2015-02-03CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
February 3, 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 conference room,
191 Cabot Street, Beverly, MA.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Squibb. 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 March 3, 2015
meeting. Paluzzi moves to continue. Seconded by Buchsbaum. The motion carries 5 -0.
Cont: 16 Bayview Avenue — construct fixed concrete pier, with associated gangway
floating dock — Tom Doherty
Maxner states the Commission received a request for a continuance to the March 3, 2015
meeting. Paluzzi moves to continue. Seconded by Buchsbaum. The motion carries 5 -0.
Cont: 131 McKay Street — redevelop & convert existing school building and site to 32 -unit
residential development — Windover McKay, LLC c/o Kristen Poulin
Charlie Wear, Meridian Associates, representing the applicant, notes minor revisions made to the
plan per the peer review done by City Engineer with suggestions on quarterly street sweeping,
catch basin cleaning at 12" of sediment all to be included in the maintenance plan. Also noted by
the Engineer was infiltration basin drain time in 72 hours, that construction entrances should be
longer, and parallel parking spaces enlarged to 19' long resulting in 900 square feet more of
impervious surface. He explains a waiver is being requested for the pathway through the 25'
NDZ with disturbance reduced down to 100 square feet within the NDZ and benches may be
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February 3, 2015 Meeting Minutes
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added. There will be a 6.5% increase in impervious surface overall on the site, but a 30%
decrease in the buffer zone. He notes that a small deck with rails is proposed to comply with
ADA access over the berm of the rain garden, a vegetated filter strip that runs over pavement is
also proposed. The subsurface infiltration will have a minimum of 10 inches of cover. Peter
Gourdeau, Windover, describes intent to landscape around historical marker sign on McKay
Street.
Bertoni asks if there are any question from the audience. Rick Marciano asks about removal of
oil tank under the building. Gourdeau notes it will be removed per code.
There being no further questions from the Commission or the public, Paluzzi moves to close the
hearing. Seconded by Buchsbaum. The motion carries 5 -0.
New: 9 Ober Street — construct stone revetment along eroding coastal bank, construct
stairs, landing and retractable stairs for beach access — Charles Harris
Maxner reads legal notice.
Scott Skuncik project engineer with CLE representing the applicant describes the project to
protect an eroding coastal bank and instllation of stairs for beach access. He provides an
overview of the proposed rip -rap stone revetment to aid in stabilizing an eroding coastal bank,
cutting six existing locust trees that are growing horizontally along the bank, and installing salt -
tolerant native plantings; constructing stairs and landing /deck area to access the beach. He
reviews the wetland resources on site and impact to each as a result of the project.
In response to Paulzzi's question as to construction methods, Skuncik explains the need to truck
in rip rap stone along the beach, and use of excavator above mean high water to install and
position the stones, and work related to beach access for landing /stair. Paluzzi asks if eel grass
beds are nearby and if they will be impacted. Skuncik notes there is no eel grass in the
immediate area where construction will occur above high tide water line, and there is little fine
sediment on the beach which is stable versus the bank.
Bertoni asks what is causing the erosion and whether it is a land -side issue. Discussion addresses
erosion caused by large coastal events.
Bertoni asks if there are any questions from the audience. There are none. Members agree that a
site visit is needed. The Commission scheduled a site walk for February 22 at 7 a.m. There being
no further question at the moment, Buchsbaum moves to continue the hearing until March 3,
2015. Seconded by Paluzzi. The motion carries 5 -0.
New: 36 Fosters Point — demolish existing and construct new single- family house — Dana &
Sue Cruikshank
Maxner reads legal notice.
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February 3, 2015 Meeting Minutes
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Bob Griffin project engineer representing the applicant explains the proposal to remove an
existing single story, wooden building at the site, a 6,000 square foot property. Construct a new,
70,000 square foot two story structure on the existing sturdy foundation with a small addition on
the front. A car will be able to be parked underneath the house. Decks next to house will be
reconstructed.
Griffin reviews the wetland resources on site. He notes no drainage changes will occur on this
flat lot. Driveway will be widened with minimal grading, The existing shed and propane tanks
are located in 25' No Disturb Zone historically and will remain. A 36" tree to the right of the
house will be preserved.
Buchsbaum asks how stormwater will be handled and new impervious calculations. Griffin
notes that about 500 square feet increase and pea stone will be installed under the deck to assist
drainage.
