2015-10-13CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
October 13, 2015
Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay
Donnelly, Tony Paluzzi, Bill Squibb
Richard Grandoni
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: 1 -3 Cailin Road, DEP File #5 -1091 — construct 2 megawatt AC solar farm and
associated appurtenances — Stanley Bialek
Bill Manuell, Wetlands and Land Management, representing the applicant reviews the project
governed by an Order, issued in November of 2012, for the construction of a 2 megawatt AC
solar farm and associated appurtenances within the 100 -foot buffer zone to bordering vegetated
wetland. He notes that the ground is stabilized, and stormwater features are stabilized relative to
protecting the water quality of Wenham Lake. The minor deviations from the approved plan
include security fence is tighter further away from the wetland since fewer solar panels were
installed. For the stormwater management there are several sedimentation areas (treatment swale
and sedimentation basins). The canopy of indigenous species has filled in after invasive species
were removed. The facility operator will continue to upkeep of the invasive species management.
Grey birch, red maple, honey suckle is found in the area. The vernal pool has a few wood frog
egg masses so submission was not done to state program for certification. Clean water will be
used to clean off the solar panels. The grass will be mowed.
Maxner notes that she has conducted a final site inspection with Manuell and found the site to be
in overall compliance and stable, and saw no outstanding issues.
Discussion ensued about ongoing conditions associated with Certificate of Compliance. The
Conservation Agent will be called when cutting and pruning of vegetation is proposed and
conducted in winter months when ground is frozen. Commission members agree to visit the site
since it was such a positive project, a site inspection was scheduled for 8 a.m. on Saturday,
October 31.
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Donnelly moves to issue the Certificate of Compliance. Seconded by Bertoni. The motion carries
5 -0.
Requests for Determination of Applicability
New: 502 Cabot Street, Memorial Middle School Building — demolish existing school
building — City of Beverly c/o Michael Collins
Maxner reads legal notice. Lauren Hastings, PARE Corporation, representing the applicant,
explains that as part of the proposed new middle school, the City will be demolishing the
existing Memorial school building beginning in January, with construction planned to begin in
April after permits are received for building to be installed on pilings. She explains the nature
and location of wetland resources on site, which are Isolated Vegetated Wetlands.
She explains that erosion control will be installed around site and at the limit of the 25' NDZ, and
demolition work in the buffer zone will include building demolition as well as removal of
utilities lines and paved areas. She notes there will be two crushed stone construction entrances
and the stockpile area is away from demolition area and will be used once construction starts.
There will be filling of wetland and a compensatory 2:1 ratio mitigation area for the actual
construction of the school and will come separately under an NOI in December or January.
Discussion addresses how engineering team was unaware of underground stream system the
flows under the school. All elements of work will be outlined in NOI (i.e., relative to stream
system, and location of dewatering basin outside of buffer zone). Two empty oil tanks were
abandoned in place and will be removed.
There being no further questions or comments from the Commission, Paluzzi moves to issue a
Negative #3 Determination with the following conditions:
1. Prior to construction, proper sedimentation and erosion control barriers shall be installed
pursuant to the approved plan. Haybales /silt sock shall be staked and secure.
2. Prior to construction, orange construction fencing shall be installed coincident with the
erosion controls and shall bear signage stating "Limit of Work ".
3. Prior to construction, the Conservation Commission or its Agent shall inspect erosion
controls and orange construction fencing.
4. Dewatering from any excavation on site shall not be conducted within the 100 -foot buffer
zone.
Seconded by Donnelly. The motion carries 5 -0.
New: 133 Common Lane — install native trees along driveway, target spray invasive
Japanese Knotweed — Steven & Joanna Catalucci
Maxner reads legal notice. Steven Catalucci the applicant addresses the Commission and
explains his to intent to target spray herbicide on Japanese Knotweed and install approximately
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15 native trees along driveway. He explains, with a Minor Project Permit issued by the
Commission, a first pass of herbicide spraying was done in September and it seemed to have had
effect. He notes he has been coordinating with Corliss Brothers about the tree species proposed
which include: arborvitae (green giant), fir, Norway spruce, and Eastern red cedar, Corliss noted
to him that these are not invasive but are considered ornamental (10' to 12'). Discussion ensued
about whether or not erosion control would be used, that excess excavated material will be taken
off site, and that invasive species is not a concern. Catalucci clarifies that the spraying may or
may not be necessary but he wanted the ability to apply it again if need be.
