2009-09-22
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
September 22, 2009
Conservation Commission
Chair, David Lang, Vice Chair, Tony Paluzzi, Bill Squibb, Gregg
Cademartori and Mary Reilly
Members Absent:
Dr. Mayo Johnson
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library 34 Essex Street,
Beverly, MA.
Certificate of Compliance
Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC
Maxner explains the City Solicitor is still reviewing that conservation easement. She
recommends that the matter be continued to the October 13,2009 meeting. Paluzzi moves to
continue the matter to the October 13, 2009 meeting. Reilly seconds the motion. The motion
carries 5-0.
New: 254 Essex Street.DEP File #5-837- YMCA of the North Shore
Maxner explains that the Commission will recall receiving a request for Certificate of
Compliance for the Teen Center project at the YMCA Sterling Center. She explains that most of
the building was outside of the buffer zone and she had listed a few issues that needed to be
addressed before a Certificate of Compliance could be issued, which included: curbing was not
installed, no report on work in stream was provided, information as to conformance with the
stormwater operation and maintenance plan was not included. She explains that since then she
has conducted a couple of site visits and all of these issues have been addressed. Curbing was
installed, catch basins and storm ceptors have been cleaned and invoice provided for the file.
She also notes that a stream work report from DeRosa was received this afternoon. Maxner
recommends that the applicant be required to adhere to the "Inspection & Maintenance Program"
as prepared by Meridian Engineering dated March 2, 2004 in perpetuity.
Paluzzi moves to issue a Certificate of Compliance with conditions as recommended. Reilly
seconds the motion. The motion carries 5-0.
ReQuest for Determination of Applicabilitv
New: 39 Beaver Pond Road - William Frost
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 2 of 11
Maxner reads legal notice.
Brian Farmer, Northeast Environmental Engineering and William Frost are present.
Farmer addresses the Commission and explains that Mr. Frost is looking to do a septic system
upgrade. He explains that they are proposing to perform a series of test pits to evaluate soils in
anticipation of upgrading the system, and work will be conducted within the 100-Foot BZ to
BVW associated with Norwood Pond. He reviews the plans and notes the areas that are within
the BVW. He notes that Bill Manuell flagged the area last week. He explains the area and they
will do six test pits on the site.
Cademartori asks if this is new construction standards or an upgrade. Farmer states that they are
going to try and meet new construction standards and expand the capacity of the system. He
explains that there was a house built in 1991 on the site. He said that it is his intention to have a
reserve area.
Lang questions the depth of the ground water. Farmer notes that he is unsure but can surmise it's
depth based on the adjacent wetland.
Lang notes he refers to a 50-foot setback and asks if that is a Board of Health setback. Farmer
explains that it is a 50-foot setback from any body of water that is not connected to a tributary to
a drinking water supply.
Squibb asks about surface water. Farmer explains that he walked the site noting the surface
water and the BVW are connected and explains their location relative to the septic system. He
notes that he believes that the leeching field is 6 feet above ground water. He also states that
there could be a pumping system with the new system. He notes there are a private well and a
swimming pool on site, which will dictate setbacks further.
Maxner asks what machinery will be used to dig the test pits. Farmer states that typically a
rubber tired backhoe is used.
Lang questions if there is a specific seasonal time frame required for the test perks by the state.
Farmer states that they are following municipal regulations. Lang notes that there is seasonal
low water now and it is higher in the spring. Farmer agrees and notes that soil conditions will
tell that tale.
Lang opens the hearing up for public comment at this time.
Maxner requests that they take care to avoid the root systems of the trees up on the slope.
Farmer agreed noting that he did not think that any trees would be in the way and they are going
to try to stay away from the slope as much as possible.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 3 of 11
Maxner states that erosion control should be installed on the site and inspected prior to any work
being done.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a
Negative 3 Determination and that erosion control should be installed on the site and inspected
prior to any work being done. Reilly seconds the motion. The motion carries 5-0.
Cademartori noted that this is not confirmation of any wetland flagging. Maxner agrees to note
that on the application and reminds that the applicant will have to submit a fully surveyed plan
and a Notice ofIntent for actual septic system work. Farmer and Frost recognize this obligation.
Recess for Public Hearim!:s
Paluzzi moves to recess for public hearings. Johnson seconds the motion. The motion carries 5-
O.