Discussion ensues with resident about owner unknown property in the back of lot. The
Commission schedules a site walk for Sunday, February 22 at 8 a.m.
Bertoni asks if there are any questions from the audience. Rick Marciano asks about the
easement noted on the plan. Griffin explains there is a water access easement.
There being no further questions at this time, Paluzzi moves to continue the hearing until March
3, 2015. Seconded by Knight. The motion carries 5 -0.
New: 46 L.P. Henderson Road — construct new airplane hangar — Alan Battistelli
Maxner reads legal notice.
Bill Manuell, Wetlands and Land Management, representing the applicant describes proposal to
construct new airplane hangar at Beverly airport. City of Beverly will take ownership after
completion and Alan Battistelli will construct and lease hangar. Two other hangars have been
built in this area, both received Certificates of Compliance.
Manuell flagged wetlands for two prior hangars and continued the delineation for this project.
The wetland is a historic gravel pit now containing mainly Phragmites. Access to the new hangar
will be from taxi way past the existing hangars. He explains the new hangar will be a steel
building with a footing and slab foundation. A crane will be used for construction. The 25' No
Disturb Zone is respected, erosion control was identified, and minimal grading will be done with
boulders used to retain slope. Discussion ensues about airport layout plan and area designated for
hangar construction relative to No Build Zone, with Manuell noting this is the last hangar project
proposed for this particular area. Runoff will be directed from hangar to apron at site, and there
will be a grass swale around the building. There will be a 75% increase in impervious area.
Drainage at site is designed for development of airport. Members review the plan, noting that a
specification for the grass swale is needed.
Bertoni asks if there are any questions from the public. There are none.
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February 3, 2015 Meeting Minutes
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There being no further questions or comments from the Commission, Paluzzi moves to close the
hearing. Seconded by Buchsbaum. The motion carries 5 -0.
New: 147 West Street, DEP File #5 -1132 — request to Amend Order of Conditions to convert
lawn to native plantings and install deer fence — Margarita Medini
Maxner reads legal notice.
John Dick, Hancock Associates, and landscape architect Laura Gibson are representing the
applicant. Dick notes they are seeking an amended Order of Conditions to address two main
changes in the plan. He explains that conversion of lawn and non - native ornamental plantings
will be replaced with native plantings resulting in increase of native plantings by 60% in 25'
NDZ and buffer zone and a change in FEMA flood zone designation from Bordering Land
Subject to Flooding to Land Subject to Coastal Storm Flowage. He notes that the performance
standards for Coastal flooding zones do not require compensatory flood storage. Laura Gibson
speaks to changes in the driveway surfacing, which is asphalt that will removed and replaced
with porous paving material. She notes there is a substantial reduction in fencing. She also
describes what plantings will replace invasive species. An earth garden will be added with
ornamental plantings including roses and hydrangeas. Forty percent of original fence will be
reduced. Pool fence will be installed with new layout.
Discussion ensues about the location of the floodway that follows course of brook, and coastal
barrier resources stopping short of property. Commission members request additional
information relative to the proposed change in flood zone designation.
Paluzzi moves to continue the hearing to the March 3, 2015 meeting. Seconded by Buchsbaum.
The motion carries 5 -0.
New: 28 Whitehall Circle, DEP File #5 -1133 — request to Amend Order of Conditions to
construct pool, patio and boulder retaining wall — Manor Homes Development, LLC c/o
David Carnevale
Maxner reads legal notice.
Bob Griffin project engineer representing the applicant describes how the Commission had
approved an Order of Conditions for Lot #19 and plan revisions have been made requiring an
amended Order, the proposal is for a single family house within the buffer zone. As in the last
plan, some of the trees have been identified to be saved and that continues, he notes the proposed
house footprint is slightly larger than before and prospective owners would like to install a pool
behind the house. The pool and patio constitutes an increase of 1,600 square feet of impervious
surface and there will be a perimeter infiltration strip (4' deep by 2' wide with crushed stone)
around the pool to infiltrate water into the ground. Soil conditions are favorable in the back of
the property rather than on west side of house where there is ledge. Roof runoff from house and
garage will be piped to a 1,000 gallon dry well at the back of the property. Calculations for lot
illustrate that no additional dry wells are necessary for infiltration up to 100 year storms.
