2010-11-09CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date: November 9, 2010
Board: Conservation Commission
Members Present Chair David Lang, Tony Paluzzi, Dr. Mayo Johnson, Mary Reilly,
Bill Squibb
Members Absent: Gregg Cademartori and Kate Glidden
Others Present: Amy Maxner — Environmental Planner
Recorder: Eileen Sacco
Lang calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 3 rd Floor, 191 Cabot Street
Beverly, MA. At 7:00 p.m.
Certificate of Compliance
Cont: 84 West Street, DEP File #5 -820 — Joseph Leone
Bob Griffin is present for the applicant.
Griffin explains that his firm has prepared an as -built plan. He notes the Order governed
demolition of existing garage, construction of a new detached garage, outdoor spa, bluestone
patio and walkway, deck, reconfiguration and resurfacing of driveway and installation of
subsurface infiltration chambers and landscaping. He also explains that the compensatory flood
storage was a requirement due to the spa encroaching into the 100 -year floodplain and the
storage area was constructed, which involved removing an area of historic dumping and yard
compost adjacent to the stream. He notes that he has certified this. He notes that the garage
project was abandoned as was the spa and most of the patio. He notes what was completed on
the as -built plan.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a
Certificate of Compliance. Reilly seconds the motion. The motion carries 5 -0.
New: 289 Hale Street, DEP File #5 -945 — Endicott College c/o Richard Wylie
Maxner explains that at the last meeting the Commission requested that the College wrap up this
outstanding Order for the Wylie Inn/Ebinger Hall project permitted a few years ago. This project
involved a large addition to Ebinger Hall, renovations to existing building, reconfiguration of
access driveway and parking, addition of stormwater management features, landscaping, removal
of existing stormwater point discharge and restoration of eroded channel within BVW.
Joe Orzel addresses the Commission and explains that they tried to contact the contractor who
did the work without success. He explains that they continue to try and locate the original as-
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built plans for the site, noting that Geller Devllis of Boston was the engineer for the project but is
no longer in business.
Lang suggests that the matter be continued to the next meeting to see if they are able to find the
additional information requested. Orzel requests that the Commission table the matter until
Charlie Wear arrives, noting that he has been working on an as -built plan. Lang agrees to take
the matter up later in the meeting when Wear arrives.
Request for Determination of Applicability
New: 134 McKay Street, Beverly Golf & Tennis Club — City of Beverly
Maxner reads legal notice.
Eric Barber, Assistant City Engineer, is present on behalf of the City and the Tennis Club. He
addresses the Commission and explains that the City is proposing upgrades to several cart paths
on the golf course. He explains that 800 feet of the project falls within the 100 -foot buffer zone
to various wetlands found on the course. He notes the areas and locations on the plan.
Barber reports that he has worked with Maxner all along during this process and they visited the
site to determine appropriate erosion controls in these areas. He notes that her recommendations
have been included in the plan.
Barber explains the process they will use to upgrade the paths, noting that excavation and
repaving work is a fairly quick operation with limited amount of time of exposed soils.
Lang asks how late in the season would they pave. Barber states that depending on the weather
they could do it in mid November or as late as early December. He also notes that there is a
good possibility that they may do site prep work and pave the site in the spring. Lang states
that it would be preferable not to leave them open during the winter. Barber explains that Steve
Murphy, the Golf Course Manager will be coordinating the work with the contractor and he will
make sure that they are aware of that.
Maxner explains her recommendations regarding erosion control for the site. She explains that
there is a culvert in area 3 on the plan and she recommends a silt fence for that area, and areas l
and 2 are bridges that go to one stream and a wetland on the site. She notes that they are not
changing the bridges and she recommends hay bales perpendicular to the ends.
Reilly asks where they will store the dirt. Barber explains that there are three T boxes and they
can utilize the dirt on site but won't store it in the buffer zones.
Lang notes that the best protection for the buffer zone is to keep the contractor out until spring or
get in and get the work done first and button the site up for the winter.
