2015-01-06These minutes were reviewed by the Conservation Commission at its June 30, 2015 meeting.
The Commission voted 2 -0 -2 to approve these minutes as amended, with Bertoni and Squibb in
favor and Donnelly and Grandoni in abstention as they were not seated when these matters were
heard and for no other reason. Due to turnover in Commission membership, it was not possible
to achieve a full quorum of eligible members to vote on these minutes at the June 30' meeting,
resulting in a 2 -0 -2 vote. Therefore these minutes have been approved by the members who were
seated for the matters in question.
CITY OF BEVERLY
PUBLIC MEETING MINUTES
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
January 6, 2015
Chair Christine Bertoni, Vice Chair Robert Buchsbaum
Paul Knight, Tony Paluzzi, Bill Squibb
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers,
191 Cabot Street, Beverly, MA.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Knight. The motion carries 5 -0.
NOTICES OF INTENT AND /OR ABBREVIATED NOTICES OF INTENT
Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler
Maxner states the Commission received a request for a continuance to the February 3, 2015
meeting.
Paluzzi moves to continue the hearing. Seconded by Knight. The motion carries 5 -0.
Cont: 25 Trask Street, DEP File #5 -1140 — construct new single- family house — John
Athanasopoulos
Squibb recuses himself from the hearing. Bill Manuell, Wetlands and Land Management,
representing the applicant speaks to the survey located wetland flags and noted that the City had
taken ownership of the lot and demolished home. The proposed new house is on same footprint
as old house. The lot has limited building area, slopes from street to wetland and will have
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January 6, 2015 Meeting Minutes
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walkout basement. He notes there is a lot of rubbish in the No Disturb Zone that the property
owner would like to hand pick out of the area.
Manuell explains the lot is cleared so no tree removal is necessary but excavation is needed for
footing with backfill. Any material that cannot be graded into the lot will be taken off site.
Erosion control will be used with respect to 25' No Disturb Zone. The home will be stick built
and materials will be staged on street side of foundation with a dumpster at the site. The area
within siltation barrier will be restored as a maintained lawn to eradicate knotweed, rest of
property will be allowed to restore naturally. There is a fence along the property line and rear
yard grades down to a sensitive fern marsh behind another home where there is a large willow
tree, and further back is a cattail marsh. There is BVW and vegetation in 25' No Disturb Zone
with grasses and sedges. Monument posts will be used for 25' NDZ with appropriate signage.
Discussion ensues about alternative location for house outside of 100' buffer zone where the
home would be have to be a much smaller, unconventional in shape and sized and there is a drain
pipe that runs through that side of the lot. Proposed location for new home is within 10' of
former home's location. Drip trenches will be used for roof runoff. Due to size of proposed
driveway snow storage in wetland was not considered an issue. The existing grade would remain
as is except for possibly front of property. The site is overgrown with knotweed and will
primarily be left in its natural state except for the knotweed mitigation proposed.
Manuell notes that there are not many invasive species in NDZ, some loosestrife that could be
managed by new property owner, and grassy area goes to wetland edge.
There being no further questions from the Commission or the public, Paluzzi moves to close the
hearing. Seconded by Knight. The motion carries 5 -0.
Sqibb returns to the meeting.
New: 453R Hale Street — resource area improvement by eradicating invasive Phragmites
within wetland — Kathleen Haller
Maxner reads legal notice.
Bill Manuell, Wetlands and Land Management, representing the applicant, mentions the Order of
Conditions issued for 441 Hale Street to eradicate Phragmites in the wetlands. Phragmites
extends off the site and permission has been received from abutting property owner to extend
work to encompass entire stand of Phragmites. The same technique the Commission approved on
441 Hale will be used. Phragmites will be cut this winter and burned outside of buffer zone or
stalks will be bagged and taken offsite, ground covered with tarp for two growing seasons and
any remaining stems will be hand dabbed with herbicide or kicked and pulled underwater. The
2,900 square foot area would be seeded with wetland mix, allowed to grow, and naturalized by
2017.
