2009-10-13
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
October 13,2009
Conservation Commission
Vice Chair, Tony Paluzzi, Bill Squibb, Dr. Mayo Johnson, Gregg
Cademartori and Mary Reilly
Members Absent:
David Lang
Others Present:
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street Street,
Beverly, MA.
Certificate of Compliance
Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC
Maxner explains that the Commission will recall this Certificate of Compliance is on hold
pending review from the City Solicitor's office, which was completed this week. She notes that
the Solicitor approved the draft language and she has directed the applicant's attorney and
engineer to revise the plan to depict the correct limits of the easement so that the balance of the
undisturbed land is protected. She explains that we are now waiting for a response with a final
easement and a revised plan for review and signature. She recommends that the Certificate of
Compliance be issued after the conservation easement is executed and recorded.
There being no further questions or comments regarding this mater, Johnson moves to continue
the matter to the November 10, 2010 meeting. Squibb seconds the motion. The motion carries
5-0.
Recess for Pubic Hearim!:s
Johnson moves to recess for public hearings. Reilly seconds the motion. The motion carries 5-0.
Notices of Intent
Cont: 114 Hart Street - Jeff Lawler
Maxner informs the Commission that the applicant has requested that the matter be continued to
the November 10, 2009 meeting. She explains that he is still working out issues with the
neighbors.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 2 of 16
Squibb moves to continue the matter to November 10, 2009. Johnson seconds the motion. The
motion carries 5-0.
Cont: Herrick Street - Beverlv Hospital Helipad Reconstruction - Northeast Health
Svstems
Dr. Johnson recuses himself from discussion of this matter and leaves the room.
Dick Doherty, Hancock Associates, addresses the Commission and explains the history of the
site and the decision to reconstruct and reconfigure the helipad at Beverly Hospital. He notes
that there are new FAA guidelines and they were not sure as to what exactly would be required
because of the guidelines. They have now revised the plan to adhere to the guidelines, and noted
that if they use the same spot for the helipad it would result in the loss of25 parking spaces. He
also notes that a 2004 Master Plan for Beverly Hospital provided for specific number of parking
spaces and for the safer operation of the helipad. He notes that there was some confusion on the
Commission's part as to the project and that is why they are back here tonight in response to the
Commission's request for additional information.
Doherty states that the plan provides safety, an acceptable travel path and the number of parking
spaces required, and consideration of the neighbors. He notes that there is a need to remove
some trees from the property; however, this project will reduce the impervious surface on the
site. He also notes they have provided an operations and maintenance plan and a stormwater
management plan as the Commission requested which was part of the Planning Board site plan
reVIew process.
Doherty reviews the drainage for the site and notes that the catch basin will be equipped with a
sump. He also notes that they will be repaving and regarding the site and will clean out the
existing four foot catch basin. He further notes that 460 s.f. of paving will be removed from the
site and replaced with pervious surface. He reviews the runoff and notes the direction of the
flow noting that the water will be reduced because it will seep into the grassy pervious area.
Doherty explains that 17 trees will be removed from the site. He notes that they are Norway
maples, an invasive type of tree. He explains that 11 of the trees are in the buffer zone. He also
notes that no work is expected within the 25' NDZ.
Cademartori clarified that the information presented to the Commission was insufficient noting
that Mr. Doherty just explained the Hospital did not have a clear idea of what activities would be
required in the Buffer Zone. He further notes that it appeared that the catch basins were to be
abandoned resulting in untreated stormwater flow exiting the site to the wetland.
Cademartori asks if the catch basin will require risers if it is reconstructed. Doherty notes that
they are not reconstructing the catch basins. He explains that they will bring them up a bit and
put a small curbing in and clean them out.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 3 of 16
Doherty addresses the Commission and states that the intent is to insure that the flow goes
through the catch basins. He notes that the discharge from the parking lot will be improved in
quality and peak flow.
Squibb refers to sheet 8 of the plans and notes that it appears there is a windmill in the line of
flight. Doherty reviews the flight path.
Reilly questions if the City Engineer has reviewed the plans and drainage calculations. Doherty
explains that the City Engineer has reviewed the plans on behalf of the Planning Board site plan
reivew and has recommended no changes to them.
Maxner questions if the City hired CDM to review the plans or were they reviewed in house.
Doherty states that they were reviewed in house.
