2010-07-06
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
Board:
Members Present
July 6,2010
Conservation Commission
Chair David Lang, Vice Chair Tony Paluzzi,
Dr. Mayo Johnson, Kate Glidden, Bill Squibb
and Gregg Cademartori
Members Absent:
Others Present:
Mary Reilly
Amy Maxner - Environmental Planner
Recorder:
Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street
Beverly, MA. at 7:00 p.m.
Certificate of Compliance
Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC
Peter Ogren addresses the Commission and explains that he met with the applicant and is making
some changes to the plan and will get the information back to Attorney Handley. Lang noted that
the matter has been on the agenda for a year and suggests that the Commission continue the matter
for a month or two. Ogren states that they should be able to get this done by the August 10,2010
meeting.
Paluzzi moves to continue the matter to the August 10,2010 meeting. Johnson seconds the motion.
The motion carries 6-0.
Cont: 84 West Street. DEP File #5-820 - Joseph Leone
Maxner states that the applicant requested a continuance to this evening's meeting but she has not
heard anything from them. She suggests that the matter be continue to the July 27,2010 meeting.
Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6-0.
New: Thompson Farm Wav. DEP File #5-873 - Thomas Carnevale. Cole Street Subdivision.
LLC
Maxner notes that the applicant is not present at this time and recommends that the Commission
move along with the agenda and if the applicant shows, the matter can be taken up later in the
meeting.
ReQuest for Determination of Applicabilitv
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 2 of9
Cont: 4 Gavin Circle - Patio and Floatin2 Dock - Jonathan and Joan Perry
Jonathan and Joan Perry are present.
Maxner explains that project involves installation of a patio within the 25' NDZ to bank of a pond
and a floating dock and stairs within the pond. The Commission directed Mr. & Mrs. Perry to
address the 25' NDZ waiver criteria for the patio and informed them that the floating dock would
require a Notice ofIntent. The Mr. Perry states they have submitted the NOI, and wish to withdraw
the RDA.
Recess for Public Hearin2s
Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion
carries 6-0.
Cont: 41 Prince Street - Jeffrev F. & Christopher H. Mansfield- Abbreviated Notice of
Resource Area Delineation
Bob Griffin is present for the applicant.
Griffin addressed the Commission and explains that a site inspection was held and notes that the
wetland boundaries for the site are well defined by the masonry seawall on the site. He explains the
location on the plan. He noted that the Commission had no questions regarding this matter at the
site visit.
Cademartori notes that the Commission's approval should indicate that it is approving the current
FEMA mapping not the revised maps that will be effective next summer. Members agree. Maxner
will make a note to that effect on the ORAD.
There being no further questions or comments regarding this matter, Cademartori moves to approve
the ANRAD as submitted for 41 Prince Street. Paluzzi seconds the motion. The motion carries 6-
O.
Notice of Intent
Cont: 40 & 100 Sam Fonzo Drive - Fonzo Realtv II c/o Salvatore Fonzo. Trustee
Peter Ogren is present for the applicant.
Ogren addresses the Commission and notes that the only outstanding issue is that of the storage of
scrap materials on the site. He presented an email from Valerie Stevens of Aero Manufacturing that
explains that they plan to eliminate the dumpster completely and move the storage inside the
building.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 30f9
Ogren also explained that the Planning Board has voted on the Special Permit for the project and the
Parking and Traffic Commission has reviewed and approved the parking plan. He stated that he
expects the final site plan review for be approved at the Planning Board meeting on July 20,2010.
Cademartori asked if there is potential for not constructing part of the parking area. Ogren
explained that the Planning Board has indicated that could support an action not to construct the
parking spaces at this time but it remains a zoning issue and they have to go before the Zoning
Board of Appeal. He noted that they have asked to grade it but not pave it.
David Lang referred to the email that Ogren submitted from Aero Manufacturing noting that there is
no company identification on it and requested that he would like something more official from the
applicant.
Ogren explained that they are including the parking at this time so that in the future if will be
permitted if the owner chooses to pave it. Cademartori asks if they have a design for the capacity of
the parking area if it is to be paved. Ogren stated that they do.
Ogren explained that they want to put a berm along the edge of the parking area. He also noted that
they are not sure if they will get the variance for the parking but thinks that they have a good shot
with the support of the Planning Board.
