2015-09-22CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
September 22, 2015
Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay
Donnelly, Richard Grandoni, 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.
Certificates of Compliance
New: 8 Curtis Point Road, DEP File #5 -957 — construct 3 -car garage, remove existing rear
deck and construction of new deck with stone patio, extend landscaping retaining walls and
repave driveway — John Duffy
Peter Ogren, Hayes Engineering and John Duffy owner are present.
Maxner notes the Order, issued in June of 2007, governed house renovations including
construction of 3 -car garage within same footprint of existing garage and carport, removal of
side stairs and porch and construction of new porch and stairs outside 25 -Foot No Disturbance
Zone (no other work was proposed in the 25' NDZ), removal of existing rear deck and
construction of new deck with stone patio, extension of landscaping retaining walls and repaving
of driveway within 100 -Foot Buffer Zone to BVW, and 200 -Foot Riverfront Area. Standard
Conditions were issued, with no Special Conditions.
Maxner states that the applicant undertook clearing in the No Disturb Zone outside of the Order
of Conditions and site plan. She had observed the clearing and asked applicant to prepare
planting plan. Plantings were installed in 25' buffer to BVW and wetland scientist submitted a
report with review of planting. The area to the west of the pond has been thickly revegetated and
plantings were doing well. The bank to the north of house is revegetated since it was cleared.
Discussion ensues with Duffy and Ogren about habitat enhancement plants that include
landscaping plants. Duffy notes that Maxner observed Japanese knotweed is along the pond to
the north with a patch in No Disturb Zone and commitment to eradicate the invasive species will
have to be discussed with future property owners since the property is transferring in two weeks.
Conservation Commission
September 22, 2015 Meeting Minutes
Page 2 of 5
Paluzzi moves to issue Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0.
New: 412 Hale Street, DEP File #5 -909 - Construct of a new athletic field, access sidewalks,
stormwater drainage system, and landscaping — Landmark School c/o David Seiter
Landscape architect Katherine Martin representing the applicant speaks to the Order, issued in
February 2007, that governed construction of a new athletic complex for the Landmark School
south campus, including a new playing field, gymnasium (the gymnasium was located on
another site, so was eliminated from this project), parking area (the parking was related to the
gymnasium, and therefore eliminated), sidewalks, stormwater drainage system, and landscaping.
The applicant has responded to requirements for Certificate of Compliance from Maxner after
she visited the site a number of times.
Maxner states she believes the site to be stable with no outstanding issues. She reviews the list
of long term conditions to attach to the Certificate of Compliance. Martin notes that the school's
facility department had no objections to the long term conditions. Frequency of reporting is
discussed and yearly timeframe is agreed.
Paluzzi moves to issue the Certificate of Compliance with the perpetual conditions as discussed.
Seconded by Buchsbaum. The motion carries 6 -0.
New: 4 Brooks Circle, DEP File #5466 — construct new in- ground swimming pool to
replace existing in- ground pool — c/o Hancock Associates
John Dick representing the applicant explains this Order issued in June 1994, governed removal
of an existing in- ground pool and installation of a new in- ground pool in different location and
shape. He notes that Riverfront Area regulations were not in effect at that time so work took
place within 100 -foot buffer zone to top of bank of the brook, with no work within 50 feet of the
bank. Maxner and Dick visited the site and found it to be stable with pool shape, size and in
location as proposed. There was no dumping observed in the wetlands beyond the fence. The
present owner was advised about how his property is fully encumbered by the Riverfront. The
septic system was abandoned and connection to City sewer was done in 1994. The pool has
recycling filter so draw down or backwash is not necessary and there were no hoses indicating
any discharge.
Paluzzi moves to issue a Certificate of Compliance for 4 Brooks Circle. Seconded by Grandoni.
The motion carries 6 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0.
NOTICES OF INTENT and /or ABBREVIATED NOTICES OF INTENT
Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated
gangway and floating dock — Tom Doherty
Conservation Commission
September 22, 2015 Meeting Minutes
Page 3 of 5
Maxner notes the Commission received a request for continuance. Squibb moves to continue to
the October 13, 2015. Seconded by Paluzzi. The motion carries 6 -0.
Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott
College c/o Dennis Monaco
Maxner explains the Commission received a request for a continuance from the applicant as they
would like more time to review the proposed draft special conditions. Grandoni notes he will not
be present for the October 13t' meeting. Discussion ensues as to the Commission's preference to
have a full compament of the Commission present for any final vote. Paluzzi moves to continue
the hearing to the November IOt'' meeting only if the applicant is amenable to that date, if not the
hearing would be continued to October 13t''. Seconded by Squibb. The motion carries 6 -0.
OLD/NEW BUSINESS
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
Bob Griffin representing the applicant notes he is here to answer the Commission questions
relative to the enforcement order and outstanding fines that need a final vote by the Commission.
Bertoni stated that the fines are the mechanism to enforce the regulations. Discussion ensues on
outstanding fines of $1,200 for 6 days at $200 /day.
Bertoni moves to require payment of the fines in full. Donnelly seconds the motion. The motion
fails 3 -3, with Bertoni, Donnelly and Buchsbaum in favor and Paluzzi, Squibb and Grandoni
opposed. Paluzzi moves to reduce the fines from $1,200 to $300. Seconded by Buchsbaum. The
motion carries 4 -2 with Bertoni and Donnelly opposed.