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Members agree to condition the project so that areas of work in the buffer zones must be totally
completed prior to winter or that they not be touched at all until the spring. Barber notes that he
will communicate this to the City, Tennis Club and contractor.
There being no further questions or comments regarding this matter, Paluzzi moves to issue a
Negative 3 Determination with conditions as discussed. Reilly seconds the motion. The motion
carries 5 -0.
New: 109 -123 Water Street — Tuck Point Condominiums
Maxner reads legal notice.
Ed Giordano from Lessard Environmental is present for the applicant.
Giordano addresses the Commission and explains that they are proposing to install additional
piping to complement and augment the existing groundwater remediation system. He explains
the plans and notes that approximately 350 feet of trenching will accommodate 4 -inch PVC
piping about 3 feet below grade.
Giordano explains that the work will take place within the 100 -foot Buffer Zone to Coastal Bank.
Lang asks what is the size of the wells. Giordano explains that they will be 6" in diameter set 25
feet below grade with 4 -inch PVC pipes. He explains that there will be two main trenches with
four sets of pipes.
Johnson asks why they are installing more pipes. Giordano explains that inside the current
treatment system there is a large vacuum blower and they want to capture more oil from the
parking area. He explains the process to the Commission.
Squibb asks where the system is located. Giordano explains that it is located at the south end of
Building 3 and notes that area on the plan. He also notes that there will be no modifications to
the building. He notes that they intend to start work tomorrow.
Lang states that that they are proposing an aggressive schedule and notes that there is a 10 -day
appeal period. Maxner explains that they could proceed at their own risk. Giordano states that
they want to repave the existing parking area as soon as possible.
Lang asks if there is any 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 issue a
Negative 3 Determination. Paluzzi seconds the motion. The motion carries 5 -0.
New: 44 -46 River Street — National Grid
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Maxner reads legal notice.
Matthew Varrell from VHB is present for the applicant. He addresses the Commission and
explains that National Grid is proposing to repair an existing partially collapsed 24 -inch non -
reinforced concrete pipe that conveys street and site stormwater drainage. He explains that the
work will take place within the existing paved areas and within 100 -foot Buffer Zone to Coastal
Bank, Land Subject to Coastal Storm Flowage and the 200 -foot Riverfront Area.
Varrell explains they are proposing to replace 220 linear feet of existing drainage pipe that
comes in from offsite. He notes that they inspected the pipe with a TV camera and found that a
portion of the pipe is collapsed and the water is not adequately flowing though the pipe. He
further explains that they will replace that section of the pipe with a 24" pipe and install a couple
of manholes to make the sure that the pipe to the outfall is in good shape. He also notes that they
are trying to get the work done and repaved before the asphalt plants close for the winter.
Reilly questions why they did not file a Notice of Intent for the proposed work. Varrell explains
that there is another phase of work to be done for the reconfiguration of the site and they will be
filing a NOI for that work. He explains that this project is to repair the pipe.
Reilly asks if there will be any excavation of soils and if they will trigger MPC protocol. Joe
Higgins of National Grid addresses the Commission and explains that they will be doing some
excavation and the soil will be disposed of properly. He explained that the soil will be stockpiled
outside of the Riverfront Area and if the soil is not overly concentrated it will be reused on the
site, if not it will be treated appropriately and hauled offsite.
Lang asks if this is an area where they would expect to find coal tar. Higgins states that they do
not expect to find coal tar in this area but will be fully prepared to deal with it if they do.
Reilly asks what they plan for erosion control. Varrell explains that they will use hay bales and
a silt fence during the construction.
Lang notes that characterizations of the area indicate that they might find something more
serious in this area. Higgins explains that they will find soil that is not pristine but nothing as
serious as coal tar, at least in this particular area.
Maxner asks if they talked with City Engineer Mike Collins. Higgins states that they did talk to
Collins and he has no issues with this proposal.
