2011-07-19Beverly Conservation Commission
July 19, 2011 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date: July 19, 2011
Board: Conservation Commission
Members Present Chair David Lang, Vice Chair Tony Paluzzi, Mary Reilly, Dr. Mayo
Johnson, Bill Squibb and Katelyn Merrill
Members Absent: Kate Glidden
Others Present: Amy Maxner — Environmental Planner
Recorder: Amy Maxner
Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex, Street Beverly,
MA.
Certificate of Compliance
New: 675 R Hale Street, DEP File #5 -739 — Seamans
Maxner informs the Commission that the Order of Conditions, issued to Ms. Eugenia Seamans in
May of 2001, governed cleaning up the dunes from storms and resetting boulder rip -rap along the
Coastal Bank. She notes that John Dick of Hancock Associates has provided a narrative of his
observations and some photos of current conditions of the area, noting there is a request for a
waiver from the as -built plan. Maxner believes the Commission is well acquainted with this area as
several site visits at the neighboring property at 76 Paine Avenue has given the Commission several
opportunities to view this area, which is immediately adjacent.
Lang asks to review the approved plan. Members consider the approved plan, which was a survey
plan by Hancock Associates and annotated by the applicant as to where boulders will be replaced
and clean up conducted.
Paluzzi moves to issue the Certificate. Reilly seconds the motion. The motion carries 6 -0.
New: 675 R Hale Street, DEP File #5 -855 — Seamans
Maxner reminds the Commission that the Order of Conditions, issued in August of 2004, governed
extension of water and sewer connections to several of the houses in the vicinity of 675 Hale Street.
She explains that the route for the extensions came off of Hale Street and under the railroad tracks,
however the Order has since expired and work was undertaken as an alternative route off of Paine
Avenue was chosen. She recommends the Commission issue a C of C indicating such.
Paluzzi moves to issue the Certificate. Johnson seconds the motion. The motion carries 6 -0.
Request for Determination of Applicability
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July 19, 2011 Meeting Minutes
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Cont: 10 Eleanor Avenue — Joan Gallagher
Maxner informs the Commission that the applicant has requested a continuance to the August 9,
2011 meeting as she has not obtained the specifications for the retaining wall, but expects to have
them for the next meeting.
Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6 -0.
New: 7 Hemlock Street — Eric Swanzey
Maxner reads legal notice.
The applicant, Eric Swanzey, states that he is proposing to install a fence (part stockade and part
post & rail) and remove an area of gravel driveway at the rear of his house and restore it to a lawn
with loam and seeding. He notes that work will take place within 25' to the bank of an intermittent
stream, but will result in an improvement over existing conditions as the driveway will be shrunk
and repositioned to the side of the house. Maxner notes that she encouraged Mr. Swanzey to think
about incorporating native plantings within the newly loamed area. Reilly asks if any planting plan
has been prepared. Swanzey states that his landscape architect has not provided one, but that it is
his full intention to plant the area with native shrubs and flowers.
Lang asks what will be done with the gravel to be excavated from the 25' NDZ. Swaney states
that it will be reused in the new turn - around area of the driveway and loam will probably be brought
in for the reseeding of the old area.
Maxner recommends that the Commission issue a special condition requiring installation of erosion
controls and her inspection thereof.
There being no further questions, Paluzzi moves to issue a Negative # 3 Determination with a
special condition as recommended. Johnson seconds the motion. The motion carries 6 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion
carries 6 -0.
Notice of Intent
Maxner notes that she does not see the consulting engineer present for the next two applications and
suggests that they skip to the Brookwood School hearing.
New: 1 Brookwood Road — Brookwood School c/o Richard Chute
Maxner reads the legal notice.
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Nathan Collins, senior project manager with Gale Associates presents for the applicant. Richard
Chute of Brookwood School is also present.
Collins explains the school's property is approximately 18 acres spanning both Beverly and
neighboring Manchester. He notes that the project, an athletic facility upgrade, is entirely within
Beverly and goes on to review current conditions which include an existing natural grass playing
and practice field that is experiencing degradation and some flooding issues. He reviews the
wetland resources, noting that Chubbs Brook flows adjacent to the field with its associated 200 -Foot
Riverfront Area, a pond and some Bordering Vegetated Wetland and Buffer Zone. He notes that
the wetland consultant from Neve -Morin has reviewed and reconfirmed the wetland line from 2007
and provided such certification in the NOI.