Cont: 50 (52) Dunham Road, DEP File #5 -1123 — enforcement order follow up restoration
plan — Cummings Properties, Anderson Clark, LLP
This agenda item has been continued until October 13, 2015 with a deadline of Tuesday, October
6, 2015 for submission of restoration plan.
Cont: Waring School Field Encroachment Resolution Proposed Resolution Action Plan —
approval of MOU & Article 97 disposition vote — Waring School c/o Atty. Tom Harrington
Maxner notes the draft action plan and MOU is still being reviewed by the City Solicitor and the
Mayor will be debriefed on the proposal and meeting will be held with the Mayor, Commission's
Chair, Vice Chair, Maxner and Ed Becker of ECGA before it goes to City Council.
Buchsbaum moves to continue to the October 13, 2015 meeting. Seconded by Paluzzi. The
motion carries 6 -0.
Conservation Commission
September 22, 2015 Meeting Minutes
Page 4 of 5
New: 131 McKay Street, DEP File #5 -1142 — request for Minor Modification to Order of
Conditions, change sewer pipe location — Windover McKay,
Chris Rokos of Meridian Associates, representing the applicant explains change in sewer pipe
connection location to the back of the building within the buffer zone to existing manhole. He
notes work is already slated to take place within this part of the buffer zone including pavement
removal, a rain garden install, infiltration system, as well as utilities running along river walk.
Maxner states she recommended the contractor cut down the bittersweet vines clinging to the
trees on wetland side of erosion controls and spread native conservation seed mix, which is
growing well now. Donnelly notes he visited the site and it looks to be in compliance and has no
problem with the Minor Modification.
Paluzzi moves to approve the Minor Modification as discussed. Seconded by Grandoni. The
motion carries 6 -0.
New: 90 & 92 Boyles Street, DEP File #'s 5 -972 & #5 -974 — request for extension to Orders
of Conditions — Carl Dumas
Attorney Thomas Alexander representing applicants Carl & Susan Dumas who are requesting
one year extension on two Orders of Conditions. Maxner notes the Orders expired on September
16, 2015 (Wednesday of last week) and Mr. Alexander submitted the request for extension on
that very day, therefor not 30 days prior to expiration as required under 310 CMR 10.05 (8) (a)
and the Beverly Wetland Ordinance. Mr. Alexander suggests that this could be "excusable
neglect" since he did not realize the timing for extension was so close and asked for one year
extension to account for the 10 -day appeal period where the Order does not come into effect until
that period has passed. He notes new NOIs would incur significant cost for his client.
Discussion ensues regarding the language of the regulations of the Act and Ordinance, the
economic recession that occurred after the Orders were issued and other factors prohibiting the
applicant from completing the projects in a timely manner. Mr. Dumas notes that he is the only
one doing all of the work on the current house that has been framed. Bertoni states her belief
that the Regulations are very clear and the Commission does not have discretion to extend
expired Orders. Alexander states he believes the Commission can extend the Orders considering
the circumstances as discussed.
After further discussion, Paluzzi moves to table this request and inquire with the City Solicitor as
to whether the Commission has discretion to grant the extension and in the meantime Maxner
prepare a list of deliverables and follow -ups that need to be addressed per the Special Conditions.
Seconded by Buchsbaum. The motion carries 6 -0.
Review of Minor Project Permits Issued by Agent
None were issued since the last meeting.
Expenditure Approvals
Conservation Commission
September 22, 2015 Meeting Minutes
Page 5 of 5
Maxner notes there are no expenditures for the Commission's approval this evening.
Other Business
Memorial Middle School Demoition — Mayor's request for Con Com site visit in advance of
October 13, 2015 meeting
Maxner explains the Memorial Middle School project is moving forward with design plans,
demolition and construction beginning this fall. The Mayor asked if the Commission would be
willing to do a site inspection prior to the October 13, 2015 meeting as the City will be
submitting a RDA for the demolition phase only, then submitting a Notice of Intent for the
construction in December. With the RDA the Commission could review the wetland flagging
prior to its October 13t' meeting to observe conditions during the growing season. The
Commission scheduled a site visit on Saturday, September 26t''at 8 a.m. Maxner will try to
arrange for the wetland scientist to attend the site walk.
Tree Removal /Trimming Request — John & Janice Tattersall, 9 Columbia Road
Maxner reads the letter from Mr. Tattersall into the record. She notes their property abuts the
Conservation Commission property off of Cabot Street and they have been concerned about the
trees on the property line potential causing damage or injury.
The Commission reviews aerial photo of property to see trees. Members agree to visit the site.
Maxner will contact the City's arborist to do a site inspection with her to help diagnose the trees.
Discussion ensues and members agree that an inquiry should be submitted with City Solicitor on
the matter.
Approval of Minutes — June 30, 2015
Squibb moves to approve June 30, 2015 minutes as amended. Seconded by Bertoni. The motion
carries 3 -0 -3 with Buchsbaum, Paluzzi and Grandoni abstaining. A majority of the Commission
present at the June 30' meeting voted to approve the minutes.
Adjournment
Donnelly moves to adjourn at 9:00 p.m. Seconded by Bertoni. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Tuesday, October 13, 2015 at Beverly City
Hall, 3 d Floor Council Chambers, 191 Cabot Street.