Paluzzi opens the hearing up for public comment at this time. There was no one present who
wished to comment on the project.
There being no further questions or comments regarding this matter, Cademartori 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
Maxner notes that the Commission will recall the project involves several elements including
construction of a two-car garage, driveway reconfiguration, landscape improvements, tree
removal, enhancement plantings and construction of a pier, gangway and float within the 200'
Riverfront Area to the Bass River, tidal flat and coastal bank.
Mr. Mann addresses the Commission and notes that a site visit was conducted on September 19th
and he has revised the plans incorporating suggestions of the Commission. He explains that the
new plans show a revised location for the coastal bank and the 25' NDZ has been adjusted so
that work involved in the NDZ includes the terraced sitting area and native landscaping, invasive
plant removal and minimal tree removal.
Mann explains the landscaping plan. Maxner asks how they plan to stabilize the bank. Mann
explains that he plans to install a landscape fabric that will be staked in place at each planting
site.
Maxner notes that all work should be done by hand. Mann agrees.
Paluzzi 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, Reilly moves to close the
public hearing. Cademartori seconds the motion. The motion carries 5-0.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 4 of 16
New: 15 Bailev Avenue - DEP File #5-1014 - William & Janet Bresnahan
Maxner reads legal notice.
Robert Griffin of Griffin Engineering and Mr. Bresnahan is present at the meeting.
Griffin addresses the Commission and explains that the Bresnahan's are proposing to demolish
the existing single-family house and construct a new house, reconfigure the driveway, utilities
and landscaping within the 100' BZ to coastal bank and 200' Riverfront Area to the Danvers
River. He also explains that they are planning to incorporate a rain garden into the landscaping
to capture roof runoff. He notes that they will using native plantings and a conservation seed
mix as well as some impervious treatments to the sides of the driveway and walkways for further
infiltration, noting that impervious surfaces decrease from 2,880 s.f. to 2,700 s.f.
Griffin explains that there is a 25' SESD sewer easement on the northerly side of the property
that goes right through the property. He also notes that they have provided a Supplemental
Riverfront Form attached to the NO!.
Griffin explains that they will be appearing before the ZBA in about a month for a variance for
the non-conforming lot.
Reilly asks what the grade of the driveway will be. Griffin explains that it is fairly flat and he
intends to put a crown on it and pitch the sides.
Paluzzi asks what the size of the rain garden will be. Griffin explains that it will be 80 s.f.
Reilly notes that they intend to use pervious pavers for the sides of the driveway and questions
why they are not using them for the whole driveway. Griffin explains that it is a cost issue. He
notes that he is also using the pavers in the front of the walkway. Reilly asks what the width of
the driveway is. Griffin states that it is about 20 feet wide.
Maxner questions what variances they are seeking from the ZBA. Griffin explains the they are
12 1Iz feet from the front yard set back which will go to 16 where 20 is required, and on the
westerly side yard set back the 12 1Iz foot offset decreases to 1. 7 feet.
Griffin also notes that the Bresnahan's neighbors support the project.
Squibb notes that there is an SESD easement on the plan and asks if SESD has reviewed the
plan. Griffin states that they have reviewed the plan.
Maxner notes that DEP has not commented on the project yet.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 5 of 16
Reilly suggests that the Commission visit the site. Maxner suggests that the hearing be kept
open pending comments from DEP and that members could visit the site on their own if they so
choose.
Paluzzi 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, Johnson moves to continue
the matter to November 10, 2009. Reilly seconds the motion. The motion carries 5-0.
New: 22.24. & 27 Whitehall Hill Circle - DEP File #'s 5-1017. 5-1016. 5-1017 - David
Carnevale
Bob Griffin, Griffin Engineering is present for the applicant. He notes that there are two other
parcels on the agenda this evening and it may make sense to do the presentation on them
together. Commission members agree.
Maxner reads legal notices or 22, 24 & 27 Whitehall Hill NOI's.
Griffin reminds that the Conservation Commission issued an Order of Conditions last August for
the subdivision roadway and infrastructure and construction started in October of last year. He
notes the binder coat is down, infrastructure is complete and Lot # 8 and # 6 are now under
construction. He notes that all of the house lots within the jurisdiction of the Commission will
file separate NOI's and these filings are the first of them.
