2012-05-22Beverly Conservation Commission
May 22, 2012 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
May 22, 2012
David Lang, Chairman, Tony Paluzzi, Vice Chairman,
Christine Bertoni, Robert Buchsbaum, Kate Glidden, Anne
Grant and Bill Squibb
None
Amy Maxner, Environmental Planner
Jane Dooley
Lang calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street, Beverly,
MA.
Request for Determination of Applicability
Cont: 400 Hale Street — install bleachers, stairs & ramp at existing football stadium —
Endicott College
Charles Wear, Meridian Associates, mentions that his associate April Ferraro had given
presentation to Conservation Commission a few weeks ago and site walk with Commission was
conducted at the College. An RDA is being sought relative to installation of bleachers, stairs and
ramp on the westerly side of existing football stadium.
He states that excavation would be required for Sonotubes that bleachers would rest on. He notes
that Sonotubes were approved with original Notice of Intent that was appealed to DEP and they
were never constructed. He also describes resource areas and wetlands where project is proposed
where the area is already disturbed as well as details about existing vegetation and retention
basin.
Discussion ensues about if Commission will be given a cross section drawing of bleachers and
footings that has not been in design phase yet. Dennis Monaco of Endicott mentions that there is
just Sonotubes and no footings. He confirms for Commission members that footings would be
where slope starts to break on site and it would cantilever over that.
He adds that there would be no enclosing structure (i.e., concrete) around the bleachers. The
seats would be the same style as across the way in the stadium. He states that erosion control
(i.e., net) would be used around the area and installed with backhoe auger. Maxner specifies that
a special condition is that she would inspect erosion control before work starts.
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Paluzzi moves to issue a Negative #3 Determination for 400 Hale Street with erosion control to
be inspected prior to work commencing. Seconded by Buchsbaum. The motion carries 7 -0.
Cont: 302 Hale Street — construct parking lot in vicinity of Stonerid2e — Endicott College
Joseph Orzel, Gulf of Maine, representing applicant. He notes that Commission conducted site
walk. In response to members, Orzel states that 40' by 100' impervious parking lot would be
lower than existing grade and blasting would need to be done. Discussion ensues about what
would be done with existing sidewalk and that swale along Montessori Road and uplift in runoff
runs back to creek and road. He also mentions infiltration basin has 100% capture for 100 -year
storm.
In response to Buchsbaum, Orzel addresses artesian wells at neighboring property and that they
were observed during site walk and are further back than was thought when discussed at
previous Commission meeting.
Lang asks if there are any questions from the public.
Abutter Renee Little, 280 Hale Street, describes to Commission her meeting with Dr. Wylie who
said the College would put up a split stockade fence and keep or use trees as a barrier along the
proposed parking lot against noise, lighting and trash pollution. She adds that Wylie had said
lighting at parking lot would be as low as possible depending upon the plan. Also, he promised
that the College would be willing to remove unstable trees that abut property to prevent any
further damage to property or wiring at 280 Hale Street. Little notes that there is erosion that the
abutters question.
Little mentions that the 280 Hale Street owners request a copy of report of recent water testing
done by Charles and Rawlins Company for the College. She adds that as stated previously any
damage to the well and /or septic system would be taken care of by Endicott College. Also, that
Commissioner Lang had suggested water be tested for any blasting material released into water
supply. Resident states that abutters are requesting that the water be tested immediately after
blasting, two weeks and four weeks later for blasting debris and contaminants. In addition, she
notes that the abutters would like in writing from the College statement of faith and goodwill.
Discussion ensues about conversation with Dr. Wylie that lighting at parking lot would be
permitted. Dennis Monaco, facilities director from Endicott College, explains that LED lighting
is being investigated to be directed onto parking lot as much as possible. He notes that Dr. Wylie
will notify him about agreement to install stockade fence.
Renee Mary, 274 Hale Street, questions missing details about the project including the
stormwater flow that would occur when natural terrain is destroyed. She asks about dimensions
of infiltration system and percentage of pollution and treated water. Orzel responds about
stormwater running into two catch basins and removal rate is above 80 %. He notes that plan is
for RDA since this is outside resource area and if this is Conservation Commission jurisdictional
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work. He adds that a detailed plan has been filed with the City regarding catch basins and
infiltration system.