He notes that the field is heavily used and is the only field Brookwood has available to it. He notes
that flooding and pooling water and over compaction are problems and renders the field unusable
during certain times of the year and the school has decided to upgrade it to a synthetic turf field
consisting of a main game field and a practice playing field. He notes that the field upgrade will be
accompanied by upgrades in ADA accessibility and parking improvements. He notes they are in
the Flood Zone to elevation 9, which limits their ability to raise the elevation. He notes there is an
existing culvert that drains under field and outlets to Chubbs Brook. The culvert is made of several
different pipes and materials, and to improve drainage on the upper area beyond the field a new box
culvert is proposed that will utilize the existing outlet at Chubbs Brook.
Collins explains the new field consists of free draining turf carpet on top of 9 to 10 inches of clean
crushed stone, with 12" wide flat panel drains under the stone positioned 20' on center which act as
an emergency overflow and finally discharging to the existing culvert outlet at the brook. He notes
the stone has a porosity of 30% and therefore can store the 100 -Year flood event and it will also
allow for vertical infiltration thereby eliminating the saturation and pooling in the field.
He explains that mitigation is offered for work in the RA and the local 25' No Disturb Zone (NDZ).
Currently the pond edge is mowed up to the bank in sections and they are proposing to cease
mowing, irrigating and fertilizing and install native plant species within the first 2 to 5 feet of the
pond bank resulting in about 2,000 square feet of mitigation. The new field will be pulled back
about 9 feet from the edge of the brook and BVW and that swath measuring 9 -foot wide by 600 -
foot long will be replanted with native trees, shrubs and herbaceous plantings, equaling roughly
5,400 square feet of mitigation. He notes there are other areas on the campus that are utilized by
wildlife and these areas will be improved also. He notes this goes above and beyond the school's
current invasive specie management program.
Lang asks if the new culvert and under -drain system will increase peak flow to Chubbs Brook.
Collins notes that now there is a 24" culvert, but the new culvert will be 4' x 2', but that the water is
stored within the crushed stone sub -grade which has a hydraulic conductivity moving water laterally
resulting is a lower peak rate as the water will take it almost 4 hours to reach the culvert and the
peak storm event will have already passed. Collins notes that these types of projects rely heavily on
attenuation to manage peak rate runoff
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Lang asks if there are any water quality impacts from the artificial turf runoff such as nutrients,
metals or exotic organic compounds. Collins notes his firm has done several other fields across
Massachusetts and they have tested effluent from these systems and compared results to MA DEP
drinking water standards and all tests have come back under the thresholds set by MA DEP. Lang
clarifies if they were non - detectable. Collins responds that the results are detected, but under
drinking water standard thresholds. Lang asks that they provide documentation and test results.
Collins agrees to provide that literature.
Reilly asks where the groundwater level is in terms of the proposed excavation, new structures and
field level. Collins notes they must maintain the 100 -Year Flood elevation and that the total
excavation will equal about 12 inches which involves striping top soil and some subsoil and
installing the drain system, the 9 -10 inches of crushed stone and the field surface. He notes that the
groundwater elevation is below the 12 inches as described.
Merrill questions the reoccurring saturation of the field and if that would indicate a higher
groundwater level. Collins states there is high clay content in soil which accounts for the surface
pooling and saturation, noting that they can safely achieve a pitch equaling one half percent.
Merrill asks as to the location of the mitigation along the brook and how it will be demarcated.
Collins notes it will be forward of the existing post and rail fence and a removable netting system
about 6 -8 feet high will be installed along the front side of the mitigation to prevent balls and
spectators from encroaching.
Squibb asks for the total volumes of removal of top soil asks how much new stone will be installed.
Collins responds that about 100,000 cubic yards of crushed stone will be brought in.
Johnson asks how does this type of project protect or improve wildlife habitat. Collins lists all of
the things that will be eliminated in connection with natural turf maintenance: decrease in water use
by eliminating irrigation, ceasing mowing, there will be no mowed clippings migrating into the
resource, fertilizers and pesticides will no longer be needed. Johnson asks if they can provide
documentation as to the wildlife impacts or improvements related to these types of projects. Collins
agrees to provide literature.