27 Whitehall Hill Circle. DEP File #5-1015 - Subdivision Lot 4 - Assessor's Map 23 Lot
19E
Griffin explains that the applicant is proposing to construct a new house, pool, walkways,
utilities, and landscaping and associated appurtenances within 100' BZ to BVW. He explains
the plans and notes that all three houses are buffer zone projects and they wish to begin clearing
the lots and get started with site work. He notes that lot 4 is along the ravine of the intermittent
stream and the no-cut zone markings have been installed.
Griffin reviews the drainage calculations for the subdivision roadway, which assumed 25%
impervious cover on each lot. He also reviews the stormwater management plan. He notes that
the footprint of the houses and their exact location on the lots may change if a future buyer wants
to change anything and that could result in a change to the impervious surface on the site and
they would like the ability to come back should that be the case, noting that prior to the issuance
of building permits they have to submit drainage calculations for each of the lots.
Squibb asks how much fill they will be using on the site. Griffin reviews the plans noting cuts
and fills on the plan explaining that there is a 500 gallon drywell at the corner of the driveway
which will take part of the roof and driveway runoff for infiltration, noting that this lot is 20%
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 6 of 16
impervious. He explains the proposed boulder retaining wall that will run along the westerly and
southerly side of the lot.
Reilly ask if they plan to include any lower impact technologies on the site. Griffin notes that
this is a cluster subdivision, which has already reduced the impact on the parent site.
Cademartori questions if the individual house lot plans could include rain gardens or other LID,
as they can be attractive features of the landscaping and recommends these opportunities be
looked at. Griffin states that most lots will have drywells but there could be some rain gardens.
Reilly asks if there are pools planned for all lots. Griffin notes that a pool could be a desirable
amenity for a buyer in that price range that is why they put it on the plan.
Paluzzi opens the hearing up for public comment at this time.
Marie Alves of 5 Morrison Avenue addresses the Commission and reads her letter to the
Commission. She expresses her concerns about the impact of blasting on the site on her property,
which in her opinion has caused several very large sinkholes in her back yard and thinks that the
blasting damaged her drainage pipes in her yard. She also notes that she is concerned about
drainage and control of runoff.
John Aves, 5 Morrison Avenue, addresses the Commission and expresses his concerns about
sinkholes in his yard, which he believes the developer should be required to fix. Griffin explains
that he conducted a site inspection with Eric Barber, Asst. City Engineer, and Amy Maxner and
it is his conclusion that rodents are burrowing are creating the holes. He also explains the
blasting regulations and notes that the blasting company has to provide adequate notice to the
abutters before they blast. Griffin reports that the developer offered to install a drainage pipe for
the Alves in their back yard years ago and but they refused the offer. He also explains that there
is a diversion structure that will split the amount of water flowing to Wetland A and the
detention basin, noting that there has always been water coming down that slope and the concern
was to maintain the hydrology of the wetland.
Squibb asks what type of pipe is in the Alves' yard. Mr. Alves states that it is a 4" PVC pipe.
Reilly asks if the Alves' contacted the blasting company about this. Mr. Alves states that the
sinkholes only appeared after all the blasting was done.
Stan Ostrowski of236 Hale Street addresses the Commission and expresses his concern about
the percentage of impervious surface on the site and asks if any assumptions changed from when
the road drainage was calculated to now. He states that a drainage study should be done. Griffin
notes that the drainage calculations indicate that the additional 1,000 s. f. of impervious surface
can be accommodated by the drywells on site. He noted that they have to submit drainage
calculations to the City Engineer before a building permit is issued. Cademartori asks if the 25%
impervious of each lot was to be handled by the roadway drainage. Griffin states not necessarily
and they have proposed on-site stormwater management methods such as the drywells.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 7 of 16
24 Whitehall Hill Circle. DEP File #5-1016 - Subdivision Lot 20 - Assessors Map 23 Lot
19S
Griffin reviews the plans for lot 20. He explains that the applicant is proposing to construct a
new house, pool, walkways, utilities, and landscaping and associated appurtenances within 100'
BZ to BVW. He notes that the plans call for the installation of a drain manhole in the front yard
with an overflow pipe, which will take care of lot 21 as well
Paluzzi notes a drainage easement on the plan and asks where it comes from. Griffin explains
that all around upper wetland A there is an easement that will give the city and the homeowners
association the ability to maintain the area.