Lang stated that he is hesitant to approve future parking for an unknown use at this time. He
suggests that the Commission could approve this at the next meeting and suggests that a draft of
conditions be prepared for the next meeting on July 27,2010.
There being no further questions or comments regarding this matter, this evening, Paluzzi moves to
continue the matter to July 26,2010. Johnson seconds the motion. The motion carries 6-0.
New: 875 Hale Street - Montrose School Park. LLC c/o Svmes Associates. Inc.
Maxner reported that she has received three proposals for the peer review for this project. She
explains that CDM, Meridian and New England Civil Engineering submitted proposals. She also
notes that the lowest estimate was from New England Civil Engineering at $1,900 and they were the
only bidder that said they would do a site inspection.
Ogren notes that if there is a site inspection he would like to be present.
There being no further questions or comments regarding this matter, Johnson moves to retain the
services of New England Civil Engineering at a cost of$1,900 and to continue the public hearing to
July 27,2010. Paluzzi seconds the motion. The motion carries
6-0.
New: 4 Gavin Circle - Jon & Joan Perrv-
Jon and Joan Perry are present at the meeting.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 40f9
Maxner reads legal notice.
Mr. Perry addresses the Commission and explains that he is proposing a floating dock for entrance
into the pond and a small patio that connects to the lower entrance of the house. He noted that they
would like the dock for easier access to the pond and to ease the erosion on the site. He also notes
that his neighbors from across the pond are present this evening.
Johnson states that he feels that the Commission should visit the site.
Lang questions if they need a Chapter 91 License. Maxner states that she is not sure if a pond this
size would trigger the "great pond" regulation. Perry states that he sent copies of his application to
DEP.
Lang questions how the dock will be secured to the bank, noting that the sono tubes on one end
would be estimated at about nine (9) feet. He explains that a nine-foot drop to the water is a lot.
Paluzzi agrees. Lang also agrees that the Commission should visit the site.
Perry states that they care deeply about the pond and any advice that the Commission could give
them would be greatly appreciated.
Lang opens the hearing up for public comment at this time.
John Hughgood addresses the Commission and expresses his concern about not keeping with the
environment of the pond. He states that he is concerned that once one dock goes in that it would set
a precedent. Lang states that he has a legitimate concern. Hughgood also states that he is
concerned about what they can and cannot do at the edge of the pond with regard to trimming
bushes etc.
Discussion ensues regarding dates for a site visit by the Commission. Perry notes that they will be
on vacation. Lang suggests that the Commission visit the site on July 26, 2010 and that the public
hearing be continued to August 10,2010.
There being no further questions or comments regarding this matter, Paluzzi moves to continue the
public hearing to August 10,2010, pending a site visit on July 26,2010 at 6:00 p.m. Johnson
seconds the motion. The motion carries 6-0.
Cont: 3 Greenwood Avenue - Complete Septic Svstem and Plantin2s - Nikita Paras
Bill Manuell is present for the applicant.
Manuell addresses the Commission and states that he has nothing new to report. He explains that a
site visit was held and the Commission had a few concerns.
Maxner reviews her notes from the site inspection as follows:
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 50f9
'" The limits of the paved roadway/drive on Indian Hill are not shown on the plan
and therefore made it difficult to visualize the limits of site work, house
driveway, locations of reserve leech fields etc.
'" The approved plan shows a poured concrete retaining wall on the downslope side
of the leeching fields, however it appears that a dry boulder/stone wall is in the
midst of being constructed - this needs to be reconciled;
'" The general leeching field areas were observed, fill that is stockpiled in these
vicinities do not appear to be suitable material for a leeching field - many large
stones, rocks and boulders mixed in with this material, which may be more of a
BOH issue, but may result in changes to the plan that we need to review;
'" A new plan may be necessary to determine the exact location of house footprint,
proposed driveway, septic system elements;
'" A proposed hedgerow along the southern property line was discussed as it is a
requirement of the ZBA' s variance for this lot - this should be shown on the
plan;
'" Although not really a Con Com issue, the easement/right of way and Mr. Otis's
property line and rights were discussed at length which may impact the design
and/or location of the new driveway to the new house
Manuell states that they are not going to continue the boulder wall and are proposing to remove it
and install a concrete retaining wall as shown on the plan.