Buchsbaum moves to issue a Negative #3 Determination with special condition that soils
excavated for tree installation shall be placed directly into a dump truck and hauled off site.
Stockpiling soils is prohibited within the buffer zone. Seconded by Paluzzi. The motion carries
5 -0.
New: 50 Dunham Road — install native trees along access drive — Anderson Clark, LLP,
Cummings Properties
Maxner reads the legal notice. Michael Aveni representing the applicant describes the project
invovling planting approximately 39, 2" caliper native maple trees within the 100 -foot buffer
zone, minimally in the 25 -foot no disturb zone, and 100 -foot no disturb zone as shown on the
plan. Excavated material will be removed by truck. The lawn will remain and there will be
mulched area around the base of the trees. Bertoni asks that the certified vernal pool and
intermittent stream be called out on the plan as a condition of approval. Maxner notes that the
Commission has customarily finds that planting native species within the NDZ's qualifies as a
minor enhancement activity which will not result in any negative impact as long as planting is
carried out per any conditions. Members agree.
Paluzzi moves to issue a Negative #3 Determination with the following conditions:
1. The proposed plan shall be revised to call out the State assigned # of the Certified Vernal Pool
and the 25 -foot no disturb zone associated with the intermitent stream.
2. Only manual digging shall be undertaken within the 25 -foot no disturb zone.
3. Excavated soil shall not be stockpiled in buffer zones.
Seconded by Squibb. The motion carries 5 -0.
Recess for Public Hearings
Donnelly moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0.
Abbreviated Notices of Resource Area Delineation
New: 480 Rantoul Street — review and affirm extent and character of wetlands on site —
Windover Development c/o Chris Koeplin
Maxner reads legal notice. Charlie Wear, Meridian Associates, representing the applicant
explains the applicant is seeking confirmation as to the delineation of a 1,800 square foot isolated
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vegetated wetland on the site. He notes that an RDA from 2007 was issued by the Commission
confirming the IVW delineation. He explains that as part of a previous Order of Conditions some
replication work was done adjacent to the wetland, which will expire in November 2015. Wear
explains site characteristics noting that the stream that once flowed through the property is piped
in a culvert. Discussion ensues about possibility of detention basin for stormwater management
at the site and flexibility in site design. Members agree that a site walk is necessary and
scheduled one for 9:30 a.m. on Saturday, October 31, 2015.
Bertoni asks if there are any questions from the public. Rick Marciano, 151 McKay Street,
concurred on the possibility of using the wetland as a detention pond for the site.
There being no further questions or comments from the Commission, Buchsbaum moves to
continue the hearing until November 10, 2015 pending the site inspection. Seconded by Paluzzi.
The motion carries 5 -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
Maxner notes the Commission received a request for continuance. Paluzzi moves to continue the
hearing until November 10, 2015. Seconded by Squibb. The motion carries 5 -0.
Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott
College c/o Dennis Monaco
Maxner notes the Commission received a request for continuance. Paluzzi moves to continue the
hearing until November 10, 2015. Seconded by Buchsbaum. The motion carries 5 -0.
Donnelly moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 5 -0.
Old/New Business
Cont: 50 (52) Dunham Road, DEP File #5 -1123 — enforcement order follow up restoration
plan — Cummings Properties, Anderson Clark, LLP
Michael Aveni, Steve Ericksen and Steve Drohosky are present representing the owner. Aveni
addresses clearing done in buffer zone and the Commission's Enforcement Order. He provides
an overview of the proposed planting plan. Member review the plan and Ericksen responds to
Commission questions.
Buchsbaum moves to approve the restoration plan as presented subject to the following
conditions:
• If weather allows, the plantings shall be installed by the end of October this year (2015),
if not the planting plan shall be fully executed no later than Maly 31, 2016;
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Any proposed trees shall exhibit 100% survivorship no less than 2 growing seasons post
installation;
Plantings (any shrubs or herbaceous material) shall exhibit 75% survivorship no less than
2 growing seasons post installation;
No Disturb Zone markers shall be installed.
Seconded by Paluzzi. The motion carries 5 -0.
New: 46 L.P. Henderson Road, DEP File #5 -1144 — request for Minor Modification to
Order of Conditions, construct airplane hangar —Alan Battistelli
Alan Battistelli explains the modification to the plan which involves shifting the location of
proposed airplane hangar by 6 feet to the south, install a concrete block retaining wall around
three sides of the perimeter of the building, install crushed stone between the building and
retaining wall. Members review the revised plans, with Bertoni noting that the crushed stone
perimeter will facilitate infiltration of roof runoff.