Reilly asks how the drywells will be maintained. Griffin explains that they should be cleaned a
couple of times in the first year to be sure that they are operating effectively and after that they
should be cleaned once a year. Maxner suggests that could be a perpetual condition in the
OOC's for each lot.
Cademartori questions adding lot runoff to the roadway drainage system noting that this is not a
routine practice. Griffin notes that the driveway and roof will be going into the drywell but that
overflow will discharge to the street drainage.
Paluzzi opens the hearing up for public comment at this time.
Stan Ostrowski of236 Hale Street addresses the Commission and expresses his concern about
the City being responsible for maintenance of the drainage system when he feels that it should be
the homeowners association. Griffin states that it is indeed a homeowners association but there
are easements granted to the City in case of an emergency or necessity.
22 Whitehall Hill Circle. DEP File #5-1017 - Subdivision Lot 21- Assessors Map 23 Lot
19T
Griffin reviews Lot 21 and notes that this is a buffer zone only project. He explains that they are
proposing to construct a new house, pool, walkways, utilities, and landscaping and associated
appurtenances within 100' BZ to BVW. He notes that there is an existing knob ofledge that will
be removed from elevation 102 down to elevation 98. He also reviews other locations that will
be cuts and fills and notes that this lot will be approximately 24% impervious. He reviews the
drainage for the site and the location of the drywells as well as the proposed grade changes.
Paluzzi opens the hearing up for public comment at this time.
Mr. Alves asks if the blasting company has been chosen. Griffin states that it has not been
determined at this time.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 8 of 16
Paluzzi suggests that the Commission should visit the sites. Maxner agrees and discussion
ensues regarding possible dates for a site visit. The Commission agreed to hold site visits on
Saturday, October 31, 2009 at a time to be determined.
Reilly moves to continue the public hearing to November 10, 2009, pending a site visit on
October 31,2009. Cademartori seconds the motion. The motion carries 5-0.
Johnson moves for a five-minute recess at this time. Reilly seconds the motion. The motion
carries 5-0.
The Commission reconvened at 9:10 p.m.
New: 1 Bathin2 Beach Lane - raze existin2 and reconstruct new sin2le-familv house-
Donald Morse
Frederick Geisel, P.E., is present for the applicant.
Maxner reads legal notice.
Maxner reports that the Commission will recall issuing an Enforcement Order for the
unauthorized demolition of the structure and excavation for foundation within the 200'
Riverfront without a permit and requiring a Notice ofIntent.
Geisel addresses the Commission and reports explains that the proposed building is to be located
beyond the first 100 Riverfront Area and will be located within the required setbacks to the
adjacent property. He explains that the project will be mitigated by the addition of a
groundwater recharge system to handle all of the roof runoff from the 900 s.f. roof area where
700 s.f. existed before.
Geisel explains that the addition cannot be located any closer to the property lines (away from
the river) and meet zoning setbacks. He notes that the proposed structure just barely meets the
zoning side setback requirements
Geisel states that there will be no significant adverse impact on the Riverfront Area or the upland
area of the BVW. He also notes that the project will have positive impacts on the riverfront area
by providing storm damage prevention, eliminating the discharge of untreated stormwater runoff,
and prevention of flooding by controlling and treating exiting uncontrolled stormwater.
Reilly asks if there will be any changes to the driveway on the site. Geisel states that there will
be no changes to the existing driveway.
Reilly asks if there will be any removal of trees for this project. Geisel states that they will be
removing two trees and notes the locations on plan.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 9 of 16
Maxner asks if they are saying that the limit of the coastal BVW is coincident with the coastal
bank. Geisel explains the location of the coastal bank on the plan noting that the topography is
such that there is no coastal bank to the north along the BVW.
Paluzzi suggests that the Commission visit the site. Members agree. Paluzzi asks if the existing
sheds will be removed. Geisel notes that they will remain where they are.
Paluzzi opens the hearing up for public comment at this time.
Richard Kraus of 7 Riverview addresses the Commission and expresses his concern that a large
tree was cut down. Geisel states that they cut down brush and small saplings and they cut to the
property line.
Dan Finn of Echo Realty Trust addresses the Commission and states that he owns property
immediately across from this project on Bathing Beach Lane and notes that the subject property
used to have a private cesspool. He also expresses concern over the condition of the road noting
that there is debris and branches around as well as boats and vehicles. He asks that the
Commission impose a condition requiring them to clean up the site.
