2015-07-22CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: July 22, 2015
BOARD MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay
Donnelly, Richard Grandoni, Bill Squibb and Tony Paluzzi
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
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.
CERTIFICATES OF COMPLIANCE
New: 19 Congress Street, DEP File #5 -644
Maxner reports that the applicants cannot attend this or the August l V meeting but she offers to
provide a rundown on the project. She states the Commission received request for Certificate of
Compliance to close out an Order, issued in October of 1998, governing the construction of a single
family house within 100 -foot buffer zone to coastal bank and 200 -foot riverfront area. She notes
that the surveyor's certification letter calls out deviations from the approved plan, noting that the
decks were constructed and the pavement to the side of the home was not removed. Maxner
conducted a site inspection and noted that as -built plan house footprint is compliant with original
plan, there is a cantilever on third floor. She notes that when the Order was issued the property did
not have a specific street number and therefore was not detected during title exam making the
owners completely unaware of the outstanding Order. Discussion ensues as to whether existing
conditions present a negative impact risk to the resource areas. Donnelly inquires as to the
condition of the coastal bank and bank of river. Maxner notes that there is a swath of thick
vegetation (which filters runoff) between pavement and coastal bank and beach, noting that this is a
tidal river with mean high tide as opposed to a physical bank. She notes that there isn't any sign of
erosion beyond the pavement, with just a small path leading to the beach from the end of the street.
After due discussion, Donnelly moves to issue Certificate of Compliance. Seconded by Buchsbaum.
The motion carries 5 -0.
UEST FOR DETERMINATION OF APPLICABILITY
Cont: 39 South Terrace — Charles Ram
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Maxner reminds the Commission of its vote to continue this item to the August 11, 2015 meeting
with no discussion this evening.
NOTICES OF INTENT
Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0.
Cont: 5 Quincy Park, DEP File #5 -1117 — Jack Altshuler
Maxner states the Commission received a request for continuance to the August 11, 2015 meeting.
Squibb moves to request the applicant supply definitive updates and status of project application at
the next meeting and if there are no plans to move forward the Commission ask applicant to
withdraw application or recommend the Commission deny application.
This was tabled until Paluzzi arrives for a voting quorum of members who attended meetings on
matter.
Cont: 16 Bayview Avenue, DEP #5 -1141 — Tom Doherty
Maxner states the Commission received a request for continuance to the August 11, 2015 meeting.
Squibb moves to continue. Seconded by Donnelly. The motion carries 5 -0.
Cont: 131 Brimbal Avenue, DEP File #5 -1148 — Sunoco, Inc. c/o Anthony Williams
Stephen Harrison of Bergman Associates addresses the Commission and provides a review of the
project permit history with the Commission for the proposed reconfiguration of the Sunoco gas
station site on Brimbal Avenue. He goes through the plan iterations with the most current plan and
how the building has been further shifted from the wetland at 37.6' from the resource, the storage
shed has been completely removed from the 110' No Disturb Zone and additional parking spot has
been eliminated to remove work from the 25' NDZ. Maxner confirms with Harrison that all of the
stormwater features as requested by the Commission and the City Engineer have been retained on
this latest plan — Harrison states they have.
Paluzzi arrives.
Bill Manuell of Wetlands & Land Management, representing the applicant addresses the
Commission and explains his involvement with this project and his knowledge of the wetland from
his work on other projects on Otis Road and neighboring properties. He describes wetland system
that traverses the property and notes Mary Rimmer's findings of egg masses for spotted salamander
thus qualifying it as a vernal pool under the City's Ordinance only.