Discussion ensues about performance standards related to wetland and those which are higher for
salt marsh and whether or not there is mean high water in area which is on beach. Manuell notes
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that an ORAD was issued noting that salt marsh was not called out. He notes this is primarily a
fresh water system (fresh water from brook and it is in riverfront area) with tide water intrusion.
Laura Gibson, landscape designer for the project, notes that Phragmites are limited to the west
side of the pond and there is no other property is involved. In late August 2016 an evaluation will
be done of the eradication effort. Maxner suggests similar conditions as issued for 441 Hale
Street.
There being no further questions from the Commission or the public, Squibb moves to close the
hearing. Seconded by Paluzzi. The motion carries 5 -0.
New: 16 Bayview Avenue — construct fixed concrete pier, with associated gangway
floating dock — Tom Doherty
Maxner reads legal notice.
Bob Griffin, Griffin Engineering, representing the applicant describes the one acre parcel where
two parties will share use of proposed dock. He explains the proposal is to start pier at grassy
area with paver landing at this location to prevent issues with erosion (170 square feet of
pervious pavers to allow water to infiltrate) as well as 80' of fencing along portion of lawn for
safety on embankment, 50 -foot long wooden stair case, footings for which will be hand dug and
filled with concrete with conventional pressure treated wood frame connecting to a landing with
8' wide and 71' long concrete pier supported by four concrete columns. Griffin reviews the
wetland resources on site and related performance standards. He notes the terrain at location
from end of concrete pier uphill is roughly vegetated below that there is rocky terrain so to
secure the concrete columns to the rock 3" diameter holes will be drilled 10' to 15' deep and
rebar will installed /grouted into the holes and to support concrete deck. There will be a 3' wide
by 30' long aluminum ramp that will rest on floating dock and be pinned on high end to concrete
pier to move with tide changes. To ensure the floating dock does not rest on the sandy terrain
float stops will be installed to laterally prevent the float from moving, stub piles will be used on
far side. The pier is intended for residential use without boats moored. A Chapter 91 License is
required.
Griffin mentions that a boat could not get to the dock at low tide so this would not be an issue for
eel grass. Bertoni notes that 8' seems wide for stationary pier designed for private use. Griffin
responds that it could not be less than 6' or it would be difficult to use. He notes that the
gangway would likely be taken to a boat yard for storage at the end of the season. A davit crane
would be used to move the ramp and float and take them offsite for winter storage. The small
diameter of the four piles would be spaced apart in such a way to not erode or change shape of
sandy bottom. Discussion ensues about how the proposed project would handle storm conditions
in an exposed area with design (reinforced concrete columns and deck, galvanized steel beams)
intended to prevent future condition of derelict wooden piers along the shore.
Griffin explains the construction process that will involve a barge set on rocky terrain with drill
rig, and concrete delivered on street side. He notes the embankment is too steep to use a drill rig
from the land. Reinforced concrete will be poured above mean high water line. He explains that
during installation of footer rock outcrops would be chiseled out to ensure a good seal of
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January 6, 2015 Meeting Minutes
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concrete to rock surface. Rock anchors of rebar will be placed every 4' on columns. The float
will rest at low tide at two feet above sand. Griffin explains that the habitat close to the float is
not conducive to eel grass growth since it is dry at various times during the day. Discussion
ensues on how the location of eel grass meadow (100' feet away) should be on the plan to
confirm what state has said and this could be done in the spring. Griffin goes on to explain that
no blasting is involved but will utilize track mounted drilling from 8' wide machine. Sonotubes
located on coastal bank will be installed by hand 3' to 4' deep. Wooden posts of pressure treated
wood will be installed and soils removed will be spread out and site will be re- vegetated. If rock
is encountered during construction of wooden stairway the concrete would be pinned to the rock
with a hand drill as part of pouring concrete. He notes that conventional wooden staircase would
have risers and treads of Trex decking material.
Bertoni opens the meeting to questions from the audience. Maxner reads letter dated January 6,
2015 received from Irene Foley, 10 Bayview Avenue. Maxner reads letter received from Division
of Marine Fisheries dated January 6, 201, including its recommendations for minimizing the size
of the proposed float and width of proposed pier. The letter also encourages the Commission to
consider the eel grass mapped further offshore, and potential for boats approaching and leaving
the dock may scour eel grass.