Merril asks of the maintenance regime for the new field. Collins explains that the field surface
receives periodic (once every 3 months or so) grooming that removes broken turf particles, sand,
stone and other errant debris so that the surface will remain unclogged. He notes that the expected
life of the field surface is approximately 10 to 12 years and then only the field surface will need to
be replaced, all of the subsurface elements remain.
Lang asks if there are any questions or comments from the audience. There are none.
Maxner reminds the Commission there is an outstanding Order of Conditions for dredging 8,000
c.y. from the pond and restoring 7,500 s.f of BVW surrounding the pond. She notes that in August
of 2006 she conducted a pre - construction meeting with school representatives and contractors, but
has not been in contact since on this project, no monitoring reports have been submitted to date.
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Chute states that Neve -Morin is currently working on getting this closed out and are in contact with
the original wetland consultant.
Lang recommends a site visit, members agree. A site inspection is schedule for Thursday, August
4, 2011 at 5:30 p.m.
Lang reviews the information requested by the Commission, which includes water quality testing
results and documentation, wildlife impact documentation and that the school work towards
securing a Certificate of Compliance for the pond- dredging project.
There being no further questions from the Commission or the public, Johnson moves to continue the
hearing to the August 9, 2011 meeting pending a site visit scheduled for August 4, 2011 at 5:30
p.m. Squibb seconds the motion. The motion carries 6 -0.
New /Cont: 675 A & B & D Hale Street — Ralph B. Vogel, Ernest L. Godshalk III & Paula Cole
Living Trust
Maxner reads the legal notice.
Bob Griffin is present representing the applicants. He explains the project is to extend public water
and sewer to the existing residences at 675 Hale Street A & B & D and the work is to take place
within the 100 -Foot Buffer Zone to Inland Bank and BVW, and the 25' NDZ. He explains that
some of the trenching will be within the existing paved access driveway and other sections will be
off the shoulder within a couple feet of the BVW and the bank of the pond. He notes that the
revised NOI also involves installation of electric cable and driveway resurfacing for 675 D and
installation of a small 6" culvert pipe under the driveway leading to A & B. He reviews the details
for the new elements of the project, noting that the driveway will be gravel at D and the culvert for
A & B is to alleviate pooling of water and icing in the winter at this section of the drive.
Maxner notes that some of the Commission members conducted a site inspection on Saturday July
16, 2011.
Merrill confirms that the existing culvert under the roadway will be removed for utility installation
and replaced at the same inlet and outlet elevation. Griffin states that it will.
Discussion ensues regarding the dewatering basin. Griffin explains that it will consist of crushed
stone check dams with filter fabric base and staked hay bales at its perimeter.
Lang asks if there are any questions from the audience. There are none.
There being no further questions from the Commission, Paluzzi moves to close the hearing.
Johnson seconds the motion. The motion carries 6 -0.
New: 17 Bailey Avenue — Louise Pommersheim
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Maxner reads the legal notice.
Lang recuses himself from the meeting and leaves the room.
Bob Griffin is present representing the applicants. He explains the applicant is proposing to
demolish the existing single - family house and build a new one with associated driveway, utilities
and landscaping within the 100 -Foot Buffer Zone to Coastal Bank and the 200 -Foot Riverfront Area
to the Danvers River, noting that all work is outside the 25' NDZ. He notes that the 100 -Year Flood
Plain, A2 is at elevation 10 and all of the work is outside this zone. He explains that there has
been a slight modification to the plan based on conversation with the abutter, which involves
eliminating the foundation drain discharge pipe from within the paper street. He explains the
anticipated impervious cover, which will decrease by about 55 square feet as the footprint of the
house will decrease but a second floor will be added, and the driveway will be increased by about
150 square feet. Roof runoff will be infiltrated with a infiltration trench and stormtech device. He
reviews the proposed planting within the Riverfront explaining they will maintain the existing
maple tree and install a riparian tree with some plantings along the new retaining wall. He notes
that no changes in grade are proposed.
Maxner notes that DEP comments on this project are still pending, if there are any.
Merrill asks what capacity the infiltration unit will have and what at storm event will it surcharge.