He provides a review of the conditions of the site through the years which is now reverting to
field /very young forest habitat containing vegetation such as common buckthorn, multiflora rose,
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staghorn sumac, willow and golden rod, all of which is not optimum spotted salamander habitat. He
goes on to provide a detailed review of the proposed vernal pool mitigation and enhancement to
offset increase of 1,874 square feet of impervious surface in No Disturb Zone. Elements of the
enhancement plan includes: pick up and remove trash, treat Japanese knotweed with herbicide,
eradicate multiflora rose, selectively remove sumac and buckthorn and install nursery stock oak and
maple trees. A wetland scientist would be on site when work occurs to direct all aspects of this
effort. He notes the plant schedule includes number and size of species for 14,000 square feet of
habitat improvement, an 8:1 ratio of enhancement to incursion. Trees removed will be salvaged and
spread around the enhancement zone. Plants to be installed in fall will be monitored for two years of
survivorship, and weed removal may be needed a foot around new plants to ensure survival.
Construction at site could be done now since it is independent from habitat enhancement.
Discussion ensues as to how a higher fence could be installed at the back of the property to
discourage trash disposal, and signage installed noting this is a protected environmental area. There
was also mention about the applicant approaching the neighbors about cooperating to prevent trash
disposal. Maxner reminds applicant representatives that yearly reporting on long -term O &M for
stormwater structures will be required.
Bertoni thanks the representatives for their diligence in assembling a much improved plan and for
their cooperation in meeting the Commission's waiver criteria and mitigation concerns.
Bertoni asks if there are any questions from the public. Rick Marciano of McKay Street notes that
Otis Road may be widened as part of Phase 11 128 Brimbal Ave interchange project and asks if this
will impact the mitigation. Manuell states it should not have any impact as it is on the other side of
the wetland.
There being no further questions or comments from the Commission or the public, Buchsbaum
moves to close the hearing. Seconded by Squibb. The motion carries 6 -0.
New: 400 Hale Street — Endicott College c/o Dennis Monaco
Maxner reads legal notice.
Joe Orzel and Curt Young of Wetlands Preservation, Inc., Charles Wear of Meridian Associates and
Dennis Monaco of Endicott College are present representing the applicant. Orzel address the
Commission and describes the proposed 830 -foot porous access roadway into the northeast area of
the College campus. He notes the Commission reviewed these wetland systems under an Order of
Resource Delineation June /July of 2013 (ORAD decision was attached to NOI) and goes through
the character of each system as laid out in the Commission's ORAD findings. Orzel explains that a
portion of the roadway is cited within the 25' NDZ to an IVW Wetland A, some grading is within
the 100 -foot NDZ to a vernal pool contained within Wetland B. Porous pavement will be used to
allow passage of amphibians and animals into wetland areas. Utilities will be located on
slopes /shoulders. Impact of construction will cause 879 square feet of disturbance in 25' No Disturb
Zone and 1,835 square feet in the 100' No Disturb Zone. He explains that mitigation proposed
includes replanting any trees or large shrubs that have to be removed in close proximity to removal
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location, removal of invasive species in buffer zone, planting shrubs in the vernal pool area to
improve habitat for wood frogs, and trash clean -up program in spring and fall.
Charlie Wear, Meridian Associates, speaks to 830 -foot driveway for internal campus use to provide
access to a possible new physical plant building. He describes how the porous driveway is the
stormwater BMP as site constraints limit construction of conventional detention basins and other
stormwater infrastructure.
Grandoni inquires as to the difference between a road and a driveway, with his observation that
some City streets are the same dimension as the proposed drive. Wear explains that typically public
right of ways are 24 feet wide, where this proposed drive is 22 feet and the usage is strictly for
internal College campus use.
In response to Donnelly's questions as to future development in this area, Dennis Monaco notes that
if any other construction would occur it would be outside of the buffer zone if at all possible, and
probably consist of high density resident hall, athletic or academic building based on what land
would support. He explains that presently the site is used for office space, storage space for
materials (plumbing, electrical), mechanics bays, salt /sand storage, maintenance vehicles and heavy
equipment. He explains that the center of College campus is not an ideal location for maintenance
facility due to student safety and aesthetics. Donnelly states the Commission needs to understand
the overall project objectives and future development plans to fully assess the impact to the resource
areas. Monaco explains that this is the only part of the campus that is left for development.