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Bertoni asks about grading and elevation changes. Griffin explains the ground drops off at the
rear of the property requiring between 2' and 4' of fill to create a level area for patio close to first
floor of house. Dry set boulder stonewall will retain fill. Maxner points out that the retaining wall
could impact a nearby oak tree. Griffin proposes if there is a question of survivorship a new oak
tree could replace the existing tree, but the dead pine tree will still be removed. The residential
pool proposed is 16' by 32'. He notes a fair amount of gravel will be put in the area which will
assist with infiltration. Discussion ensues about infiltration impact on dry set boulder retaining
wall although wall will be above groundwater table so a lot of water should not emanate through
the cracks. Discussion addresses how a wall could be constructed around oak tree drip edge.
Bertoni asks if there are any questions from the audience. Ward 4 Councilor Scott Houseman
asks if this plan has undergone drainage calculation review as per the Planning Board approval.
Griffin notes that drainage calculations for the original and revised plan have been submitted to
the City Engineer.
There being no further questions or comments from the Commission or the public, Paluzzi
moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0.
OLD/NEW BUSINESS
Cont: Standley Street Conservation Land Waring School Field Encroachment — Update
from Staff on Possible Resolution
Attorney Tom Harrington representing the Waring School states that the School is generally
comfortable with conditions proposed by Conservation Commission and input from the Open
Space and Recreation Committee as laid out in the draft Resolution. Harrington proposes an
alternative location for two parking spaces for trail access at the northerly end of the 25' ROW
east of Standley Street. He explains the School does not wish to memorialize the public's right of
park in the gravel parking lot, but is willing to allow current practices to continue.
Discussion ensues about proposed parking location on City land for two cars versus the School
property. The School will provide details on its parking proposal. There was agreement that the
School could cooperate with the City to improve accessibility of right of ways on either side of
Standley Street, installing signage (on City land), clearing of overgrowth, keeping ways clear of
debris. The two parties will work together defining trail from end of right of way on opposite
side of street to connect with open space to the east. Maxner notes that she has recommended
that the Community Garden group develop a conceptual plan for the gardens layout and design.
Revisions to the resolution are discussed, with Maxner and Harrington agreeing to work together
to make edits and present at the next Commission meeting.
New: 10 -12 Congress Street, DEP File #5 -947 — Request for Minor Modification to Order of
Conditions — Beverly Office Development c/o Dennis Pantano
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February 3, 2015 Meeting Minutes
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Mary Rimmer, Rimmer Environmental Consulting, representing the applicant describes how the
recent Amendment to the Order that governing the installation of a sloped rip rap revetment has
been reviewed by Chapter 91. She explains that Chapter 91 review resulted in some changes to
the river walk changing its width from 8' to 10' and installing a 2" PVC overflow pipe into the
revetment from the rain garden to show a water - dependent use. She shows where the changes
are proposed on the plan. She notes the proposed materials for the public walkway have not
changed and the property is being marketed for sale.
Members review the changes and there being no questions or concerns, Buchsbaum moves to
grant request for the Minor Modification. Seconded by Paluzzi. The motion carries 5 -0.
New: 242 Dodge Street — Enforcement Order Follow Un — Scott Barbeau
James Herrick and Jim Morin of Herrick Engineering are representing the owner Scott Barbeau.
Herrick explains they have been retained by Mr. Barbeau to address the Enforcement Order
issued by the Commission. He explains his preliminary plan and addresses comments from the
Commission and City Engineer. He notes that proper permits will be applied for. Maxner
clarifies that a Notice of Intent will not be entertained as work should be done under
Enforcement Order. Discussion ensues about any City required paperwork being submitted as
part of plan in anticipation of weather - permitting test pits being dug. Maxner notes that fines
associated with the Enforcement Order ceased after Mr. Herrick submitted materials. Members
discuss a new deadline to comply with these specifications.
