2015-08-11CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
August 11, 2015
Chair Christine Bertoni, Jay Donnelly, Richard Grandoni,
Tony Paluzzi, Bill Squibb
Vice Chair Robert Buchsbaum
Planning Director Aaron Clausen
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.
UEST FOR DETERMINATION OF APPLICABILITY
Cont: 39 South Terrace — Charles Ram
Charles Raymond describes how he revised the Zoning Board of Appeals Special Permit
decision to shrink the footprint of the proposed two story addition outside of the first 100 feet of
the riverfront area, and that roof runoff over entryway will be directed to the drywell. The 660
square feet of increased impermeable surface from roof will have runoff coming off of drip edge
to perforated infiltration pipe to dry well. He notes the ZBA approved the modification to the
final Special Permit on August 6, 2015.
Paluzzi moves to find that a Notice of Intent is not required for this project and issue a Negative
#2 Determination. Seconded by Squibb. The motion carries 5 -0.
New: 133 Common Lane — plant native trees — Joanna & Steve Catalucci — The applicant
asked that this application be withdrawn without prejudice.
Paluzzi moves to approve the withdrawal without prejudice. Seconded by Squibb. The motion
carries 5 -0.
NOTICES OF INTENT
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0.
Cont: 5 Quincy Park — Jack Altshuler
Conservation Commission
August 11, 2015 Meeting Minutes
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Discussion ensues about how there is not a quorum to address the matter and applicant's civil
engineer is not available to provide a status update.
Paluzzi moves to continue the hearing until September 1, 2015 meeting. Seconded by Grandoni.
The motion carries 5 -0.
Cont: 16 Bayview Avenue — Tom Doherty
Squibb moves to continue the hearing until September 1, 2015 meeting as requested by the
applicant's engineer. Seconded by Paluzzi. The motion carries 5 -0.
Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott
College c/o Dennis Monaco
Paluzzi moves to table until the consultant arrives. Seconded by Squibb. The motion carries 5 -0.
Paluzzi moves to un -table this item since applicant's representatives arrived at meeting.
Seconded by Squibb. The motion carries 5 -0.
Joe Orzel representing the applicant describes site walk and how centerline of proposed
driveway was staked and review was done of trees and 25' No Disturb Zones that would be
protected. As well as where mitigation plantings would occur. The Commission reviewed these
wetland systems under an Order of Resource Delineation June /July of 2013 (ORAD decision is
attached to NOI). 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. A waiver
request worksheet is included in the NOI package. The application and stormwater report is
being reviewed by the City Engineer.
Discussion with Charles Wear, Meridian Engineering, addresses buildable areas on the College's
campus and three alternatives presented with waiver request (small impingement of 25' NDZ
along road) that would require crossing wetlands, location in 100' buffer zone and be near by-
law vernal pools. At the current facility there is minimal space for parking for employees,
outdoor storage of material (mulch), and deliveries. Preliminary discussion has occurred about
locating public safety in this part of the campus. Discussion ensues about if blasting was required
would it impact 25' NDZ or if drilling technique would be used to remove ledge to reach desired
grade and locate utilities, 2,000 yards of material would be removed and 6,000 yards of material
brought in. There was mention about how approach is to not take water away from wetland or
vernal pool. The roadway will have a grassy shoulder area which will allow wildlife migration.
Trees to be removed in 25' NDZ will be replaced.
Discussion ensues about accessibility on the property especially to trails in relation to the
Landmark School site. Also mentioned was impact of stormwater in proposed trench and if it
would drain to wetland; analysis was done.
Conservation Commission
August 11, 2015 Meeting Minutes
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Clausen read the letter from City Engineering Greg St. Louis submitted August 10, 2015.
The College will respond to these concerns in a document before the Commission's next
meeting. Discussion ensued about crossing at baseball field and pavement from Landmark
School encroaches on the College's property.
Discussion was on wind turbines, software used to assess flicker effect when it is spinning, and
potentially little impact resulting from loss of shadow on vernal pool if trees are removed. As
well as how the limit of work is determined based on existing profile (i.e., where would the
roadway be located based on ledge, setbacks to wetland and vernal pool) relative to finished
surface to existing grade. Discussion addresses dimensional requirements under fire protection
regulations and maximum required slope (10 %), the roadway is designed to handle the City's fire
and emergency apparatus and large maintenance vehicles.