Discussion ensues as to the remaining acreage on campus that is potentially developable — the
project team agrees to provide the Commission with that calculation.
Bertoni inquires as to the ability to control stormwater with a 10% grade change on proposed
roadway and durability over time where re- paving with this material would likely be required. Wear
explains the roadway elevation is driven by ledge outcropping and is designed to be at an elevation
over ledge using gravel and Title 5 standards for subbase material. He notes that some ledge
outcroppings may require being scraped out by a machine or blasted. The design team will provide
the Commission with volume of cut and fill material calculation. Wear explains the design of the
driveway surface would guide stormwater to capture and infiltrate within it, and a small percentage
running off to the shoulder. Maxner inquers as to the equipment needed for long term maintenance
of the road as an actual stormwater BMP. Wear explains the College could purchase or lease a
vacuum truck that would get rid of dust and debris as part of operation and maintenance.
Maxner inquires as to the extent of clearing needed to install the associated sewer and water utilities
which would be located on the side of the road. Wear explains that conduit would be installed in 6'
deep excavation, noting that ledge to be removed is more significantly impacted by the road. A 5'
grassy shoulder on each side would contain the roadway. Bertoni notes that the road cross section is
"typical" but assumes there are wider sections and asks for details on that. Wear notes the total
width of disturbance varies from 40' to 60' depending on location of roadway as outlined on plan in
limit of work. Maxner notes that the trees to be removed or within proximity to the excavation
including drip edges will need to be considered and identified.
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Dicussion ensues in response to Donnelly's comment that there are many trails that traverse that
area of campus and are used by many people. Monaco does not anticipate that the road will inhibit
this usage.
Discussion ensues on the waiver request and possible alternatives presented to the Commission as
described in the NOI narrative, which Bertoni notes is not thorough or robust in her opinion.
Commission members encourage the applicant to fully explore other alternatives for access as well
as placement of the physical plant, with the purpose for roadway be explicitly defined in writing.
The project team agrees to provide the Commission with amount of area that could be developed
outside of the buffer zone. Donnelly states his suspicion that the use for the road is known since a
specific design is presented, it would be silly for the College to design a road without knowing what
full build -out it will service.
Bertoni asks if there are any further questions at the moment from the Commission. She asks if
there are any questions or comments from the public. She asks that audience members state there
name and address for the record.
Renee Mary, 274 Hale Street, expresses concern about watershed, and is worried that water would
shed toward her stream. Resident of 53 Hale Street, inquires if thought was given to locating facility
off campus, with Monaco explaining liability of the College's trucks traveling on public roads,
vehicles are used for landscaping and maintenance, materials such as salt is stored at facility as well
as storage of resident hall furniture. Steve Pletcher of 18 Thissell Street inquires as to fuel storage
on the campus, Monaco explains there is that 275 gallon diesel tank at the facility and all gas
powered vehicles are fueled at local service stations. Jonathan Loring, 502 Hale Street, mentions
that proposed road is in a large sensitive area and is concerned about the eventual usage of the road
and the scope of development it will service. Royce Hoyle, 454 Hale Street, states this is a road to
nowhere and the unknown potential impact and it should be denied until plans are in place. Rick
Marciano, McKay Street, inquires about road's future impact on wetlands after it is built. Bertoni
responds that the Commission could ask for a mitigation plan and /or compensation and road is
aligned mostly outside of buffer zone. Maxner notes that long term, the stormwater report,
calculations, long term operation and maintenance, is in place to ensure there are no long term
effects and mitigate runoff to wetland. She notes if the project is approved it will have conditions
and if impact is identified a few years later once road is built the Commission can issue an
enforcement order to rectify the impact. Resident of 16 Thissell Street, states that with this past
winter in mind she asks about use of salt and deicing chemicals and storage associated with future
snow removal. Dennis Monaco reports that salt and sand is used with deicing chemicals used
around residential halls by the College. Bertoni explains the Commission would condition
operations on the road with alternative treatment methods that are less harmful than rock salt. Steve
Pletcher, 18 Thissell Street, speaks to open space on the College's property and interest in learning
more about proposed maintenance facility by the College. Discussion addresses that it could take
six months to build the proposed road relative to increased traffic in area.