Griffin responds approximately 55 cubic feet of capacity for 1.2 inches of runoff Merrill asks if the
entire site is lawn currently. Griffin states that a majority of it is.
Paluzzi asks if there are any questions from the audience.
Steven Lovely, Attorney representing the abutters states that the main concern about this project is
relative to the foundation drain, which seems to have been addressed. He notes that the neighbors
will reserve the right to comment further on the plan.
Members agree that a site visit would be helpful. A site inspection is scheduled for August 4, 2011
at 6:30 p.m.
There being no further comments or questions from the Commission, Johnson moves to continue
the hearing to the August 9, 2011 meeting pending a site inspection as scheduled. Reilly seconds
the motion. The motion carries 5 -0.
Lang returns the meeting.
OLD/NEW BUSINESS
Cont: Correspondence from Camp Mitchman & Neighborhood Group — c/o Joe Boccia
Maxer reminds the Commission that the neighbors have flooding and drainage concerns, noting that
they believe some of the work involved with installing "Catch Basin 1 and 2" and associated piping
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as noted on the plan does fall within the 100 -Foot Buffer Zone to wetlands across the street. They
are asking that the Commission require the developer to file an RDA so a determination could be
made as to whether the work is in the BZ. Some of the Commission members visited the site on
Saturday July 16 at 8:30 a.m. Maxner notes that the project engineer, Robert Griffin, and a few
neighbors accompanied the Commission at the inspection at which time general site conditions in
the vicinity of the project were observed. She notes that current street drainage is directed, in part,
to an outlet located across the street southeast of the subdivision roadway. They observed that the
discharge point was at a topographically depressed area that had identifiable wetland plants, and the
Commission did not determine the exact wetland boundary but it was clear that work within the
roadway for the new catch basins and piping and the final discharge from those new structures
would indeed fall somewhere within the 100 -Foot Buffer Zone to that wetland. Maxner explains
that general drainage issues were discussed and that a comprehensive drainage analysis was
completed and peer reviewed during the Planning Board hearing process. Members discuss these
findings and agree that the work needs to be permitted by the Commission.
Joe Boccia addresses the Commission explaining that he spoke with the previous owner's attorney,
Marc Kornitsky, and he learned that the previous owner took the property back from the Hubbards
as they defaulted on the mortgage. He provides contact information for Attorney Kornitsky to
Maxner. Maxner states that she will make contact with Kornitsky to inform him of this discussion.
Paluzzi moves to require an RDA with appropriate plans to be submitted prior to work starting on
the catch basins and piping and that a summary of the drainage calculations should be included with
the application. Johnson seconds the motion. The motion carries 6 -0.
Cont: 101 West Street, DEP File #5 -989 — Michael Hubbard
Maxner informs the Commission that Micheal Hubbard has requested permission to remove a tree
at the edge of the seawall (i.e. in the 25' NDZ) at 101 West Street. She reports her findings from
her site inspection and provides photos of the subject tree. She notes that it is a deciduous tree,
specie unknown, and that it is complete dead with bittersweet vine climbing is entirety. Discussion
ensues as to replanting if the tree is taken down. Robert Griffin, the project engineer for this site,
states that an extensive landscaping plan has been developed as settlement with the neighbor, noting
that there is several trees slated to be installed and are in the Buffer Zone. Members review the
photos.
Johnson moves approved the request subject to the condition that the stump of the tree shall be cut flush to
the ground surface and not grubbed out, but left in tact and that the final Landscaping Settlement Plan be
forwarded to the Commission for review of the proposed planting schedule within the Buffer Zone as soon as
possible. Reilly seconds the motion. The motion carries 6 -0.
New: 38 South Terrace — DEP File #5 -1049, Request for Minor Modification — Timothy
Lundergan
David Smith of Vine Associates, states they are before the Commission with a request for Minor
Modification to the Order of Conditions concerning Special Condition # 2, which reads: "If any
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work from a barge is proposed the applicant must return to the Conservation Commission for
review and approval of such work prior to implementation in the field." He explains that in
consulting with the contractor, North Shore Marine, work from the landside will prove difficult and
impossible at certain junctures. Therefore they are proposing to float in a small barge
approximately 16' x 40' in size, to ground out during low tide. This barge will carry the equipment,
a rubber tracked excavator to do the work. He notes that the entire barge will be surrounded with a
silt curtain the entire time it is there. He explains that some work will be done from the landside
and any excavated material will be placed into a truck and hauled away.