Lang states that if they run into contaminated soil he would prefer that they use a roll off rather
that stockpile the material on the site. Higgins agrees.
Lang asks if there is any public comment at this time. There is no one present who wishes to
comment on this matter.
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There being no further questions or comments regarding this matter, Paluzzi moves to issue a
Negative # 2 Determination with the following conditions:
1. Prior to work commencing, the Conservation Agent shall inspect installed erosion
controls.
2. A roll off container shall be used to store contaminated soils, if such soils are found.
3. All stockpiling of any excavated materials shall be outside the 200' Riverfront Area.
Reilly seconds the motion. The motion carries 5 -0.
Continuation: 289 Hale Street, DEP File #5 -945 — Endicott College c/o Richard Wylie
Charlie Wear is present at the meeting and addresses the Commission. He explains that he has
completed an as built survey of the project and everything seems to be in order. He notes that he
is not sure if the infiltration system was installed properly as neither Dennis Monaco nor he were
involved in the project back then.
Lang notes that the college should have some record of it, noting that there should be a paid
invoice that would show what work was done.
Wear states that he is willing to file a request for Certificate that certifies that in his professional
opinion the site is in compliance.
Wear states that during the site visit it was noticed some rip rap sloping off downstream and they
will take care of that. He explains that the whole swale needs to be maintained but it is not in
bad shape, and Monaco will oversee that the work is done on the property.
Lang suggests that the Commission continue the matter to November 30, 2010 so that the
applicant can provide additional information. Members agree.
Paluzzi moves to continue the matter to November 30, 2010. Johnson seconds the motion. The
motion carries 5 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings at this time. Squibb seconds the motion. The motion
carries 5 -0.
Notice of Intent
Cont: 4 Gavin Circle — Jon & Joan Perry
Maxner states that she has not heard from the applicant since the last email correspondence from
them. Lang suggests that Maxner contact them again to see if they plan to move forward with
the project. Maxner agrees.
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Paluzzi moves to continue the public hearing to November 30, 2010. Reilly seconds the motion.
The motion carries 5 -0.
Cont: 289 Hale Street, Endicott College
Joe Orzel, Charlie Wear and Dennis Monaco are present.
Orzel addresses the Commission and explains that since the last meeting the Commission has
visited the site and there are some issues that were raised at the site inspection.
Orzel explains that the Commission asked that they look into incorporating a rain garden rather
than just putting in a dry well, as well as installation of a berm along the edge of the gravel walk
along the property.
Orzel explains that the area proposed for the rain garden is an ideal spot for it and they have
incorporated it into the plan.
Lang asks how the water will get through the berm. Wear explains the process.
Reilly questions the design of the rain garden. Wear states that they have not done a detailed
plan for the rain garden but explains that they will excavate three feet of material and install
organic matter and loam and plant it out. Reilly recommends that they use the UNH design.
Maxner notes that another issue raised at the site inspection was the matter of the management of
the invasive species on the site.
Lang notes that there is still the matter of the outstanding order of conditions and he would like
to see more information on the design of the rain garden and suggests that the public hearing be
continued to November 30, 2010. Johnson suggests that the Commission close the public
hearing this evening and take no action until such time as the outstanding Certificate of
Compliance is issued and the additional information requested is received.
Johnson moves to close the public hearing for 289 Hale Street. Paluzzi seconds the motion. The
motion carries 5 -0.
New: 44 Prince Street — David Carnevale
Bob Griffin is present for the applicant.
Maxner reads legal notice.
Griffin addresses the Commission and explains that they filed a similar application in 2006 and
due to zoning issues they withdrew the application.
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Griffin explains that the project involves renovation and construction of a building addition to
the existing guesthouse with associated driveway, utilities and landscape improvements within
Buffer Zone to Coastal Beach, Bank and Land Subject to Coastal Storm Flowage. He explains
that they are proposing access changes to the property, noting that they are shifting the driveway
8 feet and move the pillars to create a loop. He notes the areas on the plan.