In response to a resident of Hale Street, the representative states that red oak, white pine, black
birch, hemlock vary in size and it is not known now how many would be removed. Trees to be
replanted would be in 5' to 6' range. Most of the trees within 100' of buffer zone will not be
touched so vernal pool will not be exposed to direct sunlight. Charles Loring, 502 Hale Street,
inquires about monitoring of blasting proposed in area. Most of the ledge along the roadway is
fractured. Blasting permit would be required from Fire Department, a certain level of blasting is
allowed and monitored, reverberation occurs through ledge. The Commission asks the applicant
to provide information on any proposed blasting. Resident of 15 Thissell Street, addresses how
maintenance vehicles traveling over the roadway to and from the maintenance facility would
contain salt and petroleum products, effect on environment and if there would be a mitigation
plan. This would be addressed in operation and maintenance plan for roadway. Discussion was
on stormwater regulations and protection for groundwater and water quality from EPA, DEP and
at local level. When the College built the dormitory and ice skating rink it stayed outside of the
buffer zone and away from vernal pools. Steve Fletcher, 18 Bissell Street, expresses
neighborhood /abutter concern about facility being proposed, access to trail network that should
be spoken to by applicant, truck traffic and pollution.
Discussion ensues about WPA in place to protect resources not to prohibit development, and
roadway accessibility relative to vernal pool habitat. Paluzzi moves to continue the hearing to the
September 1, 2015 meeting. Seconded by Donnelly. The motion carries 5 -0.
Cont: 17 Victor Avenue — repair eroding stream bank — Anthony Paluzzi
Paluzzi asks for a continuance as he has not received a plan from his engineer yet. Donnelly
moves to continue to the September 1s meeting. Seconded by Squibb. The motion carries 4 -0 -1
with Paluzzi abstaining.
New: 782 Cabot Street — construct addition, install in- ground pool and patio — Nancy
Buchanan
Clausen reads the legal notice. William Manuell of Wetlands & Land Management is present for
the applicant and explains the project. He reviews the plan noting the applicant wishes to
construct 12'x 36' addition to rear of existing house, remove existing above - ground swimming
Conservation Commission
August 11, 2015 Meeting Minutes
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pool and install 18'x 37' in- ground pool, associated patio and equipment. Work to take place
within 100 -foot buffer zone to bordering vegetated wetland, with the closest part of the project
(grading around pool) being 50 +/- feet from the wetland.
Manuell fields the Commission's questions relative to proposed grading, pool backwash system
and handling, timing of the pool and addition construction.
Bertoni asks if there are any questions from the audience. There are none.
Donnelly moves to close the hearing. Paluzzi seconds the motion. The motion carries 5 -0.
OLD /NEW BUSINESS
Cont: 28 Whitehall Circle, DEP File #5 -1133 — enhancement planting plan - Manor Homes
Development, LLC c/o David Carnevale & Cont: Chapmans' Corner Estates Subdivision
Roadway, DEP File #5 -862 — discussion regarding outstanding fines per January 23, 2013
Enforcement Order — Manor Homes Development. LLC c/o David Carnevale
Paluzzi moves to continue these two items to the September 1st meeting as the applicant's
engineer is not present at the meeting. Donnelly seconds the motion. The motion carries 5 -0.
New: 52 Dunham Road, DEP File #5 -1123 — Request for Minor Modification to Order of
Conditions — Cummings Properties, LLC c/o Stephen J. Drohosky
Michael Aveni, Cummings Properties architect, speaks to minor modification where the
subsurface stormwater treatment device is to be substituted with an alternative for 5 -story mixed
use building. The Order was issued in September 2014. A building permit has been issued for
foundation, blasting will occur at site. The alternative proposed consists of a Cultec unit with
higher stormwater capacity plastic chambers versus concrete product that has a satisfactory TSS
removal rate (97 %), no trucks or crane would be needed, all work could be done by hand. The
City Engineer indicates in his recent email correspondence that he finds the change acceptable
provided that enhanced reporting by a third -party inspector / pipe cleaning company is
acceptable for the use of isolator rows, and the Commission could consider quarterly reporting
for the first 3 years with semi - annual reporting to follow after that (fall /spring). The cleaning of
the isolator rows should be conducted once there is there is 3- inches of sediment, every 5 years,
and per manufacturers specifications; whichever is more restrictive. The footprint will fit under
the garage. The system will capture roof and road runoff.
Paluzzi moved to issue a Minor Modification with conditions as recommended by the City
Engineer. Seconded by Donnelly. The motion carries 5 -0.
The Commission took a break at 9:15 p.m. and reconvened at 9:20 p.m.
New: 3 Melvin Avenue, DEP File #5 -982 — Request for Extension to Order of Conditions —
Paul Gareri
Conservation Commission
August 11, 2015 Meeting Minutes
Page 5 of 7
Members note that Amy Maxner's staff report explains that the Gareris have undertaken interior
renovations to the house within the existing footprint and have not started any of the outside,
footprint- changing work due to fiscal constraints. The Order, issued in August of 2008, governs
demolition of the existing rear porch and bump out, pour new concrete foundation to accept a
20'x 28' addition with rear deck, remove and reconfigure existing walkways and driveway to be
constructed of previous materials, plant native trees and shrubs, restore salt marsh with salt
marsh grass and plant its edge with salt tolerant shrubs. Work to take place within Salt Marsh,
Buffer Zone to Coastal Bank and Salt Marsh, 200 -Foot Riverfront Area to Danvers River, and
Land Subject to Coastal Storm Flowage.