Discussion ensues about infiltration system being designed to recharge water back into
groundwater relative to capturing stormwater from 25, 50 or 100 -year storm events. Orzel
explains that treatment provisions are designed to handle first flush and not send extra runoff
down Hale Street that could cause flooding.
Resident addresses sheet flow, proposed lighting on parking lot, preserving trees as part of
project, trash pollution, and proposed use of guardrails. Orzel explains that guardrails are
proposed due to steep slopes in parking lot. He also responds to inquiry about proposed erosion
control filters. Lang mentions that stormwater on Route 127 and lights are outside of
Commission's jurisdiction and stresses comments and questions be kept within Commission
responsibilities. In response to resident, Monaco explains that street sweeping is done twice a
year.
Maxner states that Commission is considering Negative #4 and #6 if the Commission feels
comfortable with information provided and in -field investigation relative to intermittent sub -
channel Centerville Creek and work described in request is not within area subject to protection
under Wetlands Protect Act including the buffer zone so a NOI is not required and work
described is not subject to review or approval under Beverly protection Ordinance.
Paluzzi moves to issue a Negative #4 Determination and Negative #6 Determination
for 302 Hale Street. Seconded by Bertoni. The motion carries 7 -0.
Squibb moves that Commission send a letter to Dr. Wylie and carbon copy Ms. Little in regard
to Dr. Wylie's conversation with abutter. Seconded by Grant. The motion carries 7 -0.
New: 127 Water Street — addition to accommodate elevator — Jubilee Yacht Club c/o Linda
Mallette
Maxner reads legal notice.
Linda Mallette, Commodore, representing applicant. Mallette explains that a 5 -foot pit would
have to be dug to accommodate elevator shaft to provide handicapped access in front of yacht
club building on street side. Pit would lined as concrete vault, contain sump pump and machine
room would be elevated off the floor by 2 feet.
Maxner mentions that she met with Paul Earl to look at site plan without considering flood
zones. The proposed addition juts out to the buffer zone of the coastal bank. Maxner adds that
survey was done for V2 and A zones for flood plains to document additional work although there
are not performance standards. She also notes that building code controls construction in flood
zone.
Mallette describes how there is paving around building and there is a concrete slab that would be
extended and excavated material would not be stored on site. She explains that work is out to bid
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now and work is expected to start in August. Lang mentions that erosion control will be
necessary since work should take several days. Maxner describes how work area has to be
enveloped so dust from excavation does not get carried into the water.
Discussion ensues about mean high tide water level where Mallette says water never comes up
higher than seawall even with very high tide. She reiterates that asphalt paving surrounds
building and notes that the remaining lot area is covered with stone.
In response to Paluzzi, Mallette says she does not know where the sump pump water would be
pumped. Lang explains that elevator would use hydraulic oils so the sump pump water could not
be pumped directly to the ocean for water quality issues. He says this would be a condition that
oily material cannot be discharged. Discussion ensues about parking lot being one level and that
it does not flood under normal conditions.
Paluzzi moves to issue a Negative #2 Determination with conditions including:
1. Erosion controls (i.e. hay bales) shall be installed to encompass the work to ensure no
exposed soils or incidental fines or debris migrate into the ocean;
2. No construction debris or excavated materials shall be stored on site; said materials shall
be contained immediately;
3. Should flooding in the elevator shaft or pit occur, discharge from sump pump dewatering
shall not be discharged into the ocean, as it likely will carry oils or other hazardous
substances. This condition shall run in perpetuity.
Maxner explains to Mallette that the permit would be issued and she would do a site visit before
work begins to check erosion control and ensure that applicant understands conditions for long
term management at site. Seconded by Squibb. The motion carries 7 -0.
New: 234 East Lothrop Street — install fence — Neil Fluckiger
Maxner reads legal notice.
Neil Fluckiger, applicant, describes how he wants to install fence on property to protect his
young children in yard that is 40' from stream and he is willing to install plantings similar to
what already exists on stream bank.
