal bank with native plants.
Griffin suggests that he go back and talk to the owners about this idea.
Lang states that he would like to see more revisions to the plans for the top of the coastal bank on
both parcels. He notes that there is already a significant house at 16 Bayview and another
significant house is proposed for 16B and most of the coastal bank is lawn and more mitigation
is needed for the level of incursion into the bank and the NDZ.
Griffin states that they have been sensitive to keeping the house out of the 100-foot buffer zone.
Johnson states that with regards to 16 Bayview he is sympathetic to that and he is not sure how
long the trail going down to the beach has been there or how it could be justified. He also noted
that the walkway for 16B has been in existence and he would be in favor of that. He stated that
he is not in favor of the concrete slab that is proposed to cover the rock.
Griffin explains that the goal of the concrete pad is to put a chair there and enjoy the view.
Squibb states that he feels that the stairs would be an asset but the view can be enjoyed elsewhere
on the property without the concrete pad in the coastal zone. Griffin explains that lots 14, 16 and
16B would all have the ability to use the stairs.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 6 of 12
Lang reviews the concerns of the Commission regarding the concrete pad.
Johnson notes that there are subtle differences between improving coastal bank vegetation and
vista pruning and he feels that this is vista pruning.
Maxner requests an annotated set of the photographs that Tucker reviewed with the Commission
this evening.
Reilly asks for research on Bittersweet and whether it will come back in the future. Tucker
suggests that he will look into whether there is a better way to manage this. Lang notes that there
is an aggressive management program at the Beverly Airport using DEP approved pesticides that
may provide some guidance.
Paluzzi states that he would like to see the concrete pad eliminated from the plan or significantly
reduced in size from 8 x 12.
There being no further questions or comments regarding this matter, Paluzzi moves to continue
the public hearing for 16 and 16B Bayview Avenue to September 1, 2009. Reilly seconds the
motion. The motion carries 6-0.
New: Herrick Street - Beverlv Hospital- Northeast Health Svstems
John Dick of Hancock Environmental is present for the applicant.
Dr. Johnson recused himself from discussion of this matter and leaves the room.
Maxner reads legal notice.
Dick addresses the Commission and explains that the applicant is proposing to reconfigure the
helipad and parking area and incorporate stormwater treatment at Beverly Hospital. He explains
that the end result will be a reduction in the impervious surface on the site, noting that they are
cutting away a significant amount of paving on either side of the helipad. He explains that
Hospital employees use the Herrick Street lot and they are proposing to move the existing
helipad 300 feet to the north corner of the parking lot. He noted that they are rearranging the
parking area. He notes that no work will be done in the 25 foot NDZ. He also notes that debris
will be removed from the embankment and significant clean up will be done on the site. He
notes that there is no DEP file # issued at this time and it is under review.
Reilly notes that the proposal indicates that 20-30 trees will be removed from the enbankment.
Dick explains that they propose to clear trees to the extent that they interfere with navigation of
the helicopter.
Lang recommends that the Commission visit the site.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 7 of 12
Squibb suggests that the landing approach be on the hospital side. Dick notes that it depends on
the weather and alternatives have been considered and this proposal is the most favored.
Squibb notes that the helicopters are quite loud and come into the site quite frequently and it
seems to be even closer to an apartment building.
Reilly states that she would like to have a narrative description of the proposal with more
information on the alternatives that were explored.
Lang opens the haring up for public comment at this time.
Paul James of 120 Herrick Street addresses the Commission and expresses his concerns about the
noise from the helicopters. He notes that it doesn't make sense to relocate the helipad off to the
side next to an apartment building that acted as a sound barrier.
Dick explains that they are proposing to move it so as not to disrupt services to the community in
transporting patients to other facilities. He states that if they have to repair the existing one they
would have to suspend the service.
Edmund Lydon from Beverly Hospital addresses the Commission and explains that the hospital
owns the Bartley House Apartment and employees of the hospital occupy it.
Dick explains that they looked at five other options for this project, but other options would
reduce parking on the site. He states that there is another option behind the Medical Arts
building but it is not convenient for the neighbors in that area.
Dick also notes that the Fire Department supports the proposed location.
Maxner requests additional information on a waiver request for removing trees from the 25'
NDZ.
Lydon states that this is rather time sensitive for the Hospital.
Discussion ensues regarding a site visit by the Commission. Due to varying schedules of the
members individually will visit the site at their convenience.
There being no further questions or comments regarding this matter, Paluzzi moves to continue
the public hearing to September 1, 2009. Reilly seconds the motion. The motion carries 5-0.
Johnson returns to the meeting at this time.
New: Cabot Street. Map 78 Lot 18 - Ronald Nadeau
Nadeau is present at the meeting.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 8 of 12
Maxner reads legal notice.
