2012-09-11CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: September 11, 2012
BOARD MEMBERS PRESENT: Tony Paluzzi Vice Chairman, Christine Bertoni, Stephanie
Root, Bill Squibb and Anne Grant
BOARD MEMBERS ABSENT: Chairman David Lang and Robert Buchsbaum
STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner
OTHERS PRESENT:
RECORDER: Jane Dooley
Paluzzi calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor Council Chambers,
191 Cabot Street, Beverly, MA.
Request for Determination of Applicability
New: 441 Hale Street — poison ivy control, demolish addition, house renovations — c/o Laura
Gibson
Maxner reads legal notice. Laura Gibson, the project landscape architect representing applicant
explains this application is for initial work on the existing house including poison ivy
control/elimination that has grown up around and on the house, demolition of an addition and
installation of scaffolding for other house renovations. She explains the work is to take place within
the outer reaches of the 200 -Foot Riverfront Area to an unnamed stream, and 100 -foot buffer zone
to coastal bank but within areas that are already developed around the house. She notes that
herbicides to control/eliminate poison ivy are proposed.
Gibson notes that owner will be back to the Commission with an ANRAD and then later a Notice of
Intent. She notes that Bill Manuel, wetland consultant and Len McGregor, site contractor, are
present to answer Commission questions. In response to Maxner, Gibson said poison ivy is growing
up the side of the house and is throughout area on one side of house. In response to Paluzzi, Gibson
reiterates that the Request for Determination of Applicability was to remove poison ivy, put up
scaffolding and demolish the addition.
In response to Maxner, Gibson explains that there would be new access where there is a large ledge
outcrop outside of buffer zone and top of coastal bank and riverfront that would require jack
hammering to ledge. Discussion ensues about addition being added 40 years after house was built.
Gibson explains that she would be coming back to Commission with a comprehensive site plan that
addresses repair to cabana, removal of invasive species to be replaced with native plants. She notes
that the house renovation would require a drainage plan that would be outlined in Notice of Intent.
Gibson mentions driveway has to be completely redone and would be included in drainage plan and
that the utilities are currently above ground.
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In response to Paluzzi, contractor explains that the addition would be demolished by machine, put in
containers and hauled offsite. Narrow driveway would be used for access with jack hammering
done to widen access. Gibson notes that there is a retaining wall and area is heavily vegetated with
ledge outcropping that contains site without erosion controls. She also mentions that ledge is in the
basement of the addition. Gibson adds that the ledge would not be removed as part of this process
but that could change based on the site plan.
Maxner states that she has visited the site and doesn't recommend the Commission do a site visit at
this phase of work but instead would for the ANRAD to understand existing conditions.
Maxner recommends the following Special Conditions:
➢ Removal of mature vegetation other than the target specie of poison ivy is prohibited
without prior approval by the Commission.
➢ Construction and demolition debris must be properly contained if not immediately taken off
site.
Squibb moves for the Commission to issue a Negative # 2 and # 3 with special conditions as
discussed. Seconded by Bertoni. Motion carries 5 -0.
New: 89 Boyles Street, East Beverly Substation — Massachusetts Electric Co./National Grid
Maxner reads legal notice.
Mike Toohill, environmental engineer with Coneco, and Josh Holden of National Grid, representing
applicant. Toohill explains the utility is proposing to install 1,000 feet of new conduit and three
manholes in and around the East Beverly Substation on Boyles Street. Work will take place within
200 -foot Riverfront Area to Centerville Creek, 100 -foot buffer zone to BVW and 100 feet to a
certified vernal pool located across the street. The proposal is for a 1 -foot to 2 -foot in diameter, 3-
feet in depth trench for underground conduit.
In response to Paluzzi, applicant describes connections and existing /proposed manhole covers at
substation relative to riparian zone as well as location of vernal pool on site plan. They also note
that the lines would be in PVC not cement but agree to check detail.