Maxner reads emails and correspondence received from Allan Vaughan of 44 Thissell Street, Joanie
Ingraham of Thissell Street, Royce Hoyle on behalf of Ellen Gardner Hoyle of 454 Hale Street,
Cecily Vaughan of Thissell Street, and comment letter from Beverly Open Space and Recreation
Committee.
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Discussion ensues about the College being limited in its expansion spaces and analysis for
development of areas where there would be the least impact to environment. Maxner explains that
the College is responsible to carry the burden of proof that no other alternatives exist for not only
the road but also citing of the new physical plant building, noting that in the event it does,
commensurate mitigation must be offered or can be required. She notes that it may be time for the
College to start looking at long -term land protection as compensation for its extensive land
development. Buchsbaum notes that the Commission does not have to approve the waiver if there
is no hardship involved, and that the applicant has the right to reasonable economic use of their
property but not complete and utter exploitation of every square foot of the property.
Maxner notes the City Engineer will begin work on peer review shortly. The Commission scheduled
a site walk for August 8, 2015 at 8:00 a.m. Discussion ensues about public access to site walk
beginning at the College campus safety building at main entrance.
There being no further questions or comments from the Commission or the public at this time,
Paluzzi moves to continue the hearing until August 11, 2015 meeting pending a site visit scheduled
for Saturday August 8, 2015 at 8:00 a.m., and the City Engineer's review of the application and
stormwater proposal. Seconded by Squibb. The motion carries 6 -0.
The Commission took a short recess at 9:40 p.m. and reconvened at 9:45 p.m.
New: 17 Victor Avenue —Anthony Paluzzi
Maxner reads legal notice. Buchsbaum moves to continue the hearing until August 11, 2011 as
requested by the applicant. Seconded by Squibb. The motion carries 5 -0 -1 with Paluzzi abstaining.
OLD/NEW BUSINESS
New: 10 Tall Tree Drive — Tree Removal Request — Kate Martens
Kate Martens is present. Maxner explains that arborist Jack Ingram of Bartlett Tree has been
working with Kate Martens and he proposes pruning large oak at left front corner of property taking
limb off that is touching the roof and taking material off site. The arborist analyzed trees in No Cut
Zone from a safety hazard perspective and is recommending cutting of three maple trees located at
the left side of house located beyond the retaining wall and leaving the cuttings as organic debris for
wildlife. D
Maxner notes her observation so soil stockpiled in the yard and soil spread over the existing lawn.
Martens explains that she had a terrible grub problem that virtually stripped her grass to bare soil.
She treated the grub problem but wanted to spread just a couple inches of new soil to propagate new
grass. Ms. Marten explains her problem with hikers' dogs coming into her yard which prompted her
to install the silt fence and net fencing at perimeter next to the trail to Fox Hill. Discussion ensues as
to possible signage installation about dogs and the City's leash law.
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Maxner reminds the Commission that these trees are within a no cut zone. The Commission
members discuss the hazard evaluation prepared by the arborist and agree that a waiver from the no
cut zone is appropriate in this situation as the removal is selective and will not disturb ground
conditions within the resource area.
Buchsbaum moves to approve the tree removal request as presented with the condition that the three
maple trees are re- flagged in the field for the Agent's inspection. Seconded by Paluzzi. The motion
carries 6 -0.