Griffin explains that the residents of Prince Street have petitioned the City to tie into the City
sewer system and if that opportunity arises they may abandon the plan for the septic field and tie
into the City sewer as well.
Griffin explains the variances that they are seeking for this project and notes that they will be
going to the Zoning Board next month. He notes the work to be done in the 25' NDZ noting that
a portion of the house and patio is in the NDZ. He explains that they will be taking a lot of the
impervious surface out of the NDZ.
Griffin explains the runoff on the site.
Griffin explains that they have tried to minimize the tree removal on the site by location of the
house. He explains that they are proposing to remove 1 Locust Street and 2 Norway Maples and
a Sugar Maple.
Johnson questions the reason for putting the house where it is located, noting that they could
have torn down the existing house and built elsewhere on the lot.
Lang asks the Commission if they want to visit the site. Paluzzi agrees that a site visit is needed.
Johnson states that he has a problem with building in the NDZ, and the proposed mitigation is
insufficient.
Maxner requests that they provide a summary of the mitigation that they are proposing.
Reilly states that she has a problem with building in the NDZ and would like to see alternative
house designs to move it further away from the Bank.
Lang states that he feels that the proposed patio could be moved to another area.
The Commission scheduled a site visit for November 20, 2010 at 8:00 a.m.
Lang opens the hearing up for public comment at this time. There was no one present who
commented on this matter.
There being no further questions or comments regarding this matter, Johnson moves to continue
the public hearing to November 30, 2010 with a site visit as scheduled. Paluzzi seconds the
motion. The motion carries 5 -0.
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54 Paine Avenue — Wetlands Violation — Discussion with Owner Tim Brady
Tim Brady is present.
Paluzzi recused himself from discussion of this matter and left the room.
Maxner addresses the Commission and explains that she received a report that there was a
wetlands violation at 54 Paine Avenue /675 Hale Street vacinity. She explains that she visited the
site and met with the owner Tim Brady. Maxner reports that the owner, Tim Brady was
completely unaware that the area is a wetland.
Brady addresses the Commission and apologizes for this violation. He explains that there were a
lot of really old pine trees on the site some of which were close to the house and a very large
pine fell onto the house causing damage. After that incident he decided to have the pines cut
down to avoid future tree damage. Maxner states that there were a few trees that were
completely hollow and diseased in the middle. She also notes that they kept the hard wood trees
and cut only the pine trees, however they were located in the buffer zone and 25 -foot no
disturbance zone.
Maxner states that she has recommended a restoration project and suggested that Mr. Brady
secure the services of a wetland scientist.
Lang agrees that a restoration project is definitely in order.
Brady states that he will clean up the wood chips left in the area and follow what ever the
Commission directs him to do. Discussion ensues as to conditions to be included in the
Enforcement Order and the Commission agrees to the following conditions:
➢ Immediately cease and desist from any further activity within the wetland and buffer
zone;
➢ As soon as possible, install silt fence erosion control along the edge of the wetland to
minimize erosion and sedimentation of loose /exposed soil from migrating into the
wetland;
➢ Secure the services of a professional wetland scientist to prepare a full restoration plan of
the Buffer Zone and wetland to be submitted in time for the January 4, 2011
Conservation Commission meeting;
➢ The restoration plan must include native trees, woody shrubs and ground cover and
herbaceous plant species;
➢ The restoration plan must include a tree replacement ratio of at least 1:1;
➢ A 3 -year monitoring plan shall be submitted with the restoration plan that ensures at least
75% growth coverage;
➢ Restoration of said areas must be completed no later than June 1, 2011.
Squibb asks how many trees were cut down. Brady estimates that it was about 20 pine trees.
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Maxner requests that the Commission ratify the enforcement order for 54 Paine Avenue, and that
Mr. Brady come back to the Commission with a restoration plan. Reilly moves to ratify the
enforcement order for 54 Paine Avenue. Squibb seconds the motion. The motion carries 5 -0.