Johnson asks if the utilities will remain the same. Geisel states that they will. Johnson asks if
the sewer is upgraded. Geisel states that the house is no sewer with a force main.
Michael Osborne, contractor for the applicant, addresses the Commission and states that a
building permit was issued by the Building Department and this project has been okayed by the
City and does not see why the Commission needs to visit the site as there is nothing to see. He
also notes that this process has put him out of work too long and he asks the Commission to
approve the project and let him get back to work. Maxner asks Osborne to lower his voice and
explains to him that the Commission needs to visit the site to verify the resource areas and
observe site conditions.
Eric Winter of 9 Riverview Street addresses the Commission and expresses his concern about
runoff from the sewer. He also notes that it is a narrow street and he questions whether it is a
legal right of way that can be constructed upon.
There being no further questions or comments regarding this matter, Johnson moves to continue
the public hearing to November 10, 2009, pending a site visit on October 31,2009 at a time to be
determined. Reilly seconds the motion. The motion carries 5-0.
New: 254 Essex Street. YMCA Sterlin2 Center- YMCA of the North Shore c/o Jack
Meanv
Maxner reads legal notice.
Charlie Wear of Meridian Associates is present for the applicant. Meegan O'Neil, Executive
Director is also present.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 10 of 16
Wear addresses the Commission and explains that the YMCA obstructed the City's 50' right of
way leading off of Essex Street to the former land fill with a large berm and plantings on the east
side of the teen center to provide a screen for Hawk Hill abutters. He explains that they filled in
the right of way owned by the City of Beverly thus blocking pedestrian public access and they
are correcting that with this plan.
Wear explains that they are reconfiguring the parking spaces and a guardrail will be installed to
create a path and tie it to the existing recreational space and gravel pathways that lead into the
woods. He explains the locations of the guardrail and the path on the plans.
Maxner explains that the Beverly Open Space and Recreation Committee was integral in
pursuing the pathway and as its staff she is voicing the Committee's support for this proposal.
She notes that the Committee are also requesting that the applicant install signage to alert people
of the public access. Wear stated that it is not a problem.
Paluzzi opens the hearing up for public comment at this time.
John Mastriate addressed the Commission and asked where the access paths go. Wear explains
the locations on the plan.
Randy Warren of276 Essex Street addresses the Commission and questions why the berm was
allow to be placed in the middle of the right of way. Wear explains that it was an oversight at the
time and this filing will correct that error.
There being no further questions or comments regarding this matter, Johnson moves to close the
public hearing. Squibb seconds the motion. The motion carries 5-0.
New: (0) Hale Street. Map 15 Lot 8 - Endicott Colle2e c/o Richard Wvlie
Maxner reads legal notice.
Joe Orzel of Gulf of Maine introduces Dr. Richard Wylie President of Endicott College and
Dennis Monaco, Facilities Manager.
Orzel informs the Commission that this NOI is a result of an enforcement order that was issued
for the unauthorized construction of a sand volleyball court.
Dr. Wylie addresses the Commission and explains that he was trying to provide a sand volleyball
court on the site at the request of students. He apologizes to the Commission for violating the
regulations and noted that Endicott College takes the environment seriously but that there once
existed a sand court and his only intention was to return the area back to its original condition.
Orzel addresses the Commission and explains that prior to the volleyball court the site was
covered with grassy lawn. He reviews the plans and notes that a silt fence has been installed per
order of Ms. Maxner. He explains that a portion of the work occurred in the 25' NDZ. He noted
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 11 of 16
that the primary function of the coastal bank was not altered. He reviews the wetland resources
found on site, which include Coastal Beach, Coastal Bank, Land Subject to Coastal Storm
Flowage, V-Zone and A-Zone at elevation 20 and 100-Foot Buffer Zone.
Paluzzi asks how much area in the NDZ was disturbed. Orzel shows the Commission photos of
the area. He explains that 1,417 s.f. was previously lawn area and is returning to lawn. He states
that the volleyball court will be 313 s.f.
Maxner asks if they plan any mitigation for the project. Orzel states that potential mitigation
could be invasive species control, noting that there is Asiatic Bittersweet, Norway Maples.
Virginia Creeper on the site and cutting that back would be beneficial.