Maxner states that she visited site today and provides photographs to Commission for review.
She describes 10 -foot swath from bank in yard to brook where there is natural vegetation and
some ornamental planting. Stream bank needs to be stabilized especially where there is not any
vegetation and exposed soil. She did not identify minimum of six species of plantings called out
and required from last determination but suggested pink azalea, mountain azalea or high bush
blueberry.
Maxner says area is disturbed but soil is stable so applicant could plant a shade tolerant ground
cover to bind soil and make it stable interspersed with required shrubs on swath on brook side
area behind fence. The other side of brook is totally vegetated. While the one side of brook is of
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concern since it is sloughing off. Discussion ensues about current in brook being heavy in fall
and spring but less during dry season.
Lang suggests applicant contact an expert to understand what to do to stabilize growth and speak
to City engineer or someone at NRCS to see what is being done with other neighbors in area.
Maxner will provide a list of suggested native vegetation species and NRCS contact information.
Applicant explains that he would pay a professional to install fence with posts underground and
4 -foot high fence a few inches above ground.
Maxner explains that the requirement for previous determination should be met to include at
least six shrubs and they would have to be planted prior to fence installation. Also, that there
would be follow -up on the erosion bank to determine ground cover. Lang suggests applicant
speak with neighbors to see what action they have taken with stream and impact on applicant's
bank.
Buchsbaum moves to issue Negative #3 Determination with the following special conditions:
Prior to fence installation, not less than six (6) native shrubs of various specie type, and several
containers or groupings of native ground cover plants that excel in soil stabilization, shall be
planted throughout the 10 -foot no disturb zone between the stream bank and fence. Species of
shrubs and ground covers shall be chosen from the attached plant list.
1. The applicant shall obtain recommendations from the US Department of Agriculture
Natural Resources Conservation Service as to the best vegetative methods for stabilizing
the eroding sections of the stream bank. The applicant shall forward this information and
a schedule for implementing NRCS recommendations to the Conservation Commission
as soon as it is available.
Seconded by Grant. The motion carries 7 -0.
New: 46 Pickman Road — demolish existing and build portion of new single family house in
buffer zone — Pickman Realty Trust c/o Stephen Holt
Commission tabled this RDA since there was no one present representing applicant.
Recess for Public Hearings
Paluzzi moves to recess public hearings. Seconded by Glidden. The motion carries 7 -0.
Abbreviated Notice of Resource Area Delineation
Cont: 50 Dunham Road (a.k.a. 44 Dunham Road), DEP #5 -1076 — review and affirm
character and delineation of wetland resource areas on site — Cummings Properties, LLC
c/o Stephen Drohosky
Maxner states that an email was received from applicant requesting a continuance to the June 12,
2012 Conservation Commission meeting.
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Paluzzi moves to continue to the Commission's June 12 meeting. Seconded by Squibb. The
motion carries 7 -0.
Notices of Intent and /or Abbreviated Notices of Intent
Cont: 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under
ocean, install travel lift and floating docks — Beverly Port Marina
Maxner states that an email was received from applicant requesting a continuance to the June 12,
2012 Conservation Commission meeting.
Paluzzi moves to continue to the Commission's June 12 meeting. Seconded by Bertoni. The
motion carries 7 -0.
New: 412 Hale Street — pedestrian access improvements, landscaping — Landmark School
c/o David Seiter
Maxner reads legal notice.
Katherine Martin, registered landscape architect, and David Seiter, Landmark School facilities
director representing applicant.
Martin explains that focus of the NOI is for improvements to pedestrian access and overall
improvements at one existing academic building on Landmark School campus on Hale Street
adjacent to an existing intermittent stream. She describes that asphalt comes up to the building
and school wants to update the building that is in disrepair including safe pedestrian access by
moving facade from west to south side.
She explains that there is a 8 -foot grade at pedestrian footbridge and proposal is to use concrete
stairs to work with existing hilly grade that will be 12" to 14" higher than ledge or existing grade
with no excavating or blasting done in area. Also, she states that proposal avoids No Disturb
Area and erosion controls would be used to prevent material from going down into stream or
being carried away in runoff on existing road.
