2001-07-31
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: July 31, 2000
BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Jay Donnelly,
Richard Benevento, Patricia Grimes and Jon Mazuy
BOARD MEMBERS ABSENT: Dr. Mayo Johnson
OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director
RECORDER: Jeannine Dion
Chairman Lang calls the meeting to order at 7:00 p.m.
Request for Determination of Applicability
376 Hale Street – Installation of water line – Endicott College
Dennis Monaco, Director of Operations for Endicott College appears before the Commission to
request a determination on what is a fire suppression line that is necessary for the existing library
and for a proposed library addition. The applicant came before the Commission in the spring with
schematic designs, plan, footprint and elevation of the proposed addition and asked the
Commission at that time for a Request for Determination for work outside the buffer zone. The
Commission granted a Negative Determination. Since then the applicant proceeded with
engineered plans and it was brought to the attention of the applicant by the engineer on the
project that in order to install a fire suppression system in the building, which is required by the
fire department, it is necessary for the college to put in an additional water line from the existing
water line into the existing library building. The engineer has drawn up a plan, which places the
line approximately 60 feet outside the resource area. The work would take approximately 2 days
and the affected area of excavation is about 160 square feet. Upon completion of the work, the
area will be backfilled, finish graded and reseeded.
Lang asks if the work will be done during dry weather. Monaco responds that the college would
like to do the work this fall.
Donnelly asks how much rock removal is anticipated. Monaco responds minimal rock removal
would be required, if any.
Benevento moves to issue a Negative Determination #3 with the conditions as shown on the plan
(siltation around the excavated area) and that the work be done during dry weather, seconded by
Paluzzi. All members in favor. Motion carries.
Conservation Commission Meeting Minutes
July 31, 2000
Page 2
Notice of Intent
Cont: Greenwood Avenue – culvert replacement & pipe installation – City of Beverly
The City Engineer, Frank Killilea appears on behalf of the applicant, the City of Beverly. He is
proposing a modification of a previously filed project in the interest of being able to control the
water on Greenwood Avenue. He states he appeared before the Commission and proposed an
additional 320 feet of 18-inch concrete pipe. The City is now proposing 130 feet of 18-inch pipe,
which will carry it down the steepest portion of the road. For the remaining 200 feet, he proposes
to construct two or three energy dissipaters, to dissipate the energy of the water. After the 130
feet of pipe, there would be a 6X6 rip rap pad to make sure there isn’t any further erosion at the
end of the pipe.
The City also proposes to install steel posts and 2 x 8 timber, which will be placed high enough to
plow the snow under it. The purpose would be an indicator of the edge of the road. The
headwall coming off the vernal pool will also be rebuilt.
Mazuy asks if excavation will be required to install the posts. Killilea responds they would be
drilled.
Grimes asks a clarifying question regarding the rail. Killilea responds that the proposed rail will
be steel posts in a 2 x 8 wooden plank, which would be intended for demarcation of the edge of
the road. The snow would be plowed underneath it.
Killilea asks how the height of the outlet for the vernal pool will be determined. Killilea responds
that he is open to any suggestions.
Donnelly recommends maintaining the existing elevation of the vernal pool. The other
Commission members concur.
Grimes asks if the pipe will solve erosion and sheet effect. Killilea responds that on the steep
portion the pipe will take care of the erosion.
Lang states that a lot if ideas were discussed tonight and he would like to see a revised drawing
and list of different pipes discussed so members know exactly what they are voting on. He would
like concrete information regarding the number and location of the energy dissipaters, location of
catch basins and where they will drain to, guardrails, etc. After the City has provided that
information, the Commission will discuss at the next meeting. The other Commission members
agree with Lang’s request.
Lang asks if there are questions or comments from members of the public.
Conservation Commission Meeting Minutes
July 31, 2000
Page 3
Jane Brusca, 11 Greenwood Avenue expresses concern regarding catch basins (how long they will
work) and narrowing the street more than it is now. Killilea responds that perhaps the word catch
basin is incorrect. He recommends drain inlets (a grate where the water can drop down and go
into a pipe).
Don Brusca, 11 Greenwood Avenue expresses concern regarding leaves clogging up the catch
basins. He states he cleans the catch basins out now and does not want to have to clean out more.
Jane Brusca expresses concern regarding the guardrail. She does not think the snow will go over
the guardrail because the street is not wide enough.