Orzel notes that there is a Black Locust tree on the site that is outside of the NDZ and it is
leaning, and they would like to remove it.
Johnson questions if there is any way to move the volleyball court closer to the street. Orzel
states that they are concerned about it being close to the road with errant volleyballs flying into
the street. Paluzzi asks what the distance to the road is. Orzel estimates that it is about 55 feet.
Maxner asks if there is any opportunity to vegetate some of the coastal bank that is currently
being mowed as lawn. Dr. Wylie explains that they have concerns about blocking the view for
security vehicles. He notes that Patch Beach is an area of concern and security keeps a close
watch on the area. Members discuss the need for a formal planting plan in mitigation for the
incursion and areas are identified on site that can accommodate plantings. Cademartori suggests
that the area to the east of the court looks to be sparsely vegetated. Orzel consults with Monaco
and they agree this area is appropriate.
Paluzzi 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, Reilly moves to continue
the public hearing to November 10, 2009, and that the applicant submit a mitigation planting
plan. Stabilization of the site is allowed to occur with sod or seed. Johnson seconds the motion.
The motion carries 5-0.
Reilly moves to allow the removal of the leaning Black Locust Tree from the site. Johnson
seconds the motion. The motion carries 5-0.
Abbreviated Notice of Resource Area Delineation
New: 875 Hale Street - Svmes Development & Permittin2. LLC c/o Jeff Rhuda
Maxner reads legal notice.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 12 of 16
Brian Waterman, Waterman Design, explains that wetland resources on site have been flagged
and a plan surveyed by Hayes Engineering. He notes there is a BVW occupying most of the
easterly section of the site with an associated stream. He notes that the mean high water line to
Chubbs Brook, a perennial stream, has been flagged and the 200-Foot Riverfront Area is
delineated at the south end of the property. He also notes that the stream running through the
BVW is classified as an intermittent stream with a drainage basin at less than 1J4 acres in size. He
explains the stream stats test he ran on the USGS website in accordance with 310 CMR 10.58.
He provide an overview of the aerial photos and Mass GIS maps.
Johnson suggests that the Commission visit the site. Members agree.
Paluzzi opens the hearing up for public comment at this time.
Robert Lewis of 903 Hale Street addresses the Commission and states that he feels that water
flows in that stream in the BVW all year long. He also notes that there was a drainage
improvement project conducted by the City in the area five years ago and he is concerned about
additional construction and runoff. Cademartori notes that there is no construction proposed yet
for the site, explaining that this application and hearing is only meant to verify and characterize
the wetland resources on site. He explains that the USGS maps are used as the first guide for the
character of the stream and it shows on the map as intermittent in this case.
Alfred Brown of 903R Hale Street addresses the Commission and expresses his concern that the
low land at the southern end of the property is close to being a wetland as the flooding is
extensive in this area. Cademartori asks Waterman if any flood zones encumber the property and
where such zones are located. Waterman refers to the aerial map and surveyed map.
Mary Grant of 868 Hale Street addresses the Commission and asks how characterizing wetlands
differs under the State Act and the local Ordinance. Waterman explains the difference noting
that the local Ordinance regulates isolated wetlands of a certain size where the State Act does
not.
T om Grant of 868 Hale Street addresses the Commission and asks the limits of the
Commission's jurisdiction. Maxner explains that the 100 Buffer Zone and the wetland or 200
feet from the mean high water line of a perennial stream are areas of Commission jurisdiction,
and any work within that zone must be reviewed and permitted but there is a local 25-Foot No
Disturbance Zone where work or disturbance is prohibited within the first 25 feet of the wetland.
Extension discussion ensues regarding the burden of proof regarding whether a stream is
intermittent or perennial.
Kevin Barry of 865 Hale Street addresses the Commission and states that in the 8 years he has
been there he has never seen the stream run dry.
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 13 of 16
There being no further questions or comments regarding this matter, Squibb moves to continue
the public hearing to November 10, 2009, pending a site visit on October 31,2009 time to be
determined. Reilly seconds the motion. The motion carries 5-0.
Old / New Business
New: Beaver Pond Road - OSRD Lot # 3. Conservation Restriction Violation - Alden
Drake
Alden Drake is present at the meeting.