Rick Grandoni, 58 Neptune Street, speaks to narrative that the dock would only be used for
plastic kayaks and row boats and asks if motorized craft would come in and out of dock over eel
beds. Griffin reiterates that the floating dock would not be a good location to moor a boat but
plastic kayaks or row boats could be stored on the dock since they are light and easy to
maneuver. He concurs that motorized boats would reach the dock when there is sufficient water
to travel, and reiterates that eel grass bed is traversed by motor craft now. He suggests that boats
would only be approaching dock when there is sufficient water so there would be minimum
impact to eel grass.
In response to Dan Harvey, 29 Pickman Road, Griffin clarified elevations of resource areas and
proposed structures. Nino Lombardi, 3 Lawnbank Road, inquires if the size of the piles are
substantial enough, and expresses concerns about drilling, and if the structure is going to be
hurricane proof. Griffin explains that such a structure has been designed by his company before
and reiterates how prior to pier being constructed holes in rock will be drilled to determine the
characteristics of rock and surrounding soils. This will be used to finalize the design and define
number of anchors required for pier. He notes that drilling 10' to 15' will pass fault lines in rock
but depth and steel rod grouted in place will impact weak areas in rock.
Resident of 24 Neptune Street, asks for clarification on the process for permitting. Maxner
explains that during open public hearing process public has chance to submit any information or
rebuttal. She notes the Commission will continue the hearing to the February 3, 2015 meeting
and conduct site visit in the interim. The initial abutter notifications sent will be the only direct
notifications and the public will need to monitor the hearings on their own from here.
Andy Deroe, 11 Lawnbank Road, notes in the 20 years that he has lived in the area he has
observed 20' to 30' rolling breaker waves coming into the area during storms that would damage
proposed fixed structure in three to four years and notes movement of large granite boulders in
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January 6, 2015 Meeting Minutes
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area from storms. Don Stacey, 205 Hale Street, describes historical storms that moved rocks in
area.
Ann Devereux, 11 Lawnbank Road, notes that sand has moved away in this area and boulders
that shored up seawall have moved and asks if the pier will alter the tidal now and sand
formations. Griffin opines that the small diameter and spacing piles should not significantly
affect any flow of water or sand.
Griffin clarifies for Glen Johnstone, 25 Crestline Circle, that columns for the pier are proposed
with 4' by 4' footings. Wade Hatfield, 23 Neptune Street, mentions remnants of piers along
Beverly coast. Discussion addresses how there are piers along Beverly coastline such as that at
the end of Prince Street where there is a floating dock with ramp connected to rocks.
Resident of 4 Lawnbank Road, questions if the structure gets broken up by a hurricane what
would be the timing to repair and remove debris be. Griffin notes that he was hired to design pier
and suggests that Mr. Dougherty would clean up any debris. Maxner suggests that a long term
condition could require clean -up of any damaged sections of structure.
Janeen Barnett, 32 Brackenberry Lane, states that she and her husband oppose the project and
says her perspective is that this is not the only alternative, it would impede recreational use,
impact beauty of cove and landscape, and notes precedent it could set if approved.
Ward 4 City Councilor Scott Houseman inquires about mitigation if the structure were damaged,
suggested alternative structure could be evaluated to provide water access, and noted public
opposition to proposal. Houseman also suggests that some sort of security be bonded or
escrowed to ensure there are funds for any cleanup of damaged parts of the structures. Dan
Martingetti, 12 Lawnbank Road, notes the location of the Ancient Highway on deeds for certain
properties in cove around property of applicant and questions how access would be provided.
Griffin was uncertain if Ancient Highway exists on property but if it does this would not impede
use.
Griffin explains the Chapter 91 process in response to a question from resident of 4 Lawnbank
Road. He responds to attendee that different locations and designs of piers have been discussed
with Mr. Doherty and location chosen is accessible for construction and reasonably close to
existing lawn and gap in fence that would be convenient for the two families to use.
Anna Green, 4 Lawnbank Road, refers to easement agreement for multiple residents to access
stairway to beach and questions if they would have access to dock. Griffin offers to follow up on
this and notes that 16 and 16B Bayview are owned by Mr. Doherty. Rick Marciano, 2 McKay
Street, describes how Ancient Highway documentation from 1915 is missing in City's records.