Notices of Intent
Cont: 114 Hart Street - Jeff Lawler
Maxner explains that the applicant has requested that the matter be continued to the October 13,
2009 meeting, as they are still working on the placement of the retaining wall. Paluzzi moves to
continue. Reilly seconds the motion. The motion carries 5-0.
Cont: Herrick Street - Beverlv Hospital- DEP File #5-1009 - Northeast Health Svstems
John Dick of Hancock Environmental is present for the applicant. Edmond Lydon is also
present.
Dick addresses the Commission and notes that they opened this hearing on August 11, 2009 and
that the last hearing was cancelled because the Commission did not have a quorum of eligible
members. He also notes that the Commission requested an alternatives analysis for the proposed
project and they have provided that for this meeting. HE explains that seven sites were
considered and reviews the chart that they have provided. He notes that proposals, all located on
the south-westerly section of the campus. He notes that A, B, and C are in the same parking
area, and D, E, and F are on the back side of Woodland Road. He also notes that another
consideration was site G concerning how many parking spaces will be lost on the site. He
explains that option A was submitted as the best option for the project.
Dick explains that they considered the number of trees that will be removed for the project and
noted that the other options had considerations such as buildings and wires and neighbors to
consider. He also explains that the FAA requires an unobstructed flight path to Boston.
Dick reviews the plans and notes that they are proposing to remove or top 29 trees, which are
mostly Norway Maples and trash trees. Of those, there are two or three 22"oak trees and a
chestnut that will need to come down.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 4 of 11
Lang questions why they would not located the heliport in the location that it now located, noting
that it would be a better option and there would not be such a significant loss of trees. Dick
explains that a section of the parking lot where the heliport is presently located is sinking in. He
states that the proposed location is a safer location and explains the area and the plans. He notes
that they will be removing pavement from the site and replace it with impervious surface. He
notes that the heliport will be concrete.
Reilly asks if there was any testing of what is on the site underneath the pad. Dick explains that
has not been due to cost considerations.
Maxner notes that they intend to reclaim the present heliport area for parking and asks if they
have any plans to make the site safer. Dick explains that the corners will be vegetated.
Lang notes that Ms. Reilly's question was not answered and asks if they did any test borings to
determine what material is there. Dick states that they did not do any test borings. He explains
the condition of the existing pavement and the site. He notes that it is a public safety issue. He
also notes that the hospital talked to the Beverly Fire Department and they have to be able to get
a truck up there. He also notes that helicopters are much larger today and that is a concern as
well. He also notes that they had to consider that the helipad would have to be closed while the
construction is going on and that would be a detriment to the community. He stresses that the
existing helipad is grossly deteriorating. He explains the condition and notes that there is less of
precipice and they are trying to avoid the break of the slope.
Squibb asks about the drop off in the slope. Dick explains that a small retaining wall will be
built. He notes that they are trying to reclaim as much of the site to retain parking. Squibb
questions why the helipad could not be located in area C. Dick explains that it is close to the
Beverly Housing Authority facility.
Reilly asks if there are any plans to replace the trees that are being removed from the site. Dick
states that he recommends against planting any trees because of wind and the slope noting that
native trees hold down the slope. He also notes that they are not protecting a pristine site and
they are not doing any harm to the site.
Reilly states that she feels that mitigation should be included in the plan because of the amount
of trees that are being removed from the site. Dick states that mitigation would be huge and it
would not make any difference to the site.
Maxner refers to the stormwater management report and asks how they are addressing
redevelopment standards. Dick explains that they are improving the site by relinquishing a catch
basin that they do not need.
Lang expresses his concern about runoff. Dick states that there will be a level spreader at the
edge of the site.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 5 of 11
Cademartori expresses his concern that a catch basin is being eliminated and therefore
stormwater quality leaving the site will not meet the standards.
Lang opens the hearing up for public comment at this time.
Rene Mary of274 Hale Street addresses the Commission and asks if there is any chance they
could change the plans and have the helicopters land on the roof of Beverly Hospital like they do
at Mass General. Dick explains that the building is not structurally sound for that. Mary asks
why the helicopters are bigger. Dick explains that there is more equipment on them and more
staff required to fly in them. He states that they are pretty much flying ambulances.