Martin notes that school is interested in siding the building and improving the roof so stone will
be used on side of building to control roof water for infiltration, a landscape strip would be used
as safety buffer between cars and pedestrians. She adds that there would be an overall reduction
in impervious surface. In addition, she describes a small connecting sidewalk to handicapped
parking lot.
Martin also mentions that improvements are for safety and aesthetics and native seed blend
would be used outside of the building and plantings proposed would be ferns and native species
along with rhododendron and witch hazel. She describes how this would occur by working
around ledge and within existing conditions.
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In response to members, Martin explains that proposed concrete steps to be installed would be
blocks with granite tread on top but could use 2 -foot by 2 -foot pavers with aggregate material on
top depending upon cost. She reiterated that they are working around ledge since there is no
budget for excavation or blasting ledge and the intent is to preserve naturalistic quality of area.
Discussion ensued about school year ending in early June with work expected to begin after June
8, 2012 and that expected changes in maintenance of walkway are that handwork versus plowing
would occur.
In response to Maxner, Martin explains that ledge would be exposed and rhododendrons would
be added and native seed blend would be added back. Seiter adds that pine trees previously in the
area were blown over in heavy wind although large white pine would be preserved. Martin
mentions that water can flow through the stairs.
Buchsbaum moves to close hearing. Seconded by Paluzzi. The motion carries 7 -0. Maxner
mentions that pre - construction meeting would be held with contractor. Lang notes that final
vegetation after construction should be provided to Maxner.
New: 11 Brookhead Avenue — repairs to pool, expand patio, new deck and landscaping —
Thomas Renda
Maxner reads legal notice.
Cont: 11 Brookhead Avenue — Enforcement Order Follow Up — Thomas & Samantha
Renda
Cont: 44 Prince Street, DEP File #5 -1046 — Request to Modify Order of Conditions — David
Carnevale
The Commission tabled the three above - listed items since there was no one present representing
applicants.
Cont: 11 Shannon Lane — tree removal request /possible wetland violations — Xigiang Hong
Xiqian Hong is present.
Maxner describes how Mr. Hong contacted her about removing dead trees on his property and
when she did a site inspection she became aware of possible wetland violations. Some of the
Commissioners also did a site inspection.
Maxner explains her communication with Mr. Hong about his desire to do landscaping and
Commission's role to protect wetland and preserve a viable buffer. Mr. Hong says he has not
contacted a landscape architect but his wife is moving some of her plants and that the area should
grow back. Maxner recommends that Commission issue an enforcement order since it would
correct violation by allowing resident to move forward with vetted landscape plan.
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Hong expresses interest in remedying situation. Maxner agrees to work with Mr. Hong to
accomplish the goal through use of a landscape architect or wetlands designer. Discussion ensues
about Hong getting Maxner a landscape plan by Commission's July meeting with site restoration
done by the fall. Maxner explains that this assists the resident by saving permit fee costs and
ensures that restoration gets done in a timely fashion.
Discussion ensues about Hong having his consultant advise about if leaves dumped over
stonewall into wetland should remain, be removed or if a cease and desist be issued about
dumping material into wetland.
Discussion ensues with Hong about his request to remove dead trees on his property where there
are two in the grassy yard with one in wetlands area. Maxner states that trees were flagged and
that the trees in the yard are in the buffer zone. Members and Maxner ask Hong who concurs to
take out the trees in yard without dragging and disturbing the wetland while keeping the one in
the wetland since if it falls it would provide wildlife habitat.
Maxner explains that she would send out a letter regarding enforcement order and Hong would
consult with landscape architect with intent to attend a July or near future Commission meeting.
Hong agrees to notify Maxner of his progress.
Paluzzi moves to issue an enforcement order. Seconded by Squibb. The motion carries 7 -0.