Orders of Conditions
Cont: 131 Brimbal Avenue. DEP File #5 -1148 — Sunoco. Inc. c/o Anthonv Williams
Discussion ensues relative to waiver criteria for incursion into the No Disturb Zone. Bertoni notes
that the applicant made a greater effort to remove disturbance from within the NDZ, with an
increase of 1,974 square feet of new impervious surface with a proposed 14,000 square feet of
habitat enhancements, with Buchsbaum agreeing the mitigation ratio of 8:1 is a vast improvement
over existing conditions. Donnelly states the applicant worked through project to reduce size of
disturbance and considered alternatives as much as practicable, and the proposed mitigation plan
will leave the wetland and vernal pool habitat in better condition. Squibb believes the applicant did
the best they could to address the Commission's concerns acknowledging that the NDZ encumbers
a very large part of the property and alternatives were limited but thoroughly explored. Paluzzi
moves to grant a waiver from the 100' NDZ to allow projects activities within the zone. Seconded
by Buchsbaum. The motion carries 5 -0 -1 with Grandoni abstaining.
Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed:
1. The project construction schedule shall be arranged so that the Buffer Zone and Vernal Pool
Habitat Mitigation Plan can be performed simultaneously if not prior to site construction
activities. The applicant is reminded that some of the woody debris from tree removal must
be retained to incorporate into the habitat mitigation effort.
2. The Buffer Zone and Vernal Pool Habitat Mitigation Plan shall be adhered to, with each
phase being directly supervised by the project wetland scientist or other qualified wetland
consultant/scientist.
3. In order to better control and deter trespassing and dumping of trash and other deleterious
material in the buffer zone to the wetland, the applicant shall make every effort to talk to the
neighboring property owner at 133 Brimbal Avenue to explore the following fencing
options. The success or failure of this effort shall be reported to the Commission:
a. Raise the height of a 45 to 50 -foot section of fencing along the northerly property
boundary shared by 131 Brimbal and 133 Brimbal;
b. Property owner to consider installing a locking gate to span the very northerly corner
of their building and the northerly property boundary.
4. The applicant shall install signage along the wetland side of the parking area that reads
"Sensitive Wetland Area — No Littering or Dumping by Order of the Beverly Conservation
Commission ".
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5. Removal /cutting of herbaceous and woody growth from within a 1 -foot radius around the
newly installed mitigation plants shall be allowed to ensure proper establishment and
survival of these plants.
6. The mitigation plantings shall exhibit an overall survivorship of at least 75% after two (2)
full growing seasons post installation. A final report as detailed in the Buffer Zone and
Vernal Pool Mitigation Plan shall be submitted to the Commission within 60 days of the end
of the second growing season.
7. All maintenance and inspection reports pursuant to the Long -Term Stormwater Operation
and Maintenance Plan shall be submitted to the Conservation Agent on an annual basis no
later than December 31st of each year. This condition shall run in perpetuity beyond the
issuance of a Certificate of Compliance.
Seconded by Squibb. The motion carries 5 -0 -1 with Grandoni abstaining.
OLD/NEW BUSINESS
Cont: 5 Ouincv Park. DEP File #5 -1117 — Jack Altshuler
Maxner states the Commission tabled this request for continuance to have a quorum of voting
members.
Squibb notes he would like to know what the status of the project is since it has been on the agenda
for about a year and a half. Squibb moves to request the applicant supply definitive updates and
status of project application at the next meeting and if there are no plans to move forward the
Commission ask applicant to withdraw application or recommend the Commission deny
application. Seconded by Buchsbaum. The motion carries 6 -0.
Cont: Chapman's Corner Estates Subdivision Roadway, DEP File #5 -862 — request for
extension — Manor Homes Development, LLC c/o David Carnevale
Maxner states she conducted a site visit with the project engineer and observed catch basins have
been cleaned out and all equipped with new silt sacks, the bottom of detention basins have had
vegetation removed, the side slopes will be mowed in the fall, depth of sediment checked in all
basins and no immediate cleaning is necessary, split rail fence damaged on Lot #24 was repaired, so
she notes the roadway is back on track regarding maintenance.