Squibb asks if they are doing work in the 25' NDZ. Dick states that they are not even close to the
NDZ, noting that most of the trees are at the top of the slope. Maxner notes that the proposed
plan shows clear cutting to the edge of wetland.
Joan Murphy addresses the Commission and suggests that they consider adding to the parking
garage and landing the helicopters on the roof of that. Dick states that the garage was not
designed for that. Murphy notes that when additions are built for parking garages extra supports
are added to hold the weight of additional floors.
Lang states that he feels that the answers to the Commission's questions have been evasive and
feels that this is not a plan that they can approve. He states that he is not if favor of this plan this
evening noting that he would like to see a plan that has the trees slated to be removed marked.
He also questioned the alternative analysis provided to the Commission noting that it should
have been more detailed relative to the wetlands regulations, which have not been addressed at
all.
Dick replies that it seems unfair for the Commission to start asking for additional information at
this point in the hearing process.
Lang states that he would have liked a table or maybe a narrative, which is the usual practice
when submitting wetland alternative analysis. Discussion ensues regarding the proposed
location. Dick states that they chose the location because it is the best alternative in terms of
public safety.
Reilly asks ifDEP has commented on the project. Maxner states that she did not think so noting
that the web site said it was still under review. Dick notes that DEP issued a file number for the
project.
Maxner asks for clarification that they are not cutting trees in the NDZ. Dick states that as far as
he can see he does not think that there are any trees in the Buffer Zone. He states that they are
located at the top of the slope and on the edge of the pavement.
Rene Mary asks what the cost of the proposed helipad will be. Dick states that it is estimated at
$130,000. Lang asks what the cost would be for location B. Dick states that they did not do a
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 6 of 11
cost analysis on that site. Lang notes that Dick just stated that it would be cost prohibitive to
locate the helipad on that site but there was no cost analysis done. Dick clarifies that he said it
could be cost prohibitive and that there are safety issues with putting it on that site. Lang states
that he does not see a big difference in site A or B because there are parking areas all over that
campus.
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: 21 Riverview Street- build 2ara2e. pier and float. resurface drivewav. remove trees-
Charles Mann
Charles Mann is present. Mary Rimmer is also present for the applicant.
Rimmer addresses the Commission and explains that they have submitted revised plans, which
show the relocation of the proposed pier, based on feedback from the Commission at the site
visit. She explains that they moved the pier to the existing concrete pad resulting in a lot less
disturbance. She explains that the dock will be 90 feet long with a 30-foot gangway.
Rimmer also explains that the plan calls for a small field stone patio and notes the location on the
plan. She also notes that they are reconfiguring the existing driveway and notes that location as
well.
Maxner questions where the top of the coastal bank is on the plan. Discussion ensues regarding
the location and the markings used on the plans. Rimmer also reviews locations of where trees
will be removed on the site. She notes that they are proposing to plant trees on the site noting
that the intention is to improve the site by managing invasive plant species.
Lang asks if the applicant is in a hurry to get this plan approved noting that he would like to see a
revised plan with a mitigation line on it before it gets approved. Rimmer agreed noting that it
was the intention all along as it is built into the plan and a revised plan will not be a problem.
Mr. Mann states that he would like to start removing invasive species before the winter. Lang
notes that if it is approved at the next meeting he should have all of November and December to
do that work.
Lang opens the hearing up for public comment at this time. There is no one present who wishes
to comment on the matter.
There being no further questions or comments regarding this matter, Paluzzi moves to continue
the public hearing to October 13,2009 to allow the applicant to submit a fully revised plan.
Reilly seconds the motion. The motion carries 5-0.
New: 5 Ouincv Park Avenue. DEP File #5-1013 - Donna Altshuler
Maxner reads the legal notice.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 7 of 11
David Jaquith is present for the applicant. Donna Altshuler is also present.
Jaquith addresses the Commission and explains that the applicant is proposing to repair an
existing concrete seawall the facing of which has fallen away. He explains how they will repair
the cracks and pour a new base apron will be built on top of the existing apron.
Jaquith explains that the house was built in the early 1900's and explains the history of the area.
He also notes that the wall predates Chapter 91.
Reilly asks how the work will be done. Jaquith explains noting that all work will be done from
the house side and the work will be done by hand.