Drake addresses the Commission and explains that his tree contractor proceeded to cut down the
trees on his property before he could inform them that approval was required for the work to be
done. He explains his relationship to the site and he anticipates being on site throughout the
entire construction phase.
Maxner reviews events that led up to the clearing. She states that mitigation should be required
and notes her recommendations in the staff report. She suggests that the Commission should
focus on the wetland area and that fines should be issued for each tree and shrub cluster that was
removed. She notes that Friday, October 16th is the last day that fines can be assessed and that
she would need to revisit the site to count tree and shrub stumps.
Squibb states that he feels that the Commission should move forward with the fines especially
considering this area has two CR's governing the area. Johnson agrees noting that if this
particular parcel has many levels of Commission jurisdiction.
Reilly states that she feels that a qualified wetlands specialist should handle developing the
restoration plan. Johnson agrees. Cademartori asks if most of the cutting was in the wetland.
Maxner notes that it was mostly in the wooded buffer zone. Cademartori notes that he would not
be opposed to a qualified arborist or landscape architect developing a plan. Discussion ensues
regarding site conditions and mitigation requirements.
Johnson moves to ratify the enforcement order and issue a fine of $100.00 per cut tree, and the
Commission requests that a full restoration plan to be prepared by a qualified professional that
restores the under story with native shrubs and trees - this plan should include at least a 1: 1
restoration of trees and shrubs; the plan must be submitted in time for the December 8, 2009
meeting with a deadline for completion of June 1,2010. Reilly seconds the motion. The motion
carries 5-0.
New: 640R Hale Street - Vernal Pool No Disturb Zone Demarcation - Jeff Lawler
Maxner addresses the Commission and reports that Mr. Lawler performed work before the
conditions of her May 13, 2009 letter were met. She notes that she talked with him and informed
him to stop the work and flag the wetland. She also noted that she had him install hay bales at
the limit of the 100' NDZ. She shows the Commission photos of the area
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October 13, 2009 Meeting Minutes
Page 14 of 16
Maxner explains that the work extended beyond the northerly boundary of the property because
he was preparing to purchase a protion of the neighbor's land to provide a larger building
envelope to move the house around. She notes that since then he has had Bill Manuell flag the
wetland and he moved some of her flags back about 10 feet or so. She notes that she has
checked these flags and the line still seems reasonable as he did soils and she did not. She
recommends that Mr. Lawler should be required to submit a formal application and be required
to replant the entire area of disturbance within the 100' NDZ and monument the NDZ as
described in her May 2009 letter. Discussion ensues regarding the approach to gaining
compliance.
Cademartori moves to issue a revised Enforcement Order requiring Lawler to do the following:
'" Submit a restorative planting plan that enhances woodland vernal pool habitat to be
prepared by a qualified wetland scientist. This plan shall also address the proposed
removal of the large failing Beech Tree on site. The plan shall be submitted no later
than Tuesday November 3,2009 to be discussed and considered at the November 10,
2009 Commission meeting;
'" Submit a surveyed plan showing the wetland delineation and NDZ, lot lines, proposed
house, proposed plantings and proposed permanent monuments at the limit of the
100' NDZ which shall bear the following language "No Disturbance of Any Kind
Beyond This Point Per Order of the Beverly Conservation Commission" facing the
upland side;
'" A deadline for final execution of the restoration plan shall be provided at the
November 10, 2009 meeting.
Squibb seconds the motion. The motion carries 5-0.
New: Cabot Street. DEP File #5-1010 - Bryant Lessard & Rosalie Cox
Maxner explains that the Commission will recall issuing an OOC for this lot for a new house
within the 100' BZ to BVW. She reports that Mr. Ron Nadeau has finally found a buyer for this
lot and they wish to reconfigure the house, which will encroach into the 25' NDZ.
Brian Lessard explains that they are proposing to relinquish an area of lawn to try to compensate
for the encroachment. Members discuss this proposal and remind Lessard that the edge of the
25' NDZ still needs to be monumented once the project is complete. Lessard states that he
understands his obligations in that regard.
Cademartori moves to approve the change in house location provided that the relinquished lawn
is planted with native plants to enhance the area. Reilly seconds the motion. Motion carries 5-0.