Maxner notes the applicant is asking the Commission to verify the wetland delineation as well,
since they checked B. l.b. on the RDA and asks if this was intentional because a wetland delineation
would require a continuance and a group site visit.. Maxner was not made aware that this would be
part of the application when she spoke with the consultant prior to application submission. Toohill
notes that this was not necessarily part of the project and Holden states that that can be withdrawn.
She notes that during her site visit, she reviewed a few wetland flags at site but could not locate all
of them. Toohill states that they used GPS to locate all flags, and some may have come down
between now and then.
Maxner states that plan does not identify the driveway very well so she was unsure during her site
visit today where the new trench would be in the paved driveway or off to the shoulder. Maxner
expresses concern about whether the manholes and trench would impact any of the roots of small
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Spruce trees in area and if project may encroach into some drip lines of trees in the area since it
appears that a couple of mature trees may have to be removed as they are in the direct route of the
conduit. Applicant responds that work would be in paved entrance and gravel shoulder to
accommodate conduit. He states if trees were damaged they would be replaced.
Maxner notes that she observed landscape material that has been dumped, and staging /storage area
where utility pole 3690 -5 is located and the material may be within the 25 -foot No Disturb Zone,
which might need to be addressed and materials moved. Holden states that this material can be
removed to another location on site.
Maxner recommends the following Special Conditions:
1. Landscaping materials and dumped debris in the vicinity of Wetland Flags A -19 and A -20
and between Utility Pole #3690, #4382 and #5649 shall be immediately removed from the
area and relocated to an upland portion of the site outside the 200 -Foot Riverfront Area.
The area shall be returned to original grade. Once the area is cleaned, a site inspection shall
be held no later than October 2, 2012 with the Conservation Administrator to observe
conditions and establish restoration and erosion control plans.
2. Prior to work commencing, erosion controls shall be installed along the edge of pavement
between the work and the wetland.
3. The Conservation Administrator shall inspect erosion controls prior to work commencing.
4. Soil spoils from trench/manhole excavation shall be immediately taken off site or stockpiled
outside any resource areas or buffer zones at a location identified to the Conservation Agent.
5. Immediately after backfilling the excavated areas, the exposed soils shall be seeded with a
native seed mix and covered with straw to protect seed and soil from washing or eroding
during runoff events.
6. Erosion control devices shall remain in place and properly functioning until all exposed soils
have been stabilized with final vegetative cover and the Commission and /or its
Administrator has authorized their removal.
In response to Renee Mary, Holden states there would be no changes in stormwater.
Root moves to issue a Negative #2 and #3 Determination with Special Conditions as discussed.
Seconded by Squibb. Motion carries 5 -0.
New: 127 Water Street — remove and replace underground storage tanks and distribution
lines — Jubilee Yacht Club c/o Linda Mallette, Commodore
Root recuses herself and leaves the meeting room.
Maxner reads legal notice.
Steve Fleming of Vineyard Engineering and Environmental Services, representing applicant
describes the proposal to remove and replace the existing underground storage tanks and associated
distribution lines at the site, which fall within the 100 -foot buffer zone to coastal bank, land subject
to coastal storm flowage. The plan depicts soil staging areas, erosion controls and limits of
excavation areas. Flemming notes that in the RDA he provided a comprehensive narrative as to the
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site and proposed work, including a Contingency Plan should soil conditions are discovered that
require an Immediate Response Action.
Femming notes the tank replacement project of fiberglass tanks and piping to floating docks that is
expected to take three weeks. He explains that double -wall fiberglass tanks will be used. Hay bales
will be installed for erosion control. He notes that November 1 is tentative work start date to
coincide with when most boats are already taken out of water for offseason storage.
Fleming explains that top of existing tank will be taken off and rubble removed and taken off site
same or following day. Tanks will be pumped, removed and excavated under supervision of
Beverly Fire Department and taken from site same day.