Paluzzi moves to amend the Enforcement Order to require the following as discussed:
• The Herrick CAD drawing /plan will be overlaid with the City of Beverly 2008 GIS
Topographic data layer to ascertain pre- existing topography (with elevation datum of
NAVD 1988);
• Once ground conditions allow, soil testing will be conducted to determine depths of fill,
and the character of materials and soil along the slope — the Conservation Commission
and the Engineering Department shall be notified at least 48 hours in advance of that
activity to ensure that City personnel can observe results in the field;
• Revise the plan to show removal of all fill from the Floodplain and abutting properties;
• Revise erosion control specification to call out straw in replace of hay and implement in
the field as soon as ground conditions allow;
• Any stumps, yard waste or other debris shall be reomved from the slope that may remain
once materials are removed from the Floodplain. Further, soil types shall be taken into
consideration when designing the final slope profile, methods for its construction and
appropriate plantings to ensure its long -term stabilization;
• Any dead or dying trees shall be replaced on a 1:1 basis with native species — conditions
of the trees can be better derermined once the growing season commences;
• Root bases of live trees shall be unearthed and properly prepared to allow for tree growth
and protection of the critical root zone perimeter;
• To save time, money and resouces, work to be conducted pursuant to the directives of this
Enforcement Order shall not be applied for or entertained under an RDA or NOI — the
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February 3, 2015 Meeting Minutes
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Enforcement Order as issued by the Conservation Commission shall be the ruling permit
for this work. You and your represenatives will be responsible for securing any other
necessary City permits, which may include a Drainage Alteration Permit with the
Engineering Department;
• Actions and supplemental information listed above shall be submitted in advance of the
May 19, 2015 Conservation Commission meeting, to be presented, discussed and
considered at the May 19t' meeting;
• Any supplemental information listed above that does not require on -site investigation
shall be submitted to the Conservation Commission in the interim to demonstrate on-
going efforts to comply with this EO.
Seconded by Knight. The motion carries 5 -0.
New: Planning Board Request for Comments — 51 Standley Street, Special Permit
Application, #141 -14 Pork Chop Lot — RC Realty Trust c/o Thomas Carnevale
Discussion ensues about right of way as a main concern for the Commission since it leads to the
Conservation Commission held land, which should be unencumbered access. Members question
if right of way could be expanded to include the small 15' wide strip of land on the opposite side
of the way since this land is really not usable to the new homeowner.
Paluzzi moves to approve Maxner writing a letter with the Commission's comments to the
Planning Board. Seconded by Squibb. The motion carries 5 -0.
New: Planning Board Request for Comments — 44 & 52 Standley Street, OSRD Site Plan
Initial Review - RC Realty_ Trust c/o Thomas Carnevale & Paul I Sweeney_ Realty_ Trust c/o
Donna Sweeney
Member review the OSRD concept plans. Discussion ensues about concept plans and use of
right of way with Maxner noting will move and coincide with the new road. The Commission
discuss the attributes of the various plans relative to open space protection, proximity to existing
Con Com -held land, potential community garden access and wetland resources. Members agree
to avoid future confusion, the Board should require plan revisions to show continuous connection
of the cul -de- sac /right -of- way to Conservation land. The Commission discuss the merits with
Conceptual Plan Two ( #2) but generally members preferred Plan #3.
Paluzzi moves that a comment letter be submitted to the Planning Board with comments as
discussed. Seconded by Squibb. The motion carries 5 -0.
Approval of Minutes -- September 9, 2014
Commissioners provided amendments to Maxner. Paluzzi moves to approve the minutes of
September 9, 2014 as amended. Seconded by Knight. The motion carries 5 -0.
Orders of Conditions
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February 3, 2015 Meeting Minutes
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131 McKay Street — redevelop & convert existing school building and site to 32 -unit
residential development — Windover McKay, LLC c/o Kristen Poulin
Discussion ensues as to the request for a waiver from the 25' NDZ. Buchsbaum notes the
walkway has been shifted to minimize its incursion into the NDZ and they avoided direct
wetland alteration altogether and notes the extent of existing disturbance includes a majority of
the site. Bertoni notes that existing conditions will be improved upon with impervious surface
being removed from the buffer zone which is currently consists of degraded conditions. Paluzzi
moves to approve the waiver. Seconded by Knight. The motion carries 5 -0.
Discussion ensues as to conditions to apply to the project. Bertoni moves to issue Standard
Conditions and the following Special Conditions as discussed:
1. Per the City Engineer's January 20, 2015 comment letter, mechanical sweeping of paved
surfaces must be carried out on a monthly basis in order to maintain compliance with the
Massachusetts Stormwater Management Standards for 10% TSS removal. This condition
shall survive in perpetuity beyond the issuance of a Certificate of Compliance.