New: 100 Sam Fonzo Drive - Enforcement Order Follow Up
Maxner reports that on September 8,2009 she accompanied Elizabeth Wallis of Hayes
Engineering and Mark Tiffany of Kelleher Construction on site to help guide planting and
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October 13, 2009 Meeting Minutes
Page 15 of 16
invasive specie removal per the approved mitigation plan prepared by Ms. Wallis. Additional
activities required by the EO were also discussed and all work was completed that day.
She notes that on September 21, 2009 she conducted a final site inspection to confirm full
compliance with the EO and found site conditions to be satisfactory and recommended that the
EO be lifted. Reilly moves to lift the EO. Cademartori seconds. Motion carries 5-0.
National Grid - McKav Street Tree Removal
Maxner reports that National Grid has requested to remove additional trees along McKay Street
within the Buffer Zone to Shoe Pond. Members review the photos of the trees and briefly
discuss this request. Cademartori moves to allow their removal. Johson seconds. Motion carries
5-0.
Orders of Conditions
21 Riverview Street- build 2ara2e. pier and float. resurface drivewav. remove trees-
Charles Mann
Discussion ensues regarding potential conditions for the project.
Cademartori moves to issue Standard Conditions and the following Special Conditions:
1. All work involved with the removal of invasive species and installation of native plants
and the installation of the dry laid patio and walkways shall be done manually. No
machinery shall be allowed within these areas of work.
2. Newly disturbed soil surrounding the area of newly installed native plantings within the
coastal bank and 25-Foot No Disturb Zone shall be covered and staked with a
biodegradable erosion control fabric to prevent any erosion of soil from the site into the
resources.
3. The barge shall be floated in during high tide and may sit and be elevated on spuds on the
beach at low tide and shall not be allowed to bottom out on the beach.
4. The use of chromated copper arsenate (CCA) treated wood and creosote treated timber
for piles and decking shall be used only after alternatives to CCA and creosote treated
wood are explored. Wood preservative must be dry before treated wood is used in
construction.
5. All the shavings and cuttings ofCCA-treated lumber, if used for the pier, shall be
collected, using vacuum means wherever possible, during construction of the pier and
float. No lumber, cuttings or scrap shall be permitted to fall into the water, beach or
coastal bank during construction.
Reilly seconds the motion. Motion carries 5-0.
254 Essex Street. YMCA Sterlin2 Center - YMCA of the North Shore c/o Jack Meanv
Beverly Conservation Commission
October 13, 2009 Meeting Minutes
Page 16 of 16
Discussion ensues regarding potential conditions for the project.
Cademartori moves to issue Standard Conditions and the following Special Conditions:
1. Signage shall be installed at the 3' brake in the guardrail that invites the public to "please
enjoy this public right of way."
Reilly seconds the motion. Motion carries 5-0.
Herrick Street - Beverlv Hospital Helipad Reconstruction - Northeast Health Svstems
Discussion ensues regarding potential conditions for the project.
Cademartori moves to issue Standard Conditions and the following Special Conditions:
1. The catch basin located at the westerly edge of the parking lot within the area of the
existing helipad shall be upgraded to be equipped with an oil/grit and grease separator.
2. No trees, shrubs or other vegetation shall be removed from within the 25-Foot No
Disturbance Zone (i.e. the first 25 feet from the wetland)
3. All reasonable efforts shall be made to remove trash, debris and foreign material from
within the wetland and along the rip-rap embankment.
4. In order to direct stormwater into the existing catch basin, a berm (cape cod or
equivalent) shall be constructed around the existing helipad area that is to be abandoned
and turned into parking.
5. The Stormwater Operation and Maintenance Plan (0 & M), dated June 24,2004 prepared
by Hancock Associates shall be adhered to in perpetuity. This condition shall run in
perpetuity and survive the issuance of a Certificate of Compliance.
6. A Stormwater Maintenance Report shall be submitted to the Commission no later than
May 15, 2010, and every May annually thereafter. This Report shall document all efforts
to maintain the stormwater management system on site per the 0 & M plan in the past
year. This condition shall run in perpetuity and survive the issuance of a Certificate of
Compliance.
Squibb seconds the motion. Johnson abstains. Motion carries 4-0-1.
Approval of Minutes
There were no minutes approved this evening.
Adjournment
There being no further business to come before the Commission this evening, Johnson moves to
adjourn the meeting. Paluzzi seconds the motion. The motion carries 5-0.
The meeting adjourns at 11 :55 p.m.