He adds that stockpiled soils would be put in storage areas with erosion controls and covered with
polyvinyl sheeting. Fleming notes that when tanks are removed surrounding soil will be tested for
release of oil or any hazardous materials. He adds if there are no issues, the new tank installation
will occur with sheet pile around perimeter of proposed excavation. Fleming said additional
material will be excavated to accommodate new tanks and it is expected that work will take three
weeks from time hay bales are installed until new tanks are set. He adds that sheet piling at
perimeter of tank hole that will be installed for about a week will be removed and piping installed
two feet below grade and a transitional manhole will be removed. Fleming says a concrete pad that
will be two to three feet wider than currently exists will be installed at the surface and ground
surface will remain the same as it is today and the elevation of tank will not change.
Discussion ensues about how the tanks are ballasted with water. In response to members, Fleming
addresses placing the tanks in the existing resource area since it is already disturbed rather than
moving away from resource area, also that no contamination is expected in the area but they are
prepared to contact DEP if necessary and are working with environmental consultants if a spill
occurs where a vacuum truck would be used. He reiterates that they don't expect an issue in area.
Discussion ensues about how dewatering would be handled on site. Fleming explains that any
dewatering will be contained in frac tanks, and the intent of project is general improvement using
6,000 - gallon double wall tank with new safety features since the existing tank is 30 years old and
the warranty is expiring. Discussion ensues about piping and pumping in No Disturb Zone where
fewer disturbances would occur at site if pump station is not moved and that outside area near yacht
club has pavement, gravel and concrete.
Discussion ensues about soil testing samples being screened ahead of time to determine if there is a
reportable condition and to document what material is in area. Fleming explains if issues are
identified then additional excavation would occur. He expects the area below the tank in the
groundwater table to be clean. He adds that the existing impermeable surfaces will be matched with
concrete pad extended a foot longer in either direction.
Maxner recommends a special condition where she would inspect erosion control before work
starts.
Squibb moves for the Commission to issue a Negative # 2 and # 3 with Special Condition as
recommended. Seconded by Grant. Motion carries 4 -0.
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Root returns to the meeting.
Recess for Public Hearings
Squibb moves to recess public hearings. Seconded by Bertoni. Motion carries 5 -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 updates Commission stating the applicant has decided to move forward with the project as
proposed which necessitates the peer review. Maxner reminds the Commission that it voted to
secure Apex Engineering to review the NOI and she will check with Apex as to their ability to
respond for the next meeting.
Squibb moves to continue the hearing to the October 2, 2012 meeting. Seconded by Root. Motion
carries 5 -0.
Abbreviated Notice of Resource Area Delineation
Cont: Endicott College Northeast Campus Area — Endicott College c/o Dennis Monaco
Maxner explains that applicant has agreed to continuance until the Commission's October 2nd
meeting so members who could not review the entire line can catch up.
Bertoni moves to continue the hearing to the October 2, 2012 meeting. Seconded by Squibb. Motion
carries 5 -0.
Old/New Business
Cont: 62 South Terrace — Enforcement Order: Progress Update — Michael Burta
Peter Gilmore representing Mr. Burta provides the Commission with update stating that all but a
single float has been moored in the river and Beverly Harbormaster is aware of and permitted this
action. He adds that Mr. Burta is seeking someone to take the last float or work with Harbormaster
to move it. Gilmore notes that at the Commission's October 2nd meeting the plan is to notify the
Commission that all of the floats are gone.
Maxner explains that the Commission issued a ratified Enforcement Order that required Mr. Burta
to take the following corrective actions:
➢ Continue to cease and desist from any maintenance or construction activities on the dock
system;
➢ Remove, at the very least, the terminal T- section of the floats, all small water craft, canoes
and debris from the area no later than September 11, 2012;
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➢ Attend the September 11, 2012 Conservation Commission meeting and provide a written
report that details your good faith efforts to secure storage facilities for the remaining
sections of the dock system;
➢ At the September 11, 2012 meeting, the Commission will consider and establish an
appropriate deadline for final removal of all remaining components of the dock system.