2. Per the City Engineer's January 20, 2015 comment letter, all maintenance and inspection
reports shall be submitted to the City of Beverly Planning Department one time (1)
annually due by December 31s of the calendar year in which the maintenance /inspection
was performed. This condition shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
3. Depositing, stacking or storing snow within the vegetated filter strip and within the 100 -
foot buffer zone is prohibited. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
Paluzzi seconds the motion. The motion carries 5 -0.
28 Whitehall Circle DEP File #5 -1133 — request to Amend Order of Conditions to construct
pool, patio and boulder retaining wall — Manor Homes Development, LLC c/o David
Carnevale
Discussion ensues as to possible conditions to apply to the amended project. Paluzzi moves to
issue Standard Conditions and the following revised Special Conditions as discussed:
1. Prior to construction or any work on site, the markers and /or fencing shall be equipped
with plaques bearing language on their upland side reading "No Disturbance Beyond This
Point By Order Of the Beverly Conservation Commission ". Prior to any work
commencing the Conservation Administrator shall inspect the installed markers and
fence. Maintaining these markers in good condition is required and this requirement shall
survive in perpetuity beyond the issuance of a Certificate of Compliance.
2. The proposed boulder retaining wall shall be constructed so as to be outside the drip line
of the most proximal Oak tree slated for preservation. "NOTE: A tree's drip line is a
ring around the tree canopy on the ground level that receives most of the rainwater shed
from the outer edges of the tree canopy.
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February 3, 2015 Meeting Minutes
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3. Pool backwash and drawdown shall be directed to the drywell. Drawdown shall not be
directed to the wetland. This condition shall run in perpetuity and shall survive the
issuance of a Certificate of Compliance.
4. If, for any reason, pool backwash or drawdown is discharged overland, pool drawdown
shall not occur within 2 weeks of chlorination. Drawdown or backwash shall be directed
over land to maximize infiltration or directed into a /the drywell or to street drainage.
Drawdown shall not be directed to the wetland. This condition shall run in perpetuity
and shall survive the issuance of a Certificate of Compliance.
5. Photo documentation of physical installation of the drainage /drywell structures shall be
submitted to the Commission for its file.
6. It shall be the responsibility of the homeowner to maintain and clean all the drywells at
least once per year or more frequently if directed by the manufacturer. This condition
shall run in perpetuity and shall survive the issuance of a Certificate of Compliance.
7. All trees slated for preservation within the Buffer Zone shall survive at least two years
post construction. If any such trees within the Buffer Zone fail or die within those two
years, three native replacement trees of at least 2 -inch caliper shall be planted on site
within the Buffer Zone.
8. As shown on the approved plan, three (3) Red Maple trees shall be planted along the edge
of the 25 -Foot No Disturb Zone and shall be a minimum of 2- inches in caliper.
Knight seconds the motion. The motion carries 5 -0.
46 L.P. Henderson Road — construct new airplane hangar — Alan Battistelli
Discussion ensues as to possible conditions to apply to the project. Paluzzi moves to issue
Standard Conditions and the following Special Conditions as discussed:
1. As discussed with and agreed to by the applicant, this hangar will only function to house
and store an airplane. Maintenance, servicing, fueling or other related activities shall be
prohibited within the hangar, associated apron or access drives. This condition shall run
in perpetuity and survive beyond the issuance of a Certificate of Compliance.
2. Long -term storage of oils or any other chemicals within the hangar is prohibited. This
condition shall run in perpetuity and survive beyond the issuance of a Certificate of
Compliance.
3. The catch basins within the vicinity of the project shall be protected with hay bales or silt
sacks to prevent any loose sediment or materials from entering the basins during
construction and shall remain until all soils are fully stabilized.
Knight seconds the motion. The motion carries 5 -0.
New: Review of Minor Project Permits Issued by Agent since last meeting
Maxner notes she has not issued any new Minor Project Permits since the last meeting.
Adjournment
Paluzzi moves to adjourn at 11:25 p.m. Seconded by Knight. The motion carries 5 -0. The Next
Regular Meeting of the Conservation Commission is Tuesday, March 3, 2015 at Beverly City
Hall, 3 d Floor Council Chambers, 191 Cabot Street.