Paluzzi moves to approve the change as a Minor Modification. Seconded by Squibb. The motion
carries 5 -0.
New: Planning Board Request for Comments —181 Elliott Street (aka 33 Balch Street,
north end of Cummings Center) Site Plan Application — Beverly Commerce Park, LLP
Steve Drohosky representing applicant describes proposed 4- story, 40 -unit subsidized elderly
housing building at the northeast section of the Cummings' Elliott Street campus which is before
Planning Board and Zoning Board of Appeals. The proposal does not fall within the
Commission's jurisdiction but an impervious surface will be landscaped. There will be access to
the Shoe Pond walkway. The Commission reviews the plans, with Bertoni noting that the new
roof will become clean stormwater runoff and the landscaping will increase impervious surface.
She suggests that these points be raised with the Planning Board, members agree to send a
comment letter to that affect.
Cont: Waring School Field Encroachment — Resolution Proposed Action Plan — Waring
School c/o Atty. Tom Harrington
Maxner explains that the resolution language is being reviewed by the City Solicitor. She notes
that a question from Greenbelt as to whether the Commission would be willing to hold the CR on
the parcel to be transferred to Waring. Member discuss the possibility of holding the CR and
agree that the Commission would be willing to steward the restriction. Maxner will let the
parties know.
Cont: 90 & 92 Boyles Street, DEP File #'s 5 -972 & #5 -974 — request for extension to Orders
of Conditions — Carl Dumas
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Maxner reads the response from Assistant City Solicitor Kevin Corridan into the record
regarding the Commission's authority to extend expired Order of Conditions. Local and state
regulations require a request for an extension to be filed 30 days prior to the Orders expiration
date. The Commission does not have authority to grant an extension in this case since the request
for extension was received on the expiration date. She reports that Mr. Dumas will file new
Notices of Intent by October 27, 2015 and she recommends the Commission not implement an
Enforcement Order since Mr. Dumas has no need to perform any site work at this time. The
Commission concurs that it could wait until Mr. Dumas files a new NOI application for the
November I 01 meeting and if he does not an Enforcement Order could be issued at that time.
Maxner will review the record and conditions and provide a memorandum to the applicant
detailing follow actions needed.
Cont: 9 Columbia Road — tree management reauest — Jon & Janice Tattersall
Maxner explains that the City Solicitor has provided an opinion that the City's arborist is
responsible for any tree on City -owned land, and his written opinion was included in the
Commission's packets. She reports about her on -site visit with the Mr. Tattersall and the City
arborist, at which the arborist found the trees were generally in good shape. She notes that the
arborist explained that the trees in question are straddling the property line so any trimming or
removal would be a 50/50 split on costs between the City and homeowner. Mr. Tattersall wrote a
letter to Maxner and clarified that previous tree work was done and paid for in collaboration with
City arborist, which she read into the record.
Review of Minor Project Permits Issued by Agent
None were issued since the last meeting.
Expenditure Approvals
Paluzzi moves that $75.00 be paid 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 Buchsbaum. The motion
carries 5 -0.
Paluzzi moves to reimburse Bertoni for her $95 registration at fall MACC. Seconded by
Buchsbaum. The motion carries 5 -0.
14 Cliff Street - Proposed Deck
Maxner explains the homeowner wants to install a deck at property on Bass River on Sonotubes
over an existing concrete patio. She notes that the new deck would be about 10 to 12 feet from
the top of bank which is a concrete retaining wall, and all work will be done by hand. She asks
what permit the Commission would prefer to see for this project. The Commission concurs that
this should come under an RDA.
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Approval of Minutes — September 1, 2015 and February 3, 2015
Members provide Maxner with amendments. Paluzzi moves to accept the September 1, 2015
minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0.
Members provide Maxner with amendments. Buchsbaum moves to accept the February 3, 2015
minutes as amended. Seconded by Paluzzi. The motion carries 4 -0 -1 with Donnelly abstaining.
Adjournment
Buchsbaum moves to adjourn at 9:45 p.m. Seconded by Bertoni. The motion carries 5 -0. The
next regular meeting of the Conservation Commission is Tuesday, November 10, 2015 at
Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.