Cademartori notes that the existing pave way leads to the resource area and the driveway. He
suggests that a crushed stone swale be installed to capture the roof runoff. Manuell states that they
would accept that as a condition. He also explains that there is no way to divert the water but they
can slow it down so that some of it will infiltrate.
Maxner states that she is hesitant to close and issue an order of conditions noting that she would like
to see all of the work proposed on the plan so that the contractor knows what can and cannot be
done on the site. Manuell agrees and states that he did not expect to close this tonight and agrees to
submit revised plans showing all proposed work.
Atty. Lake addresses the Commission and states that it is in everyone's best interest to get this
project done, noting that the previous owner had several issues on the site. He states that there are
historical drainage issues on the site that have nothing to do with this project. He also notes that
capturing the water makes sense to him. He further notes that the neighbors want the tree screening
planted and suggests that a swale may interfere with that.
Atty. Phillip Lake also expressed concern about the proposal for the Commission to hold back funds
to insure that the work is completed and questioned how the amount would be determined and how
this would work.
Lang explains that the site is a problem and the Commission should have been more strict with the
original Order of Conditions and they are trying to take a more strict approach this time.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 60f9
Maxner reviews the items that the Commission would like added to the plan for the next meeting.
Cademartori explains that the drainage is a significant issue and it is not in the best interest of the
city or the homeowner to expedite this.
Manuell states that the hedgerow will help the runoff situation and if the Commission is insistent
they will plant them but he feels that it is not money well spent because there is a lot of growth out
there that has shot up over the years and while it may have been necessary years ago it may not be
now.
Atty. Lake states that there should be some understanding proposed withholding of$10,000.
Squibb notes that in the past the Commission has set up escrow accounts. Maxner states that she
will investigate the Commission's options further with the City Solicitor.
There being no further questions or comments regarding this matter, Paluzzi moves to continue the
public hearing to July 27,2010. Squibb seconds the motion. The motion carries 6-0.
OLD/NEW BUSINESS
ReQuest to Extend Order of Conditions. DEP File #5-949 - Sam Fonzo Drive - Ron Vitale
Ron Vitale is present at the meeting.
Maxner explains that the Commissioners visited the site. She notes that the silt fence has been
refurbished and is functioning correctly. She states that she has no concerns about the stability of
the site.
Maxner also explains that she discussed special Condition #'s 4, 5 & 6 with Mr. Vitale. The
conditions suggest that the entire 25' NDZ would be cleared to reintroduce new plantings. Maxner
recommends that the Commission should reconsider these conditions as there is good, thick
vegetation and some trees within the 25' NDZ that should be preserved and maybe pockets of the
NDZ should be loamed and planted with trees to obtain more height structure and habitat. She
recommends that choosing areas that have room for additional plantings and trees would be
appropriate, noting that it makes sense to leave the large trees in place. Vitale states that he would
rather not totally disturb the 25' NDZ as it is well vegetated, but agrees that there are spots that
would benefit from being planted with more trees and shrubs.
Lang agrees and suggests that the applicant submit a plan showing the proposed locations for the
plantings. Cademartori suggests that Maxner take a look at the site prior to planting to ensure that
appropriate areas are receiving plants. Discussion ensues regarding modifying the special
conditions of the permit.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a two-
year extension for the Order of Conditions for Sam Fonzo Drive, DEP File #5-949. Johnson
seconds the motion. The motion carries 6-0.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 70f9
Paluzzi moves to issue a Minor Modification the Order of Conditions for Sam Fonzo Drive, DEP
File #5-949 with the following changes to the Special Conditions:
'" Elimination of Special Conditions # 4, 5 & 6 to be replaced with the following new Special
Condition #4: Once the footing for the perimeter retaining wall has been installed but before
wall construction, the applicant and the Conservation Administrator shall conduct a site visit
to identify areas within the 25' No Disturb Zone that are appropriate to receive clusters of2-
inch caliper red maple trees (20 trees total) to increase structural and habitat diversity and
enhance screening. These areas shall be noted on the approved plan and provided to the
Commission for review and final approval.
'" Special Condition # 7 is also modified to specify that conservation grade wildlife/wetland
seed mix shall be applied within the planted tree areas.
