2011-01-04Beverly Conservation Commission
January 4, 2011 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date: January 4, 2011
Board: Conservation Commission
Members Present Tony Paluzzi, Dr. Mayo Johnson, Bill Squibb, Kate Glidden, and
Gregg Cademartori
Members Absent: David Lang, Mary Reilly
Others Present: Amy Maxner — Environmental Planner
Recorder: Eileen Sacco
Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 3 rd Floor, 191 Cabot
Street Beverly, MA.
Recess for Public Hearings
Johnson moves to recess for public hearings at this time. Cademartori seconds the motion. The
motion carries 5 -0.
Notice of Intent
Cont: 4 Gavin Circle — Jon & Joan Perry
Maxner states that the applicant is not present this evening and she expected that they would be
to present their project. Paluzzi suggests that Maxner contact them one more time to see what
their intentions are, and the Commission will continue the matter to the January 25, 2011
meeting.
Johnson moves to continue the public hearing to January 25, 2011. Cademartori seconds the
motion. The motion carries 5 -0.
Cont: 44 Prince Street — David Carnevale
Bob Griffin is present for the applicant. Mr. Carnevale is present also.
Griffin addresses the Commission and explains that this project was first proposed as a building
addition to an old and somewhat historic guesthouse. He explains the existing site conditions
and the location of the guesthouse on the site.
Griffin explains 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 Bank and Land Subject to Coastal Storm Flowage.
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Griffin explains that, based on feedback from the Commission during the site inspections, the
project has been modified to address the Commission's concerns and the performance standards
in the Beverly Wetlands Regulations. He notes that the footprint of the addition is similar to the
former plan but they have flipped the design and eliminate a direct connection to the guesthouse.
He notes they will raze the existing garage and a garage will be located on the south end of the
property and they have removed construction of patio, trellis and house corner out of the 25 -Foot
No Disturb Zone. He notes that this change will require a ZBA variance, which they will apply
for shortly.
Griffin explains that they are proposing to remove 1,560 s.f of existing driveway and they are
installing drywells to capture more runoff He notes that the driveway removal will occur in the
25' NDZ but will have to perform work in the NDZ for the sewer pipe work but that area will be
returned to its original condition. Griffin notes that if feasible they would use the City sewer
system if it were in place.
Paluzzi notes that there is an outstanding Order of Conditions for this property. Griffin explains
that it was for an addition to the main house and construction of a pool. He explains that the
pool was built but the addition to the house was not and they would like to leave that Order open
at this point.
Paluzzi asks if there is any difference in the volume of runoff that results from this plan revision.
Griffin explains that this plan has more removal of impervious surface than the original plan so
there may be a slightly less runoff with this plan.
Maxner asks the number and size of proposed drywells. Griffin states that they are installing two
500- gallon drywells on the site. He also explains that the new septic tank will go to a leeching
field unless they choose to use the sewer system.
Griffin reviews the trees to be removed on the site. He explains that they are pretty much the
same as the original plan, noting that there are a couple of trees that could be saved with this plan
as the new building does not encroach into them.
Paluzzi asks if the vista - pruning plan is the same. Griffin states that it is and notes that they will
have an arborist come in to prune the locust trees in the back. Paluzzi suggests that they notify
Maxner if they find that any other trees need to be removed.
Paluzzi opens the hearing up for public comment at this time. There is no one present who
wishes to comment on this project.
There being no further comments or questions regarding this matter, Cademartori moves to close
the public hearing. Johnson seconds the motion. The motion carries 5 -0.
New: 159 West Street — Helen Grela/Laura Gibson Landscape Design
Maxner reads legal notice.
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Laura Gibson is present for the applicant.
Gibson addresses the Commission and explains that they are proposing to remove a large
multiple -trunk Linden tree located immediately adjacent to the house and perform grading to
alleviate flooding issues that have caused damage to the house in the past, and installation of a
retaining wall. She explains that the work will take place within the buffer zone to a Coastal
Bank.
Gibson explains that the tree is hollow at the middle and near the top and the base of the tree is
11'9" from the house and shows the Commission photos. She notes that the owner has
reluctantly decided to remove the tree for safety reasons.