Maxner reports that during her site inspection at 6:30 p.m. tonight that the floats were floating and
Mr. Burta was getting them out to the mooring. She notes that at the very least this is what the
Commission was looking for and that the Commission has never gotten involved in permitting
moorings. Discussion ensues with Mr. Burta about his email regarding the difficulty of disposing of
floats and vulnerability of moored floats.
Gilmore refers to drawing of float location from Harbormaster and intent to seek information from
DEP about floats. Mr. Burta notes that the expense of a pile- driven float as a solution and describes
his misunderstanding of the permit's applicability regarding floats. He adds that he has made a
sincere effort to dispose of the floats.
Maxner mentions that Commission needs to address timeline for remaining float and gangway. She
suggests that Enforcement Order could be amended to establish a new deadline. Also, Maxner
recommends the Commission deal with what exists and allow Mr. Burta to come back at his own
free will for what he decides to do in the future. Discussion ensues about whether floats can remain
during the winter and needed instruction from Harbormaster. Maxner suggests that the remaining
pieces should be removed by October 2nd and Mr. Burta will report about winter storage including
confirmation from harbormaster that the floats can remain in place.
Squibb moves to amend the Enforcement Order directing the following:
➢ Continue to cease and desist from any maintenance or construction activities on the dock system;
➢ Remove, the remaining float section and gangway from the area no later than October 2, 2012 at
3:00 p.m. to allow the Conservation Administrator sufficient time to verify compliance prior to that
evening's meeting;
➢ Attend the October 2, 2012 Conservation Commission meeting and provide a report as to a solution
for winter storage of all of the floats and system components.
Seconded by Bertoni. Motion carries 5 -0.
Cont: 1 Lake Shore Avenue — Enforcement Order: Progress Update — Robert & Michael
Hubbard
Maxner reminds the Commission it issued a ratified Enforcement Order at its August 21" meeting
directing Mr. Hubbard to take the following corrective actions:
➢ Not less than twelve (12) native shrubs shall be planted within the disturbed area closest
to the wetland between the hay bales and driveway; shrub installation shall be completed
no later than Tuesday September 11, 2012 by 12:00 Noon for the Conservation
Administrator's inspection
➢ Plant survival is a condition of this Enforcement Order; therefore newly planted shrubs
must be watered regularly to ensure their health and vigor.
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➢ The Conservation Administrator will conduct a site inspection on September 11, 2012 so
as to report back to the Commission at it's meeting that evening.
Maxner reports on her site inspection today to verify compliance, and provides the Commission
with photographs of six, five - gallon winterberry and six, five - gallon sweet pepperbush that have
been installed, are being diligently watered and appear in good condition. She met with Robert and
Michael Hubbard at the site and they understand that survival of the shrubs is a requirement. The
Hubbards are maintaining 100 -foot buffer zone stakes onsite, no further work has gone on in that
zone and hay bales remain in place and are functioning.
She notes that she spoke with the Hubbards about site plan where one house lot has buffer zone and
if they plan to do any work they would have to come before Commission with a formal application,
which might involve grading and tree removal.
Maxner mentions that the Hubbards have complied with the latest Enforcement Order and she
recommends the Commission keep it in place for follow up in 2014 since part of EO is plant
survival and the Commission usually requires survival for two growing seasons after installation.
Squibb moves leaving the Enforcement Order in place and requires follow up in fall 2014
Seconded by Root. Motion carries 5 -0.
New: 10 Eleanor Avenue — Enforcement Order — existing dock — Joan Gallagher
Maxner explains that she received information about a possible illegal dock at 10 Eleanor Avenue
and she spoke with Commission Chairman David Lang who opined that the Commission should be
consistent with how these matters are handled reflecting what it has done in the past. She notes that
she issued an Enforcement Order and invited Ms. Gallagher to the Commission's September l Itn
meeting for an opportunity to produce documentation on valid wetland permits for dock. Maxner
adds that in her research of the City's records she could not find any documentation of valid
wetland permits.
Ms. Gallagher states that she has had permits from the Harbormaster since 1991. She explains that
the wetland permit was initially received at a Beverly Harbor Management meeting with Corps of
Engineers and Harbormaster in attendance. Ms. Gallagher notes that she is working with Councilor
Troubetaris to get a written record of that meeting.