Maxner explains that the applicant is proposing to construct a single-family house within Buffer
Zone to BVW, and the Commission will recall issuing an Order of Conditions for the same back
in July 2005. She explains that the applicant has been trying to sell this property but has not
been able to and the Order has expired. She notes that this proposal is pretty much the same
proposal that was previously approved by the Commission and the applicant would like to get
approved again. She also notes that if the buyer wants to change anything they will have to
come back to the Commission.
Squibb questions why they are asking for an Order of Conditions if they are trying to sell it.
Nadeau explains that the approval would help in getting a buyer and marketing the lot.
Maxner reviews the previous Order of Conditions and the Special Conditions. She notes that a
previous fill pile has been removed from the site.
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 close the
public hearing. Reilly seconds the motion. The motion carries 6-0.
Abbreviated Notice of Resource Area Delineation
New: 232-234 Essex Street - Walker Realtv
John Dick of Hancock Associates is present for the applicant.
Maxner reads the legal notice.
Dick addresses the Commission and explains that the parcel is the rest of the Kelleher property
that a portion of which has been permitted for a child day care center which is now built. He
explains that he has flagged the site and notes areas where flags are located and that there are
several series that the Commission will probably want to review in the field. He explains that the
applicant is preparing to submit an OSRD Subdivision application to the Planning Board, and
with this ANRAD is fulfilling a requirement of that OSRD process.
Cademartori requests that a composite sheet be submitted to the Commission for ease in reading
the plan. Dick agrees to produce a composite plan.
Lang suggests that the Commission visit the site.
Lang opens the hearing up for public comment at this time.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 9 of 12
Katherine Myers of 176 Conant Street addresses the Commission and expresses concern about
the upkeep of the site. She notes that the strip around the pond was always well maintained by
the Kelleher's in the past and since the property has changed ownership maintenance is not being
done.
Ginny Brophy of Essex Street addresses the Commission and expresses her concern about the up
keep of the site as Ms. Myers just spoke of.
Lang notes that the neighbors have legitimate concerns but the purpose of the hearing this
evening is to delineate the resource areas. He notes that Walker Realty Trust owns the property
and they should be maintaining it. Dick notes that he will inform his client of these concerns.
There being no further questions or comments regarding this matter, Paluzzi moves to continue
this matter to September 1, 2009 pending a site inspection on August 15,2009 at 7:30 a.m.
Reilly seconds the motion. The motion carries 6-0.
Old / New Business
Cont: Continued Discussion with Beverlv Conservation Land Trust on the Chapman's
Corner Conservation Restriction
Maxner states that there is nothing new to report and requests that the matter be continued to
September 1, 2009. Paluzzi moves to continue the matter to September 1, 2009. Reilly seconds
the motion. The motion carries 6-0.
New: 100 Sam Fonzo Drive. DEP File #5-643 - Enforcement Order Amendment-
Discussion
Maxner explains that the enforcement order (EO) required mitigation for unauthorized wetland
filling that occurred as part of the Aero Manufacturing building project governed by the Order of
Conditions, DEP File #5-643. She notes that the EO ordered that enhancement plantings be
completed no later than 60 days from May 21, 2009 - this was based on observations made in
April. She explains that when the contractor went to look over the area in late June he called to
let her know how overgrown this area was and that he would have to cut down the existing
vegetation to install the plants as ordered. She notes that she told the contractor that she would
report this to the Commission to get further guidance as to the appropriate actions from here.
Maxner shows the Commission photos of the area. She recommends that the Commission could
amend the EO request and request identification of the invasive species and that the applicant
submit a management plan to the Commission.
Lang agrees. Reilly suggests that another option for the Commission would be to look for
another location on the property for mitigation. Cademartori agrees noting that the applicant
should be able to come up with some sort of mitigation plan.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 10 of 12
Paluzzi moves to amend the Enforcement Order for 100 Sam Fonzo Drive to have a new plan
submitted in time for the September 1, 2009 meeting. Reilly seconds the motion. The motion
carries 6-0.
New: 75 Sam Fonzo Drive - Electric Insurance - Tree Removal ReQuest
Maxner reports that there are two dead hickory trees that are adjacent to the natural isolated
wetland and the parking lot that pose a hazard to parked cars. She also explains that there is a
large deciduous tree that is leaning toward the detention basin and may pose a hazard to the basin
and its berm plantings. She notes that the Electric Insurance Company has requested permission
to remove these trees. Discussion ensues regarding the trees and proximity to the wetland and
detention basin. Maxner provides photos of the trees for Commission review.