New: Amendments to Conservation Restriction for Open Space Parcel at Manor Homes at
Whitehall /Chapman's Corner — Manor Homes Development, LLC & Beverly Conservation
Land Trust
Scott Houseman is present for the Beverly Conservation Land Trust and John McLaughlin is
present for Manor Homes.
Maxner explains that the State EOEEA amended the Conservation Restriction that was approved
by Manor Homes and the Commission for the 6 -acre open space parcel at Whitehall /Chapman's
Corner. She explains that EOEEA required several changes to the agreement. She also explains
that George Hall has reviewed the changes and has no issues with the changes as presented and
has recommended the Commission approve the amended CR.
Houseman addresses the Commission and explains that the changes made by EOEEA did not
change the meaning of anything in the agreement but rather further clarified language therein.
He explains that the Commission must approve the revised agreement so that it can move
forward to the Beverly City Council for their approval.
Paluzzi moves to approve the Amended Conservation Restriction for Open Space Parcel at
Manor Homes at Whitehall/Chapman's Corner — Manor Homes Development, LLC & Beverly
Conservation Land Trust. Reilly seconds the motion. The motion carries (5 -0).
Lang and Commission members sign the Conservation Restriction; McLaughlin is the notary
public and acknowledges their signatures.
Houseman notes that the BUT would like to allow for Boy Scout camping on the site and asks
if the Commission
New: Definitive Subdivision Plan for Michael Road Extension, Planning Board Request for
Comments
Griffin gives the Commission a brief overview of the proposed project. He notes that they
requested variances from the Board of Appeals from 100 feet of frontage and it was denied due
to neighborhood opposition. He also notes that the Engineering Department wants drainage
calculations. He notes that a small wetland was delineated off site and that none of the proposed
work falls within the Buffer Zone.
Maxner states that she has not had time to look at this. Lang notes that if there is a potential
vernal pool on the site it should looked at. Members agree that they have no significant
comments for the Planning Board on this application.
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7 Netherton Avenue — Proposed addition
Maxner explains that the applicant is proposing a second story addition over an existing patio
within the Buffer Zone to a BVW and she would like some direction from the Commission on
whether the owner needs to submit an application. She notes that there will be no new
impervious surface as a result of this project.
Reilly asks how close the proposed work is to the wetland. Maxner notes that it will be
approximately 55 feet away, and notes that the Commission approved of an above ground pool in
1999, which is closer to the wetland. Members discuss the information as communicated by
Maxner and agree that no formal application is necessary as long as proper erosion control is
employed and monitored by way of the City's Erosion Control Ordinance and any demolition
materials are taken off site immediately.
550 Cabot Street — Wetlands Violation
Maxner reports that she was alerted to dumping going on at the corner of 550/548 Cabot Street.
She prepared an enforcement letter to be sent to the applicant and requests that the Commission
review the letter and approve it. Members agree to its content and direct Maxner to send letter.
Approval of Minutes
The minutes of the Beverly Conservation Commission meeting held on August 31, 2010 and are
presented for approval.
Paluzzi moves to approve the minutes as amended. Johnson seconds the motion. The motion
carries 5 -0.
Orders of Conditions
289 Hale Street, Endicott College
Discussion ensued as to potential conditions for the project.
Johnson moves to issue Standard Conditions and the following Special Conditions:
1. At the November 9, 2010 meeting, the Conservation Commission voted to reserve the
right to re -open the hearing if the following deliverables are not received and approved of
at the time of the November 30, 2010 meeting:
a. A detailed plan depicting the proposed rain garden, including a cross section, a
planting schedule and monitoring and maintenance protocol;
b. Invasive specie removal and management protocol for invasive plants located
within the 100 - buffer zone and wetland resource areas;
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c. Documentation providing credible assurance /certification that the subsurface
stormwater infiltration system permitted under Order of Conditions DEP File #5-
945 was installed and done so properly.
Paluzzi seconds the motion. The motion carries 5 -0.
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 9:20 p.m.