Griffin responds questions as to requiring the floating dock to be taken out during massive
storms all year long and during the winter months, and if the property owner would be required
to follow an operating and maintenance plan. Maxner notes these types of requirements can be
long term conditions in the Order of Conditions. Resident of 32 Brackenbury Lane, asks about
where boats could be moored nearby dock. Griffin responds that a permit would be obtained
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from the Beverly Harbormaster. In response to Carolyn Kramer, 18 Essex Street, the
Harbormaster is notified when a coastal structure is being proposed. Discussion ensues with
Griffin explaining how the barge would be used to aid in construction and located at the site for
about one week. It also would be located there two times a year for installation and removal of
ramp and floating dock.
The Commission schedules a site walk on January 24, 2015 at 8:00 a.m. at low tide. There being
no further questions from the Commission or the public at this time, Paluzzi moves to continue
the hearing until the February 3, 2015 meeting. Seconded by Buchsbaum. The motion carries 5-
0.
New: 131 McKay Street — redevelop & convert existing school building and site to 32 -unit
residential development — Windover McKay, LLC c/o Kristen Poulin
Maxner reads legal notice.
Charlie Wear, Meridian Associates, representing the applicant, explains the proposed 32 -unit
residential development that includes demolition of a portion of the existing school building,
construction of an addition, parking and site circulation reconfiguration, utilities, stormwater
facilities, walkways and other site amenities. The wetland line was delineated by Greg
Hochmuth from Williams & Sparages, and the flagging reviewed in the field by Bill Manuell of
Wetlands & Land Management to verify accuracy. Maxner walked the wetland line with Charlie
Wear in late November and she notes she thought it was reasonable. Parking will be located in
front and to one side of the building. A volley ball court, and gardens are proposed. Some of the
work is proposed in the buffer zone with some impervious surface to be removed. There will a
public gravel walkway to the site.
Bertoni asks for a review of the stormwater proposal. Wear explains a full stormwater report has
been provided, which the City Engineer will be reviewing for Planning Board and should have
review comments in time for the Commission's February 3 meeting. He explains the project
includes a rain garden and sub - surface infiltration basin (with stormceptor) for roof drainage and
parking flow from catch basins (where sediment will be pumped, and maintenance plan is
required). Wear explains that all treated stormwater will be captured and volumes reduced before
being directed away from Balch and McKay Streets to Cummings property and Shoe Pond, and
there will be no illicit discharges from property. Grading will occur after existing pavement is
removed, and there will be a slight increase in impervious surface. A significant amount of
landscaping is proposed in part to provide screening for the neighborhood. In regard to 25' No
Disturb Zone alternatives were analyzed but would impact proposed parking area configuration
and the applicant is seeking a waiver from the 25' NDZ.
Bertoni asks if there are any questions from the audience. Discussion ensues with Robert Iafrate,
95 Balch Street, about lighted parking lot from dusk to dawn, and chain link fence on Balch
Street coming down and replaced with screening vegetation. Maxner explains the Balch Street
part of property falls under Planning Board's jurisdiction rather than the Commission. She notes
the project requires a Special Permit from the City Council because it involves reuse of a City -
owned building for residential use that would not ordinarily be allowed in this district. A public
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hearing will be held by City Council on January 20 and Planning Board will hold a public
hearing to review site plan. The Commission schedules a site walk on January 24, 2015 at 7:00
a. m.
There being no further questions from the Commission or the public at his time, Paluzzi moves
to continue the hearing. Seconded by Knight. The motion carries 5 -0.
OLD/NEW BUSINESS
Cont: Standley Street Conservation Land Waring School Field Encroachment — Update
from Staff on Possible Resolution
Maxner reports the Commission received a request for a continuation to February 3, 2015
meeting. Knight moves to continue this item as requested. Seconded by Squibb. The motion
carries 5 -0.
Cont: Community Preservation Committee — Request for Input on Beverly's Community
Preservation Priorities
Buchsbaum explains that the CPC will be holding a public informational hearing on January 22,
2015 at 7:30 p.m. in City Council chambers to gather public input and encourages Commission
members to attend if they can. Maxner notes that at 6:00 p.m. that same evening MACoastal
Zone Management will hold a public meeting on draft decision on designated port decision.