Gibson explains that some replanting within the buffer is proposed and explains that a honey
locust tree will be planted 40 feet from the house in a location that is acceptable to the neighbors
so as not to block views. She also explains that they will re -grade and install a swale around the
house with a 2 -foot high retaining wall if needed.
Paluzzi asks how far they would have to lower the land. Gibson explains the area on the plan
and notes that they are not proposing work in the NDZ. She explains that the work will begin
32' from the top of the coastal bank and will remove the soil re -grade so the water flows around
the house. Maxner notes that the work is basically within the existing lawn area.
Squibb asks if they have given any thought to planting more than one locust tree. Gibson states
that they have not planned that but they would consider planting a second tree on the east side of
the property. He also notes that they are very conscious of maintaining habitat noting that
raccoons and hawks have occupied the trees on the property and on the bank.
Maxner notes that there is no erosion control on the plan and suggests that they use a filter sock.
She also notes that the 25' NDZ should be shown on the plan.
Paluzzi opens the hearing up for public comment at this time. There is no one present who
wishes to comment on this project. Members agree that there is no need for a site visit as this
project is fairly straightforward.
There being no further comments or questions regarding this matter, Johnson moves to close the
public hearing. Cademartori seconds the motion. The motion carries 5 -0.
New: 44- 46 River Street — National Grid/Boston Gas/Mass. Electric
Maxner reads legal notice.
Matt Varrell and Karen Fisk of VHB is present for the applicant. Erin Whoriskey and Jason
Naiden of National Grid are present and Joe Higgins, LSP with Innovative Engineering Solutions
is present.
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Varrell explains that the applicant proposes to conduct site work including: environmental
remediation, installing a sheet pile wall, building demolition, parking lot reconfiguration and
repaving, and stormwater management. He explains the site and the locations on the plans.
Varrell explains the existing resources on site as coastal bank, 100 -foot buffer zone, 200 -foot
riverfront Area extending from the Bass River, and the land subject to coastal storm flowage, and
100 -year flood plain at elevation 10. He notes that the coastal bank is roughly at elevation 6 or
7.
Varrell notes that the current drainage on the site is an existing pipe through the center of the
property to the Bass River. He notes that they received an RDA in December to replace a
collapsed pipe, which receives municipal street stormwater. There are several catch basins on
site that contribute to that pipe as well.
Varrell notes that there are several buildings on the site to be demolished and a majority of the
site is paved with some packed gravel areas. He hands the floor to Joe Higgins for an
explanation of the MCP issues on site.
Higgins addresses the Commission and explains the plans for the remediation of the upland
portion of the site. He explains that the Boston Gas site was a former manufacturing gas plant
operation and his firm determined the extent of the contamination on the site and it was
ultimately decided to create a type of "bath tub" to contain it and install a sheet pile wall and cap
it. He also explains that they will install wells to collect contaminated groundwater if necessary
and the existing timber bulkhead will be replaced with a sheet pile wall.
Higgins explains that there are sources of coal tar on the site and they will dig and remove these
hot spots from the site. He also notes that any debris will be removed by pre - trenching and if
any hazardous material is found it will be stockpiled and removed from the site appropriately.
Higgins explains that the restoration plan will include a protective layer of flexible membrane
with a liner cushioned with a layer of sand and a chain link fence will be installed. He notes that
the rest of the site will be paved.
Varrell addresses the Commission and explains Phase II the reconfiguration and consolidation of
the site. He notes that the drainage system will be sheet flow to a bioretention area as opposed to
catch basins and explains the process. He notes that a new pipe will be installed from the edge of
River Street to the new that is being installed to replace the collapsed pipe on the site. He
explains the drainage on the site and notes that an overflow structure will go directly to the river.
Varrell explains the impact that the project will have on the resource areas, which includes 238
linear feet of the coastal bank, 228 of which accounts for the sheet pile wall and 55 accounts for
stone rip rap. He notes that 63,000 s. f. of remediation in the Riverfront Area of which 5 1, 000 s. f.
is previously developed Riverfront and 15,000 s.f of restoration. He explains the components of
the restoration area.
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Varrell explains that erosion control measures and a silt fence will be installed during active
excavation, and wheel wash stations will be onsite.
Paluzzi asks if the hot zone is marked on the plan. Higgins notes where they are on the plan and
explains that the material will be appropriately removed from the site. He notes that there are
two docks on the waterside and they have no intention of disturbing them. He also notes that the
ownership of them is in question.