Lang notes that all material will have to be removed from the site. Jaquith notes that they will be
refilling what is there now and the contractor should be fairly aware of the potential for trouble if
things are not done correctly.
Jaquith explains that the concrete will be pumped from a truck noting that they are fairly skilled
but the work has to be done carefully. Discussion ensues regarding the access to the property for
the cement truck and the locations where it will be used.
Cademartori asks how long the repairs will last. Jaquith states that it should last 30-35 years.
Maxner reviews the areas on the plan that are to be repaired. Jacuith explains that they will use
4,000-pound strain per inch concrete, which is less of a water mix. Discussion ensues regarding
the area of the driveway that will be access by the cement truck. Reilly expresses concern about
the poured concrete escaping the form and spilling on to the beach. Discussion ensues regarding
methods and protections for cement work. Members express their concern over proper handling
of the cement.
Lang asks if the Commission wants to visit the site. Maxner notes that the applicant submitted
several photos for review. Members review and discuss the photos.
Lang opens the hearing up for public comment at this time. There is no one present who wishes
to comment on the 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 5-0.
Old / New Business
New: North Beverlv Brook Draina2e Project
Rick Bruno of CDM is present.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 8 of 11
Bruno addresses the Commission and explains that Maxner and Lang visited the site
on Friday morning to observe the stretch of stream between Russell Street and Kittredge Street.
He explains that the elevations within the culvert and sediment removal therein are lower than
called for in the plan, and therefore downstream elevations were adjusted accordingly and now
side slope grading and stabilization is necessary. He notes that he instructed the City and it's
consultant CDM to provide cross sections for proposed work and narrative to the Commission
for discussion this evening. He explains the area and the amounts of sediment in the culvert.
Bruno notes that he talked with Mike Collins and they decided to cut back the side slopes and
explains the locations. He notes that they will loam and seed the area and install an erosion
control blanket and wetland seed mix, which will be an additional cost to the city. He states that
they will try to do this so as to not disturb the abutting property.
Cademartori notes that this bank treatment was discussed during the initial public hearing noting
that the Commission was in favor of this but it was not incorporated into the plans by the City or
CDM.
Bruno states that he contacted all of the abutters in the vicinity about this issue. He also notes
that if they leave the bank in that condition now it will erode in the future and trees will come
down.
Cademartori asks if the DEP has been contacted, as there is a Superseding Order of Conditions
on the site. Bruno states they have not yet contacted DEP on this issue, but wanted to approach
the Commission first under the local Ordinance permit.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a
minor modification for the North Beverly Brook Drainage Project. Reilly seconds the motion.
The motion carries 5-0.
New: 2009 DCR Recreational Trails Grant Application
Maxner explains that the Planning Department is writing a grant on behalf of the Open Space
Committee seeking money to purchase lampposts for the Bass River Walkway that runs behind
Innocenti Park and the McPherson Youth Center. She notes that the City had installed the 10
electrical footings along the pathway in the hopes of installing lighting in the future once
finances allowed and both DPW and Recreation Department are thrilled with the prospect of
finishing this part of the walkway and are in full support of the grant. She explains that the
installation will be done by DPW and will count toward the City's match in the grant proposal.
Maxner notes that she has prepared a letter of support from the Commission to submit with the
application and Chairman Lang should sign it.
There being no further questions or comments regarding this matter, Paluzzi moves to approve
the letter of support for the DCR Recreational Trails Grant Application. Reilly seconds the
motion. The motion carries 5-0.
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 9 of 11
Orders of Condtions
Herrick Street - Beverlv Hospital- DEP File #5-1009 - Northeast Health Svstems
Lang states that while he respects the applicants concern for public safety but he is concerned
about the way this has been presented with virtually no concrete information. Discussion ensues
regarding how to permit the project. Lang notes that he is going to vote against this because
there is not enough information to approve this.
Maxner suggests that the Commission could craft an order that will address the concerns of the
Commission. She suggests that they could recommend no cutting and no trimming in the NDZ.
Maxner notes that Dick stated that he would be back for a modification if they find that
additional trees need to be removed from the site.
Discussion ensues regarding the proposed site and possible alternatives. The Commission
discusses possible reasons for denying the project. Lang notes that information submitted is
insufficient to make a decision and there is a significant amount of disturbance in the NDZ, and
the lack of a mitigation plan.