The Gareris indicated that they want to start the work under the Order as soon as they can,
finances allowing but don't want the Order to expire as work cannot commence or continue
under expired Orders.
Paluzzi moves to extend Order under the Beverly Wetland Ordinance and Regulations for one
year period to August 2016. Seconded by Donnelly. The motion carries 5 -0.
New: Planning Board Request for Comments — 11 -15 Sunnycrest Avenue Initial OSRD Site
Plan Review — PD Building, LLC
Paluzzi moves to hold off on comments until the September 1, 2015 meeting so the applicant's
consultant can field questions from the Commission. Seconded by Bertoni. The motion carries 5-
0.
New: Planning Board Request for Comments — 50 & 54 Boyles Street OSRD Definitive Site
Plan Review — Symes Development & Permitting, LLC
Discussion ensues on how the Commission has already submitted information on the OSRD to
Planning Board. The Open Space & Recreation Committee recommended in its comment letter
that the open field should be kept as meadow habitat with a management plan similar to that
created for 875 Hale Street subdivision. Discussion addresses how the Planning Board has
chosen alternative #1 since it impacts wetland buffer area less and provides a greater buffer to
surrounding property owners. The wetland has been flagged at the site and observed by Maxner
with 100' buffer zone along western edge of property. Open space value at the site would be to
preserve wildlife habitat, tree canopy, and protecting wetland resources. The site will have a
private road maintained by homeowner's association.
Paluzzi moves to ask Maxner or Clausen to draft a letter to Planning Board recommending
maintenance of forest, incorporate language in homeowner's covenant regarding Lot 2 that part
is zoned 100' buffer to BVW and open swale areas remain grassy meadow and planted with
meadow mixture. Seconded by Grandoni. The motion carries 5 -0.
New: Expenditure Approvals
Conservation Commission
August 11, 2015 Meeting Minutes
Page 6 of 7
Paluzzi moves to approve $100.00 payment 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; and $100.00 payment to the Ipswich
River Watershed Association for renewal of the Commission's annual membership. Seconded by
Grandoni. The motion carries 5 -0.
Approval of Minutes
Paluzzi moves to approve July 22, 2015 minutes as amended. Seconded by Donnelly. The motion
carries 5 -0.
Other Business
Discussion ensues about the Cummings Center's interest in installing a hydrologic structure at
the high end of its former Shoe property to capture sediment and responsibility for periodic
cleaning relative to discussion about cleaning up existing sediment in Shoe Pond. The Cummings
Center is interested in having analysis done relative to improving the quality of the pond water.
The City has a grant to build a tidal structure at culvert by Cummings Center to prevent tidal
flooding from coming onto the Cummings Center property.
Orders of Conditions
782 Cabot Street — construct addition, install in- ground pool and patio — Nancy Buchanan
Discussion ensues about Standard Conditions and the following Special Conditions:
1. If the construction of the pool and addition are phased and happen at different times, a
pre - construction meeting, as outlined in Standard Conditions 15 and 16 below, shall be
held for each project element before they occur.
2. Any dewatering from excavation activities related to the pool or addition shall be directed
upland away from the wetland resource area on the upland side of the erosion controls.
Any de- watering of trenches or other excavations required during construction shall be
conducted so as to prevent siltation of wetland resource areas. All discharges from de-
watering activities shall be filtered through haybale sediment traps, silt filter bags or other
means approved by the Commission or its Administrator.
3. Pool drawdown (for winter closure) shall not occur within 2 weeks of chlorination or
operation of the pool to allow dissipation of chlorine before pool water is released into
the environment. Drawdown shall be directed over upland to maximize infiltration.
Drawdown shall not be directed to the wetland and not less than 50 feet from the wetland.
This condition shall run in perpetuity and shall survive beyond the issuance of a
Certificate of Compliance.
4. If a cartridge system is not employed as part the pool filter operation, pool backwash
shall be directed not less than 50 feet from the wetland over upland to maximize
infiltration. Backwash shall not be directly discharged to the wetland. This condition
shall run in perpetuity and shall survive beyond the issuance of a Certificate of
Compliance.
Conservation Commission
August 11, 2015 Meeting Minutes
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Donnelly moves to issue Order of Conditions as discussed. Seconded by Squibb. The motion
carries 5 -0.
39 South Terrace
Discussion ensues about Standard Conditions with no special conditions. Donnelly moves to
issue Standard Conditions. Paluzzi seconds the motion. The motion carries 5 -0.
Adjournment
Donnelly moves to adjourn the meeting at 11:15 p.m. Seconded by Squibb. The motion carries 5-
0.
The next regular meeting of the Conservation Commission is Tuesday, September 1, 2015 at
Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.