New: Minor Project Permits Issued by Administrator
Maxner states she has not issued any Minor Project permits since the last meeting.
New: Expenditure Approvals
Paluzzi moves to approve payment of mileage reimbursement for 614 miles that Maxner
accumulated on various site visits and other Con Com business for the 7 -month period of June
through December 2014 614 x .40 /cents /per mile = $245.60. Seconded by Buchsbaum. The
motion carries 5 -0.
Bertoni notes that the annual Conservation Adminstrator stipend is up for renewal. The
Commission discusses the current stipend amount and when it was last increased. Bertoni notes
she would like the Commission to consider increasing it by $500. Discussion ensues. Paluzzi
moves to approve the annual Conservation Administrator stipend and increase it by $500 to
$6,000.00. Seconded by Buchsbaum. The motion carries 5 -0.
Paluzzi moves to approve payment of Jeff Roelofs invoice for $575.00. Seconded by Squibb.
The motion carries 5 -0.
Orders of Conditions
25 Trask Street, DEP File #5 -1140 — construct new single- family house — John
Athanasopoulos
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January 6, 2015 Meeting Minutes
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Discussion ensues as to possible conditions to apply to the project based on the hearing
discussion and Commission observations on site. Paluzzi moves to issue Standard Conditions
and the following Special Conditions as discussed:
1. The proposed trash removal from the resource area and buffer zone shall be completed no
later than May 31, 2015.
2. The limit of the 25 -Foot No Disturb Zone shall be demarcated with monuments made of
a weather resistant material, and shall be installed such that they are not less than 3 feet
above grade to ensure visibility in the field. Each No Disturbance Zone marker shall
bear, on their upland side, by way of permanent weather resistant plaque or engraving,
the following language: "No Disturbance Of Any Kind Beyond This Point By Order of
the Beverly Conservation Commission ". Not less than 3 markers shall be installed as
depicted on the approved plan. Said monuments shall be installed no later than May 31,
2015.
3. Upon completion of Special Condition # 1 and # 2 above, the applicant shall notify the
Conservation Commission Agent to schedule a site inspection to verify compliance with
these conditions.
4. The No Disturb Zone Monuments shall be kept in good repair. This condition shall
survive in perpetuity beyond the issuance of a Certificate of Compliance.
5. In addition to the 25 -Foot No Disturb Zone, mowing beyond the limits of the proposed
lawn as depicted on the approved plan is prohibited. This condition shall survive in
perpetuity beyond the issuance of a Certificate of Compliance.
Seconded by Knight. The motion carries 4 -0 -1 with Squibb recusing.
453R Hale Street — resource area improvement by eradicating invasive Phragmites within
wetland — Kathleen Haller
Discussion ensues as to possible conditions to apply to the project. Buchsbaum moves to issue
Standard Conditions and the following Special Conditions as discussed:
1. Annual monitoring reports shall be submitted to the Commission detailing invasive
species management efforts and progress in reaching the project's goals. Reports shall
cover no less than 5 years from the start of project activities. Based on said reports, the
Commission reserves the right to require additional monitoring and /or modifications to
the management plan.
2. If the cut Phragmites stalks and flower heads are to be burned on site burning shall take
place outside jurisdictional resource and buffer zone areas.
Seconded by Paluzzi. The motion carries 5 -0.
Approval of Minutes — August 2, 2014 & August 12, 2014
Members provide amendments to Maxner for August 2, 2014 meeting minutes. Knight moves to
accept the minutes of August 2, 2014 as amended. Seconded by Paluzzi. The motion carries 5 -0.
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Members provide amendments to Maxner for August 12, 2014. Knight moves to accept August
12, 2014 meeting minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0.
Adjournment
Paluzzi moves to adjourn at 10:20 p.m. Seconded by Knight. The motion carries 5 -0. The Next
Regular Meeting of the Conservation Commission is Tuesday, February 3, 2015 at Beverly City
Hall, 3 d Floor Council Chambers, 191 Cabot Street.