Maxner asks how much the barge weighs. Kevin Pelletier with North Shore Marine states its about
15,000 to 20,000 pounds but notes that the work area is a very rocky substrate and therefore does
not think there will be any permanent impact will happen to the beach. Discussion ensues regarding
work methods and equipment. Maxner notes that the plan Smith is presenting still shows the
proposed concrete steps and reminds everyone that the Commission denied them and she has
communicated this to Dave Slagle at Chapter 91. Smith concurs and notes that the steps are not a
part of the plan or Chapter 91 License.
There being no further questions, Johnson moves to issue a Modification to modify Special
Condition # 2 to allow work on the seawall to occur from a barge floated in and equipment to be
used on the beach area for better access to wall, with the condition that the entire work area and
barge be enveloped by a silt curtain at all times. Reilly seconds the motion. The motion carries 6 -0.
New: 8 Robin Road — Joan & Martin Sullivan — Enforcement Order Completion
Maxner informs the Commission that he EO has been carried out and reports here findings from her
July 7, 2011 final site inspection to verify compliance with its directives. She notes the area along
the right side of the house adjacent to the wetland has been planted with 1 Highbush Blueberry, 2
Sweet Pepperbush, 2 Arrow -wood or Witch Hazel and 4 ferns all species native to New England;
the area of grading has a gentle slope to the wetland and is very well vegetated and stabilized with
growing grasses and she informed Ms. Sullivan that the hay bales and silt fence could be removed;
the wetland resource is free of foreign soil and is well vegetated; Ms. Sullivan informed her that the
area between the wetland and the bottom of the deck steps has not received regular mowing.
Maxner recommends that the EO be lifted.
Reilly moves to lift the EO indicating that the Commission encourages annual or bi- annual mowing
to allow this area to naturalize. Paluzzi seconds the motion. The motion carries 6 -0.
Pole Swamp Lane/Preston Place, DEP File #5 -971 — Griffin Engineering
Robert Griffin is present on behalf of Richard Angelo owner of 109 Preston Place, which is
currently under construction of a single - family house. He notes that Mr. Angelo is in the process of
installing electrical services, a utility which was permitted under that separate Order of Conditions
for the house lot. National Grid has reviewed the Order for the roadway under DEP # 5 -971 and
this Order does not mention utility work, therefore Grid will not install the electric poles without
permission from the Commission. He explains the locations of the poles, transformer and
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subsurface line and asks if the Commission will approve a Minor Modification for the poles along
the newly constructed roadway. Maxner notes that Grid has decided to upgrade the service thereby
requiring new poles. Griffin concurs noting that the service the two existing structures will be
removed and incorporated into the new lines.
There being no further questions from the Commission, Paluzzi moves to issue a Minor
Modification allowing the installation of the poles. Johnson seconds the motion. The motion
carries 6 -0.
Cont: Possible Amendments to Beverly Wetlands Regulations
Maxner suggests tabling this till the next meeting.
Approval of Minutes
The draft minutes from the April 26 meeting were reviewed. Johson moves to approve the
minutes as written. Squibb seconds the motion. The motion carries 5 -0 -1 with Merrill abstaining.
Order of Conditions
675 A & B & D Hale Street — Ralph B. Vogel, Ernest L. Godshalk III & Paula Cole Living
Trust
Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard
Conditions with the following Special Conditions:
1. The dewatering basin as specified on the approved plan shall be constructed prior to any
work commencing and inspected by the Conservation Administrator at the pre - construction
meeting.
2. The existing culvert shall be reset at the original invert and outlet elevations as shown on the
approved plan.
3. The newly proposed culvert under the driveway leading to 675A & 675 B Hale Street shall
not exceed 6 inches in diameter.
4. The erosion control shall consist of silt fencing and must be properly entrenched below
grade and inspected by the Conservation Agent prior to work commencing at the pre -
construction meeting.
Johnson seconds the motion. The motion carries 6 -0.
Adiournment
There being no further business to come before the Commission this evening, Johnson moves to
adjourn the meeting. Reilly seconds the motion. The motion carries 6 -0.
The meeting adjourns at 9:00 p.m.