Paluzzi notes that there is an outstanding Order of Conditions for this site. Erin Whoriskey states
that they plan to file for a Certificate of Compliance for the outstanding Orders for the next
meeting.
Johnson asks if there is a walkway in the area to the Bass River. Higgins states no.
Maxner asks if the work requires a Chapter 91 License. Higgins states that a Chapter 91 License
is not required because this is a maintenance project to an existing bulkhead.
Cademartori asks if they are subject to MEPA for the coastal bank impacts. Higgins explains
that this is not subject to MEPA until such time as they request a state project. He also notes that
the wall will be below grade.
Squibb questions what they will do with the pilings and the final grading at the Desmond side of
the site. Higgins states that they will be pulled and sheet piles will be driven just outside of them
on the riverside and the grade will meet existing at Desmond as the wall will be below grade at
that point. He notes that marine grade steel will be used to minimize corrosion issues for the
vertical sheet pile wall and deadmen will be included to secure the wall from collapse.
Paluzzi asks what the depth of the contamination is. Higgins states that it is about 18 feet.
Cademartori asks in what storm event will the system surcharge. Karen Fisk explains that the
design is for the surcharge of a one -year storm with the first 1 -inch of treatment. She notes that
the main goal of the stormwater system is to sheet the water away from the capped area.
Cadmeartori notes that this system will surcharge quite frequently and asks if there is any way to
expand the bioretention area further landward into the site since so much of the site will be paved
for parking. Varrell and Fisk respond that this was looked at but the limit of the remediation cap
was prohibitive.
Maxner asks if they have given any thought to a vegetated swale on the site. Varrell states that
they have not looked at that for this side of the site.
Maxner suggests that the Commission visit the site.
Paluzzi opens the hearing up for public comment at this time.
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Harry Coffey of 3 Marshall Court addresses the Commission and expresses his concern about the
runoff and contamination to his property from this site. He notes that he is a commercial
fisherman and over the years they have paved this site right up to the fence and each time the
damage to his property is worsened. He also notes that he keeps lobsters on his site and he has
requested that they release the overflow at high tide but that has not happened.
Tim Vann of National Grid addresses the Commission and states that the sewerage backs up on
the site when it rains and their site floods. He states that the Beverly engineering department
advised them to put large rocks on the manholes during storm events, and since the last storm
they have been blocking the manholes but this problem is not caused by Grid, it is an SESD
problem and Grid's operations suffer from sewage surcharges just as badly.
Coffey addresses the Commission and notes that the drainage issues cause mud, silt and sand to
go into his dredge hole where he keeps his lobsters. He also notes that if they drain the site at
low tide, fresh water gets into their dredge hole and the lobsters die. She requests that they plan
to send the drainage the other way where it would not impact anyone.
Varrell states that it is a large issue with the city and National Grid and he would like to get more
information about this, noting that they would take a look and see if there is something they
could do to address the problem.
Varrell notes that the project has not been issued a DEP file number as of today.
Maxner notes that the Coffey's mentioned paving on the site and notes that she does not recall
any approvals being granted for that work on the site. She notes that she will review the
historical aerial photos of the site.
There being no further questions or comments regarding this matter, Johnson moves to continue
the public hearing to January 25, 2011 pending a site visit on January 15, 2011 at 8:30 A.M.
Squibb seconds the motion. The motion carries 5 -0.
Old/New Business
Cont: 96 & 102 Cherry Hill Drive — The Flatlet/ Company/Meridian Engineering
Associates
Maxner informs the Commission that the applicant's wetland scientist has re- flagged the area but
was unable to be here this evening and has requested that the matter be continued to January 25,
2011.
Johnson moves to continue the matter to the January 25 meeting. Squibb seconds the motion.
The motion carries 5 -0.
Cont: 54 Paine Avenue, Enforcement Order — Tim Brady
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Maxner informed the Commission that the consultant is finalizing a restoration plan for Mr.
Brady and requested that the matter be continued to January 25, 2011.
Johnson moves to continue the matter to the January 25 meeting. Glidden seconds the motion.
The motion carries 5 -0.
New: Dix Way — McInnis Paving — Tim McInnis
Tim McInnis is present.