Maxner questions if the project could be denied on both the state and local level. Discussion
ensues regarding this question.
Cademartori states that he is concerned that if the Commission denies the project the applicant
can go to DEP and get a superseding Order of Condtions. He recommends that that the
Commission re-open the hearing and inform the applicant that it was looking like the project was
going to be denied and the Commission is trying to work with the hospital. Extensive discussion
ensues regarding the required information that is needed to permit the project. Maxner agrees to
place this request in writing.
Paluzzi moves to re-open the public hearing for Herrick Street - Beverly Hospital - DEP File #5-
1009 - Northeast Health Systems and continue to the October 13,2009 meeting. Cademartori
seconds the motion. The motion carries 5-0.
Paluzzi moves to request that the applicant submit additional information as discussed. Reilly
seconds the motion. The motion carries 5-0.
5 Ouincv Park Avenue
Discussion ensues regarding potential conditions for the project.
Paluzzi moves to issue Standard Conditions and the following Special Conditions:
1. A wetland scientist or other equivalent qualified professional shall be chosen from the
following three consulting firms to serve as an environmental monitor to oversee all
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 10 of 11
activities related to pumping of concrete to ensure that no material migrates beyond the
forms or existing edge of the seawall footing. Concrete forms to contain pumped
concrete shall be installed for inspection prior to pumping. The environmental monitor
shall receive a copy of this Order of Conditions and shall be on site during all pumping
activities:
a. Neve-Morin Group - Topsfield, MA
b. Wetlands & Land Management - Danvers, MA
c. Gulf of Maine Research Center - Salem, MA
2. No machinery shall be operated on the beach. All work to be accomplished manually.
3. 72 hours notice shall be provided to the Conservation Agent prior to any concrete
pumping activities.
4. The existing fallen concrete slab shall be removed from the beach and disposed of
properly.
5. All debris from work related to repairing the seawall shall be removed from the resource
area and disposed of properly.
6. No mortar, concrete or other materials or tools shall be washed off into the ocean.
Paluzzi moves to approve the Order of Conditions for 5 Quincy Park Avenue. Reilly seconds the
motion. The motion carries 5-0.
Approval of Minutes
The minutes of the Conservation Commission meeting held on August 11, 2009 were presented
for approval. Paluzzi moved to approve the minutes as submitted. Reilly seconds the motion.
The motion carries 5-0.
Other Business
Tree Removal ReQuests
36 Cole Street
Maxner explains that she has received a request for tree removal at 36 Cole Street. She explains
that the tree is inthe NDZ and the owner requested this a couple of years ago but she asked him
to hold off and see how it does. She reports that the tree is hanging over near the neighbor's
fence.
Paluzzi moves to allow the tree removal at 36 Cole Street. Reilly seconds the motion. The
motion carries 5-0.
National Grid - Tree Removal ReQuest
Beverly Conservation Commission
September 22, 2009 - Meeting Minutes
Page 11 of 11
Maxner explains that she walked the area of the Shoe Pond on McKay Street and on Cross Lane
with a National Grid arborist. National Grid is proposing to cut down some trees that pose a
hazard to their overhead utilities. She estimated that 75% of them are visibly dead or on the way
and the rest have weak points in the trunks. She explains that National Grid does not grind the
stumps but they can cut the trunks and she thought that would be good dead wood for the habitat
in the area.
Paluzzi moves to allow National Grid to remove the trees at Shoe Pond and Cross Lane. Reilly
seconds the motion. The motion carries 5-0.
1 Bathin2 Beach Lane
Maxner reports that, while she was on vacation, the owners came into the Planning Department
asking to cut down two trees on the property. She explained that when she visited the site she
found that the City issued a demolition permit and somehow the Conservation approval was
missed.
She explained that she told the contractor to stop work and recommends that the Commission
issue a Cease and Desist Order and request a Notice ofIntent be filed.
Paluzzi moved to issue a Cease and Desist Order for 1 Bathing Beach Lane and that a Notice of
Intent be filed with the Commission. Reilly seconds the motion. The motion carries 5-0.
Adjournment
There being no further business to come before the Commission this evening, Cademartori
moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 5-0.
The meeting adjourns at 10:00 p.m.