She asks the Commission for more time to research the records and adds that when she moved into
the house in 1991 her former husband followed protocol for the float where the Corps of Engineers
oversaw the permitting not the Conservation Commission at that time. Ms. Gallagher states that she
renews her permits for the mooring floats every year that are marked with green markers.
Discussion ensues about derelict floats sitting next to beach in resource area and environmental
impact that the Commission needs to address. Ms. Gallagher explains that she wants to replace the
floats as they are in severe disrepair and currently not useable. Ms. Gallagher's husband responds
that he could not remove the floats due to limited manpower availability before the next
Commission meeting and that he is investigating if the Fire Department would provide a permit to
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burn the floats on the beach. Maxner states that she is not familiar with the use of burning as a
solution for removal of floats.
Bertoni recommends that disassembly of the floats should at least start as soon as possible and the
owners could come back to the Commission's October 2nd meeting with a progress report and then a
final deadline could be set.
Gilmore notes that the process in 1991 for installing structures in resource area waterways has
changed compared to today's procedure that falls under the Commission's jurisdiction and need for
Commission to be consistent in the actions it takes when violations arise. Ms. Gallagher suggests
she could get the floats off the beach by October 23
Bertoni moves to issue an amended Enforcement Order requiring the following:
➢ Immediately begin disassembly and removal of the floats. If float parts are not removed from site,
they must be stored in an upland location so as not to negatively impact any resource areas or their
function, burning of float parts on the beach is prohibited;
➢ Attend the October 2, 2012 Conservation Commission meeting and provide a written report that
details your progress in removal efforts;
➢ All floats shall be removed from the beach no later than 3:00 p.m. on Tuesday October 23, 2012 to
be verified by the Conservation Administrator who shall report to the Commission at that evening's
meeting.
Squibb seconds the motion. Motion carries 5 -0.
New: Cabot Street /Cailin Road, May 90 Lots 12, 13, & 14 — Informal Discussion re: Proposed
Proiect — Curt Young, representative, Cabot Beverly, LLC, owner
Attorney Phillip Lake of Ipswich, owner's representative, initiates informal discussion regarding a
potential 2- megawatt solar panel field project at the site off of Cabot Street (Rt. 97) north of the
former Vitale Site that is in the industrial zone of watershed overlay district as it currently exists. He
notes that the solar panels are above ground, pole- mounted and should not impact surrounding
ground.
Bill Manuel, Wetlands and Land Management, says he has worked on site and describes how the
site's southern exposure is be conducive to solar array farm and he mentions that site was formerly
a gravel pit mining area and that it has other disturbed area that has caused invasive species to
become established in the buffer zone and wetlands. He describes limits of wetland delineation with
25 -foot No Disturb Zone and 100 -foot buffer zone He notes that the site is reverting and
naturalizing along steep slope but there is riprap all along rerouted stream channel on the Vitale
Site.
Scott Patrowicz, project engineer, explains that there is no need to re -grade or terrace the land for
the installation of high efficiency panels. He adds that four poles would be used for installation of
solar panels. He reviews stormwater proposal that consists of vegetated swales and rain gardens,
noting that there is a slight decrease in runoff.
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Curt Young, Wetland Preservation, Inc., explains the functional impact to wetland systems resulting
from the transition of a forested canopy versus a shrub layer canopy. He explains the solar
corridors and resulting trimming of trees. He explains that they inventoried the tree species, height
and DBH in the solar corridor areas that would have to be topped or cut out completely especially in
the 25 -foot No Disturb Zone. Young addresses impact of removing over story canopy on canopy
underneath. He suggests the tree - trimming program could take from three to five years for the most
benefit. Young lists invasive species and proposed removal, some to be done chemically to control,
and that the site could be supplemented with native species.