Johnson moves to allow the owner to remove the trees subject to the following conditions:
y Only the leaning portion of deciduous tree adjacent to the detention basin shall be
removed, the remainder of the tree shall be left in tact;
'" All of the trees shall be cut at their base and the stumps left in the ground, not to be
ground or dug out.
'" Ifwork related to the removal of these trees disrupts or alters the land in the 100-foot
buffer zone, that area shall be returned to its original condition.
Paluzzi seconds the motion. The motion carries 6-0.
New: Cummim!:s Center - Tree Removal and Replantim!: - Discussion
Maxner explains that the Commission will recall permitting an RDA allowing removal of two
large pine trees and stabilization and replanting of the sloped area to the north of the Shoe Pond
walkway within the Buffer Zone to the bank near the 500 Building. She explains that she
received a telephone call reporting that they cut trees adjacent to the pond so she conducted a site
inspection to determine if it was indeed the permitted trees. She explains that she observed three
large pine trees that were cut on the pond side of the walkway that were not part of the RDA.
She notes that she informed Mr. Drohosky that she would have to report this to the Commission
and mentioned that the Commission may require replacement plantings, so he went ahead and
replanted trees - see attached photos. She asks if the Commission wishes to take further
enforcement action or require additional mitigation. She further explains that a large trunk on
the site fell over and took out part of the bank. She shows the Commission photos of the area and
the trees that were replanted.
Cademartori suggests that they cut the trunk at the base and replace the root ball back into place
as it is a significant part of the bank. Reilly suggests that the applicant be notified that the next
time they cut trees without the approval of the Commission they will be subject to fines.
Members agree. Maxner states they may wish to plant around the root ball for aesthetic reasons,
members agree that plantings are appropriate if they wish as long as they are native species.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 11 of 12
New: Thompson Farm Wav Subdivision - Lot # 6 House Construction Permittim!:
Discussion
Maxner explains that the Commission will recall permitting the stormwater control and treatment
system for a 6-lot subdivision off of Cole Street. She notes that only Lot # 6 contained buffer
zone to BVW where the stromwater detention basin is located, and at the time the proposed
house was shown outside the buffer. She explains that Tom Carnevale is preparing to construct
the last house in the subdivision on Lot # 6 and the house will still be outside the buffer zone but
he will need to operate machinery within the buffer zone to excavate for the foundation and such.
She explains that he stated that he needs only about 10 feet. She asks the Commission if any
further approvals from the Commission are needed for this work.
Cademartori suggests that they install erosion control measures to be inspected by Maxner prior
to construction. Members agree to allow equipment to be operated within the first 10 feet of the
buffer zone and recommend that Maxner inspect erosion control before work.
Orders of Condtions
55 Abbott Street
Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard
Conditions and the following Special Conditions:
1. When finalized and prior to installation, the replacement fence design along the seawall
shall be submitted to the Conservation Commission for review.
2. As agreed to by the applicant's landscape architect at the August 11,2009 meeting,
Honeysuckle - Lonicera shall be eliminated from the planting plan. A native substitute
may be used.
Reilly seconds the motion. The motion carries 5-0-1 with Lang abstaining.
Cabot Street - Ronald Nadeau
Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard
Conditions and the following Special Conditions:
1. As noted on the approved plan, lawn is not permitted within the 25-Foot No-Disturb
Zone.
2. Prior to any work commencing, the wetland shall be re-flagged in the field and inspected
by the Conservation Administrator.
3. Should the proposed plan change in any way, the applicant or current owner shall submit
plan revisions prior to implementation in the field to the Conservation Commission for a
Minor Modification or Amendment, depending on the scope of changes.
4. Granite or concrete markers/monuments shall be placed along the limit of the 25-Foot
No-Disturbance Zone at 25-foot intervals.
Beverly Conservation Commission
Meeting Minutes - August 11, 2009
Page 12 of 12
Reilly seconds the motion. The motion carries 6-0.
Approval of Minutes
The minutes of the Beverly Conservation Commission meeting held on May 12,2009 were
presented for approval. Reilly moves to approve the minutes. Johnson seconds the motion. The
motion carries 4-0-2 with Lang and Paluzzi abstaining.
The minutes of the Beverly Conservation Commission meeting held on June 23,2009 were
presented for approval. Johnson moves to approve the minutes with amendments. Paluzzi
seconds the motion. The motion carries 5-0-1 with Lang abstaining.
The minutes of the Beverly Conservation Commission meeting held on July 14, 2009 were
presented for approval. Paluzzi moves to approve the minutes with amendments. Johnson
seconds the motion. The motion carries 5-0-1 with Cademartori abstaining.
Adjournment
There being no further business to come before the Commission this evening, Johnson moves to
adjourn the meeting. Reilly seconds the motion. The motion carries 6-0.
The meeting adjourns at 9:30 p.m.