New: 96 & 102 Cherry Hill Drive — request for Minor Modification to Order of Conditions,
DEP File #5 -1054 — 2000 Thomas Flatley Trust c/o Richard Cane
Richard Cane, Flatley Trust representative, describes plan for wetland replication on lot and that
it was going to be turned back to City for receipt by Conservation Commission. Cane asks
Commission for modification of the order where Flatley Trust would only have to post $15,000
financial guarantee if work on 96 & 102 Cherry Hill Drive is started before wetland mitigation is
completed. Maxner explains that language in the special condition would be changed to say the
applicant shall post $15,000 letter of credit only if work on 96 & 102 Cherry Hill Drive begins
before wetland application is completed.
Paluzzi moves to approve request for minor modification to order of conditions DEP File #5-
1054. Seconded by Squibb. The motion carries 7 -0.
Request for Determination of Applicability, continued
New: 46 Pickman Road — demolish existing and build portion of new single family house in
buffer zone — Pickman Realty Trust c/o Stephen Holt
Maxner reads legal notice.
Robert Griffin explains that single - family house would be razed and replaced with an existing
single - family house that is being relocated from another site in same footprint. Lot has frontage
along ocean with concrete seawall and riprap below it. Land slopes upwards to top of coastal
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bank and work would be done 75' from coastal bank. He mentions that applicant plans landscape
improvements to backyard this summer and will be coming before Commission with a separate
NOI filing.
Griffin notes that new house will be basically at same location at one foot higher than existing
house for easier accessibility and retaining wall will be used to flatten out lawn area in front of
building. He adds that there would be minimal grading and that excavator would be used to
remove existing foundation and that new concrete forms would be poured for an existing
building on the site outside of the buffer zone to be moved to sit on it. The only structure that
would be in buffer zone is wood porch to be installed on Sonotubes.
Griffin mentions that existing lawn would remain and there are no plans for drywells for roof
runoff since new house is not much bigger than existing house.
Maxner reads off the list of precautions included with the RDA application.
Griffin notes that work would likely occur this summer. Discussion ensues about right of way
and if there is a public or private driveway and access to Brackenberry beach used by
neighborhood. Griffin mentions that abutters were notified of project and seem to be okay with it
and that there is a drainage easement on the side of the property.
Paluzzi moves to issue a Negative #3 Determination with the following special conditions:
1.) The attached Precautions List for 46 Pickman Road RDA is hereby incorprated as Special
Conditions for the project and must be complied with.
Seconded by Bertoni. The motion carries 7 -0.
Cont: 11 Brookhead Avenue — Enforcement Order Follow Up — Thomas & Samantha
Renda
Griffin and Tom Renda are present. Griffin describes issue of enforcement order for
unauthorized landscape contractor removal of poison ivy and disturbed area and applicant did
not realize he needed Commission approval for the work. He reviews the proposed planting
restoration with the Commission.
Discussion ensues regarding the number of trees proposed and the shade tolerance of some
species chosen. Lang states his preference for additional trees within the restoration area.
Griffin and Renda state they are amendable to more trees.
Paluzzi moves to approve the restoration plan that includes the following conditions:
➢ Two additional Red Maple trees shall be planted within the restoration area;
➢ Alternative species that are more shade tolerant to replace Sweet Fern and Bearberry
shall be reviewed by the Conservation Administrator;
➢ Restoration trees shall have a 100% survival and the rest of the restoration plantings shall
have at least a 75% survival after two growing seasons;
➢ The Restoration Planting Plan shall be executed and completed no later than June 30,
2012.
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Seconded by Squibb. The motion carries 7 -0.
Maxner states that all issues in enforcement order have been addressed.
New: 11 Brookhead Avenue — repairs to pool, expand patio, new deck and landscaping —
Thomas Renda
Griffin introduces the project plan under this NOI, which includes repair existing swimming
pool, refurbish existing pool patio and expand patio to the north west of pool with pervious
pavers, replace existing chain link fence with picket fence, construct wooden deck, expand
existing driveway, landscape improvements and upgrade electrical service. Work to be
performed within 100 -Foot Buffer Zone to Bordering Vegetated Wetland and 200 -Foot
Riverfront Area.
Discussion ensues as to the proposed expanded paver deck within the 25' NDZ. Members
express their concern over this structure and associated retaining wall to be located on the slope
and within the NDZ. Griffin and Renda are amenable to removing this part of the project from
this Zone.