McIinnis addresses the Commission and explains that he operates his paving business at 5 Dix
Way immediately adjacent to Dix Park and there is a small stretch of open channel of Chubbs
Brook in that vicinity. He notes that he has been operating this business in this location for many
years and is compliant with Zoning. He also notes that various materials from his operation are
stored in outdoor "bins" that he does cover most of the time. He explains that the Beverly Farms
Improvement Society have mentioned to him that they think his business is a wetlands violation
and have threatened to report him to DER He explained that he contacted Maxner and asked her
to write a letter stating that he is not in violation. Maxner notes that she thought it best that the
Commission consider this request.
McInnis notes that Mike Collins and Eric Barber have been to the site and determined that he is
not encroaching into the Dix Way right of way.
Cademartori asks if the asphalt pile is temporary. McInnis states that it is temporary and
explains that he recycles it at a facility in Ipswich and does not keep a substantial amount on site
at any given time.
Maxner recalls a conversation with Mr. McInnis a couple years ago regarding the concerns of the
neighbors and at the time she did not think that there was any violation but she did not formalize
her opinion in writing.
Johnson suggests that the Commission visit the site. Members agree. The Commission will visit
the site on January 15, 2011 at 9:30 a.m.
New: 363 -399 Rantoul Street, Burnham Apartments — Windover Properties, LLC -
Planning Board Request for Comments
Maxner explains that the applicant, Windover Development, has submitted a site plan review and
special permit application with the Planning Board for a 4 -story apartment building to be
constructed at 363 -399 Rantoul Street (the old Kelly Nissan/Infinity site). The Board has asked
the Commission to make any comments as appropriate. Maxner notes that based on GIS and
other mapping materials, it does not appear that any wetlands or buffer zones encumber the
subject property. The Commission reviews the site plans and discuss the project briefly.
Members agree that there are no wetlands issues on site and therefore direct Maxner to inform
the Board that the Commission has no comments on this project.
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Approval of Expenditures
Renewal of Stipend for Conservation Administrator
Maxner asks if the Commission is willing to continue the annual expenditure of $5,000 stipend
for the Conservation Administrator for 2011.
Johnson asks how long the stipend has been in effect. Maxner states it has been 4 years.
Johnson suggests that it be increased and asks the Commission members if they support an
increase. Members agree and discussion ensues as to what percentage or dollar amount increase
should be given.
Johnson moves to raise the stipend by $500.00 and appropriate a total sum of $5,500 for the
2011 yearly stipend for the Conservation Administrator. Glidden seconds the motion. The
motion carries 5 -0.
Mileage Reimbursement — Conservation Administrator
Johnson moves to approve the expenditure of $144.40 for mileage reimbursement for Amy
Maxner for the period of September — December 2010. Glidden seconds the motion. The motion
carries 5 -0.
Orders of Conditions
44 Prince Street — David Carnevale
Discussion ensues as to potential conditions to be issued.
Johnson moves to issue Standard Conditions, and the following Special Conditions:
1. Stormwater runoff from the new driveways servicing the new house shall be directed to
maximize infiltration and minimize direct discharge to resource areas by way of crushed
stone shoulders or other means as appropriate.
2. Proposed vista pruning shall not reduce the canopy by more than 10% as defined in 310
CMR 10.04.
Cademartori seconds the motion. The motion carries 5 -0.
159 West Street- Helen Grela
Discussion ensues as to potential conditions to be issued.
Johnson moves to issue Standard Conditions, and the following Special Conditions:
1. Prior to work commencing an updated plan shall be submitted depicting the 25' No
Disturb Zone and the 100' Buffer Zone.
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2. Erosion control may consist of filter sock or similar method.
3. An additional Honey Locust tree or other native tree shall be installed within the coastal
bank buffer zone somewhere between the house and the bank.
Squibb seconds the motion. The motion carried 5 -0.
Approval of Minutes
The minutes of the Beverly Conservation Commission meeting held on October 19, 2010 are
presented for approval.
Johnson moves to approve the minutes as amended. Squibb seconds the motion. The motion
carries 4 -0 -1 with Glidden abstaining.
The minutes of the Beverly Conservation Commission meeting held on November 30, 2010 and
are presented for approval.
Johnson moves to approve the minutes as written. Squibb 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 9:00 p.m.