Discussion ensues about whether there is any other part of the site that would be better for proposed
solar farm to reduce the amount of tree trimming required. Representatives address slope of
property, steep hillside and 60 -foot differential in grade and the high cost of development of site if it
were terraced. In response to Maxner, Patrowicz says the proposed project is fully quality
engineered for 2- megawatt operable size and efficiency of panels. Manuel mentions that they do not
want to work with soils in steep hillside area that is fully forested and this slope provides a good
buffer for neighbors.
In response to Maxner, Manuel explains that certain areas on site have been monitored for vernal
pool function where wood frog egg masses were identified but the areas do not hold water to any
depth as classic hillside wetlands. He notes that Notice of Intent narrative would address local No
Disturb Zone analysis.
Discussion ensues about comparison between solar array system at Beverly High School site and
proposed project that uses newer technology and would not require concrete slabs on the slope to
support the panels. Discussion addresses how proposed project site would be solely owned by
purchaser, and one recipient of the power supplied by solar array would be the City. The
Commission thanks representatives for presentation on project, and the presenters note that they
have plans to submit application for NOI in time for Commission's October 2nd meeting.
New: Review of Minor Proiect Permits Issued by Agent Since Last Meeting
Maxner states she has not issued any Minor Permits since the Commission's last meeting.
New: Expenditure Approvals
Bertoni moves for the Commission to pay special counsel Chip Nylen's invoice of $950.00 for his
services regarding the 44 -46 River Street National Grid appeal/litigation from May through June
2012. Seconded by Root. Motion carries 5 -0.
Squibb moves to reimburse Maxner for 523 miles at .40 cents a mile for a total of $209.20 that she
incurred while conducting the Commission's business from May through August 2012. Seconded
by Grant. Motion carries 5 -0.
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Maxner recommends the Commission purchase nameplates for the members and staff She will
investigate pricing and mentions that her department would create the inserts for the nameplates.
Members agree this would be beneficial and suggests that the nameplates be made at the same time.
Squib moves to authorize Maxner to order nameplates and stands for the members and staff
Seconded by Bertoni. Motion carries 5 -0.
Other... Minor Modifications, Extensions, Emergency Certifications, Enforcement
Maxner describes request for a de minimis project change for 7 Tall Tree Drive for low voltage
landscape lighting proposed to be located along gravel, main entrance driveway. She adds that a
trench would be dug for wiring conduit to small light posts where one part of driveway is on edge of
No Disturb Zone that has maintained lawn. Discussion ensues about whether wiring could be
installed under gravel driveway rather than in NDZ. After reviewing the draft plan, the Commission
members agree with that a formal application for a minor modification and presentation by the
landscape architect would be beneficial to better understand the project and its impacts.
Orders, Correspondence, etc... Received/Issued After Publication of Agenda
Maxner explains that the Commission's decision on the ANRAD for 50 Dunham Road has been
appealed to Superior Court, and she received a copy of the appeal on September 7, 2012. She
explains that she is investigating a choice for special counsel the Commission could secure for
representation in the matter, noting that Chip Nylen has a conflict of interest due to a partner in his
firm that does taxes for Cummings. She adds that Nylen and consultant Mary Rimmer
recommended attorney Jeffrey Roelofs, so she refers to his biography and fee schedule ($250 an
hour), stating that his specialty is environmental and land use law where he has represented
municipalities since 1993. Maxner says she has spoken to Roelofs who seems approachable and she
believes she would feel comfortable working with him and notes that Commission needs to respond
to summons in a timely manner. Grant offers to inquire with her colleagues as to their knowledge
of Roelof s work.
Bertoni moves to secure special counsel Jeffrey Roelofs to represent the Commission in the 50
Dunham Road appeal matter barring any report from Grant that suggests an alternative choice for
counsel. Seconded by Root. Motion carries 5 -0.
Adiournment
Squibb moves to adjourn meeting at 10:20 p.m. Seconded by Root. Motion carries 5 -0.
The next regular meeting of the Conservation Commission is Tuesday, October 2, 2012 at Beverly
City Hall, 3 rd Floor Council Chambers.