Discussion ensues regarding shrubbery to be planted and choice of species.
There being no father questions or comments from the Commission or anyone form the
audience, Paulzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0.
Cont: 44 Prince Street, DEP File #5 -1046 — Request to Modify Order of Conditions — David
Carnevale
Griffin provides copies of a revised landscaping plan. He notes that revisions have been
incorporated pursuant to the Commission's comments and explains the changes, which include
enhanced planting zones within the coastal bank and buffer zone as well as reduction of the blue
stone patio. Discussion ensues as to proposed species and square footage of the proposed
planting areas.
Maxner asks the Commission if this revised plan meets with the waiver criteria for the NDZ.
Discussion ensues as to the mitigation provided and Lang agrees that criteria has been adequately
addressed through mitigation. Members agree.
Paluzzi moves to approve the minor modification based on the most recent plan. Seconded by
Glidden. The motion carries 7 -0.
New: 677 Hale Street, New: 677 Hale Street, DEP File #5 -1066 — request to Modify the
Order of Conditions — Peter & Joan Johnson
Bertoni recuses herself from this agenda item and leaves the room.
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Pete Johnson is present and addresses the Commission. He notes the Order of Conditions issued
in August of 2011, governs the repair of a subsurface drainage system in rear yard by installing
new pipe and repairing sinkholes within the 100' BZ to an intermittent stream that is fed by a
culvert day lighting from underneath the railroad tracks. He explains they are asking for a minor
modification to the Order to allow for removal of the existing deck located at the rear of the
home to be replaced by a pervious blue stone patio within the same footprint. Work on the patio
will be about 45 feet from the edge of the stream channel at its closest point.
Discussion ensues as to the work involved. Johnson notes that their landscape contractor will be
hauling off any demo materials.
Paluzzi moves to approve the minor modification. Seconded by Glidden. The motion carries 6-
0.
Bertoni returns to the meeting.
Community Preservation Act Committee Presentation
Lang requests that Peter Johnson provide the presentation. Johnson gives a brief overview of the
CPA and what it can accomplish. He notes that he agreed to be the Treasurer of the Committee
and they have been doing a lot of research and outreach. He notes that the City Council will be
asked to place this on the November election ballot.
Discussion ensues as to possible projects that could benefit from CPA. The Commission thanks
Johnson for his time and expresses their thoughts that this is a worthy endeavor
Approval of Minutes
Grant moves to approve the minutes of April 3, 2012 as written. Seconded by Paluzzi. The
motion carries 7 -0.
Paluzzi moves to approve the minutes of April 24, 2012 as amended. Seconded by Buchsbaum.
The motion carries 7 -0.
Order of Conditions
11 Brookhead Avenue — repairs to pool, expand patio, new deck and landscaping — Thomas
Renda
Discussion ensues as to possible conditions. Paluzzi moves to issue Standard Conditions and the
following Special Conditions:
1. As directed by the Conservation Commission and agreed to by the applicant during the
May 22, 2012 hearing, the proposed expanded paver deck area at the southeast corner of
the pool shall be removed entirely from the 25 -Foot No Disturbance Zone.
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2. The Conservation Agent shall be consulted regarding proposed species of shrubs to be
installed in front of house and around the pool area.
3. Pool drawdown shall not occur within 2 weeks of chlorination. Drawdown shall be
directed over land or lawn area to maximize infiltration. Drawdown shall not be
discharged directly to the wetland. This condition shall run in perpetuity and shall
survive the issuance of a Certificate of Compliance.
Seconded by Grant. The motion carries 7 -0.
412 Hale Street — pedestrian access improvements, landscaping — Landmark School c/o
David Seiter
Discussion ensues as to possible conditions. Paluzzi moves to issue Standard Conditions and the
following Special Condition:
Prior to final landscape planting installation, a specific species list for re- vegetation of areas to be
graded and in and amongst ledge outcroppings shall be submitted to the Conservation
Administrator for the file.
Seconded by Grant. The motion carries 7 -0.
Adjournment
There being no further business to come before the Commission this evening Paluzzi moves to
adjourn at 10:20 p.m. Seconded by. The motion carries 7 -0.