Johnson seconds the motion. The motion carries 6-0.
Cont: Thompson Farm Wav. DEP File #5-873 - Thomas Carnevale. Cole Street Subdivision.
LLC - Certificate of Compliance
Maxner notes that the applicant informed her that one of his rental properties was without air
conditioning and that is why he could not make the meeting. She explains that the detention basin
is not retaining water and reviews an email she received from between Mr. Carnevale and Thad
Berry, of Xeriscape Design, the design engineer for the detention basin. She also notes that a
closing is scheduled for July 14,2010.
Maxner explains that the Order governed the construction of detention basin (designed to function
as a wet basin with native plantings) within 100- Foot Buffer Zone, but outside the 25' NDZ, to an
off-site Bordering Vegetated Wetland.
Maxner reviews the Special Conditions issued for the project as follows:
1. The deed associated with Lot # 6 shall contain language requiring that the owner of said
Lot shall be responsible for maintenance of the wet basin and its associated inlet, riprap
outlet and velocity reducer structures in perpetuity.
2. As discussed at the public hearing of April 12, 2005, the proposed shrubs which are less
tolerant to flooded conditions shall be planted closer toward the top of the berm
surrounding the wet basin in order to ensure their survival.
3. Twelve (12) additional native woody shrubs shall be planted along the westerly
perimeter of the wet basin in order to provide enhanced wildlife cover and screening.
4. Pursuant to the modification and expansion of the proposed stormwater detention basin,
an expanded native planting plan shall be prepared by a professional wetland scientist
and submitted to the Commission or its Administrator for review and approval. This
new expanded planting plan should include the twelve (12) additional native woody
shrubs as required by Special Condition # 3 and should account for Special Condition #
2 as well.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 80f9
Maxner also notes that the Commission will recall discussing the fact that the developer has not
witnessed ponding or water retention in the basin and that the wetland plantings were not installed
in the bottom of the basin. Chairman Lang recommended that the Mr. Carnevale contact the design
engineer to seek guidance on this issue. Mr. Carnevale mentioned that he would be willing to place
funds in escrow to carry out Thad Berry's recommendations.
Lang suggests that the Commission issue a partial Certificate of Compliance and they can come
back for a final sign off after the mowing and seeding is completed in the spring.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a partial
Certificate of Compliance for Thompson Farm Way, DEP File #5-873 contingent upon the
applicant escrow $1,250.00 to ensure that the bottom of the basin will be mowed in the fall 2010,
clippings removed and overseeded with a meadow seed mix and inspected in the Spring of2011 by
the Commission in order to obtain a full Cert. ofComp. Johnson seconds the motion. The motion
carries 6-0.
95 Dod2e Street - Buildin2 Addition - Discussion Re2ardin2 Application ReQuirements
Maxner informed the Commission that there is no need for them to file as the site is a fenced in yard
with no trees on the site.
60 South Terrace - Proposed PorchlDeck Replacement - Discussion Re2ardin2 Application
ReQuirements
Maxner explains what the applicant is proposing. Lang suggests that they could file an RDA if they
stay within the footprint, otherwise they should file a Notice ofIntent.
875 Hale Street - OSRD Conceptual Plan - Plannin2 Board ReQuest For Comments
Maxner reviews the conceptual plans for the OSRD at 875 Hale Street. She states that the latest
plan is for 5 lots and she does not think that the two existing houses are included in the calculations
for the open space.
Squibb notes that lot 3 is in the buffer zone and moving it would affect access to the other lot.
Maxner will draft a comment letter for the Planning Board and send it to members via email for
their review.
Approval of Expenses
Maxner requests that the Commission approve an expenditure of $450.00 for the renewal of the
Commission's membership for the Massachusetts Association of Conservation Commissions
(MACC).
Paluzzi moves to approve the expenditure. Johnson seconds the motion. The motion carries 6-0.
Beverly Conservation Commission
July 6, 2010 Meeting Minutes
Page 90f9
Orders of Conditions
There were no Orders of Conditions issued this evening.
Approval of Minutes
There were no minutes presented for approval this evening.
Adjournment
There being no further business to come before the Commission this evening, Johnson moves to
adjourn the meeting. Squibb seconds the motion. The motion carries 6-0.
The meeting adjourns at 9:30 p.m.