Grandoni moves to extend the Order of Conditions for one year. Seconded by Paluzzi. The motion
carries 6 -0.
28 Whitehall Circle, DEP File #5 -1133 — Manor Homes Development, LLC c/o David
Carnevale
Maxner notes the project engineer is working on a pro- active enhancement planting plan to mitigate
for construction of the retaining wall around the proposed pool and has asked for a continuance to
the August 11, 2015 meeting.
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Donnelly moves to continue. Seconded by Paluzzi. The motion carries 6 -0.
New: Cabot Street, Harbor Walk — Mass. DOT — DEP File #5 -1090 — Request for Extension
Maxner reports that the Commission has received a request for an extension to the Order, issued in
October of 2012, which governs the construction of a public walkway along the Danvers River
under the Salem/Beverly (Veteran's Memorial) Bridge. Bertoni asks why a continuance is needed.
Maxner explains that the State had secured a contractor who withdrew from the project which
requiredd the State to go back out to bid for the project. There is a contractor on board and he is
performing both the Salem and Beverly side of this project left over from the bridge construction.
Squibb moves to issue a one year extension to the Order of Conditions. Seconded by Buchsbaum.
The motion carries 6 -0.
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 expenditure of $100.00 for the renewal of the Commission's annual
membership to Essex County Greenbelt. Seconded by Squibb. The motion carries 6 -0.
Grandoni moves to approve expenditure of $2,706.00 payable to attorney Jeffrey L. Roelofs, special
counsel to the Commission for his continued work in litigation relative to appeal of the 50 Dunham
Road ANRAD, Cummings Properties, LLC, DEP File #5 -1076. Seconded by Paluzzi. The motion
carries 6 -0.
Squibb moves to approve expenditure of $75.00 payable to the Southern Essex Registry of Deeds
for the recording of the Enforcement Order against 242 Dodge Street, owner Scott Barbeau.
Seconded by Paluzzi. The motion carries 6 -0.
Other Business
183 West Street, DEP File #5 -1102 - Chrystal Condakes — request for extension
Maxner explains that she spoke to the attorney for 183 West Street who requested an extension to
the Order of Conditions that governs abandonment of subsurface septic system connection to City
sewer that is due to expire in July 2016. Maxner notes that attorney reports that new owners will be
renovating the property so this is to ensure the Order is in place. Members discuss the request with
Donnelly noting the Order is still valid for another year and believes this is a premature request.
Members agree. Maxner will notify attorney that the Commission did not approve the extension.
50 Dunham Road, Cummings Properties — request to remove fallen tree
Maxner, Bertoni and Buchsbaum explain their recent site visit at 50 Dunham Road with
representatives from Cummings yesterday afternoon. They note that a very large upland tree
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snapped in half across outlet of certified vernal pool. Maxner requested that Cummings submit a
formal request to remove the fallen tree. Maxner reads the email request received from the
company's architect. Discussion ensues as to proposed methods of removal and the Commisson's
conditions to allow removal.
Paluzzi moves to approve removal of the fallen tree and associated debris subject to the conditions:
• The smaller trees branches and smaller diameter trunks will be removed from area with
equipment operating from the access drive -side of the pool.
The bulk of the large main trunk shall be lifted out of pool and not dragged across the
wetland or buffer zone.
• The Agent shall be contacted when work will be undertaken and to inspect the area when
work is complete.
Seconded by Buchsbaum. The motion carries 6 -0.
Adjournment
Donnelly moves to adjourn at 10:40 p.m. Seconded by Paluzzi. The motion carries 6 -0. The Next
regular meeting of the Conservation Commission is Tuesday, August 11, 2015 at Beverly City Hall,
3 d Floor Council Chambers, 191 Cabot Street.