Killilea clarifies that a guardrail is not being a proposed. Instead, he is proposing a fence. The rail
would be up high enough so that the snow would be pushed underneath a rail. The purpose of
the fence is to show where the edge of the road is on that side of the street.
Jane Brusca recommends using snow poles instead of a fence. Killilea responds that snow poles
might be an acceptable alternative.
Don Brusca expresses concern about the vernal pool being affected. Two households live on the
street and he does not want to see “overkill.” He requests a hydrologist give an opinion before
the level of the vernal pool is affected.
Lang states if the water is getting through the headwall now, perhaps it is not necessary to change
the headwall.
Stella Mae Seamans states the proposed project seems to be overkill for just two houses and
proposes that the City consider work on Common Lane. She also expresses concern about
installing pipes between vernal pools.
Elizabeth Guinard 16 Greenwood Avenue asks if there are other alternatives that are less
obtrusive. Killilea responds that the pipe has been shortened from 320 feet to130 feet. For the
remainder of the 200 feet, energy dissipaters will be installed in the stream to reduce the velocity
of the stream.
Mazuy moves to continue the hearing to the September 11, 2001 meeting with the condition that
the plans are complete, seconded by Paluzzi. All members in favor. Motion carries.
Conservation Commission Meeting Minutes
July 31, 2000
Page 4
Cont.: 167 West Street – pool, greenhouse & driveway relocation – Drinkwater
Mike DeRosa appears on behalf of the applicant. He states at the first meeting there was a
question regarding the difference between proposed and existing impervious surfaces. The
existing impervious surface calculation is 3,170 square feet and the proposed is 8,860 square feet.
DeRosa states the other issue was a request to save as many trees as possible. He states the
applicant would like to maintain as many trees as she can to maintain the buffer to the railroad.
The trees on one side of the driveway, however, will have to come out because of the grading
associated with the septic system.
Lang asks if there are any questions from the public. There are none.
Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries.
9-23 Trask Street – home construction & associated grading – St. Pierre
Julie Parrino from Hancock Environmental appears on behalf of the applicant for proposed
construction of a dwelling. The Commission reviewed the site last year for approval of bordering
vegetated wetland delineation. She shows the wetland line that was approved. The applicant is
proposing a house structure, driveway and associated grading. There is limited upland area on the
lot. Silt fence, bale line and erosion controls are being proposed. She states it has come to her
attention that last year several members of the Commission had some concerns with flood plain
issues. It is mapped as a Zone B (500 year flood plain), no defined elevation. The presumption is
that the FEMA maps are correct.
Mazuy asks if Parrino has examined the site to see evidence of prior flooding. Parrino responds
that she has not examined the site.
Mazuy asks if a cellar is being proposed. Parrino responds that she does not think a cellar is being
proposed.
Benevento asks if any test pits have been done. Parrino responds that there have not been any
test pits.
Donnelly asks if any trees will be left standing. Parrino responds that there will be a lot of
removal of vegetation up to the tree line for construction purposes.
Benevento asks if the proposed dwelling is going to be a single-family dwelling. Rich Martel, 7
Hills Foundation responds that the proposed dwelling is a single-family group residence (home for
mentally retarded people). The proposed dwelling is an 8-bedroom ranch with a basement. He
states after the test pits are complete, the applicant will determine if there will be a full basement
or a crawl space.
Conservation Commission Meeting Minutes
July 31, 2000
Page 5
Lang asks what the distance is to the nearest wetland. Parrino responds 20 feet from flag WF3.
Pam Kampersal, 241 Dodge Street states the site is in the watershed for public drinking water
supply. Lang responds that the Commission knows there is shallow groundwater there and it has
agreed on the wetland flagging.
Benevento states that if the applicant put in a full basement, he would propose an Order be
written which would require some type of measures towards dewatering. If the applicant
proposes a slab, he would request the applicant notify the administrator of the change. Parrino
states she would submit a dewatering plan to the Commission for approval.
Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion
carries.
10 Curtis Point Road – home addition - Healey
Peter Ogren from Hayes Engineering appears on behalf of the applicant. He states the lot is one
that the commission has visited recently relative to some work along the coastal bank. The house
is situated on a knoll overlooking the harbor. There is a sunroom that is glass enclosed and there
is an existing deck that walks down a staircase onto the lawn. The applicant is proposing to
increase the building footprint, which includes a deck (reconfigured), enlarged sunroom with an
octagonal shape a little closer to the coastal bank. The house would still be at a minimum of 37
feet from the edge of the coastal bank on the S.E. corner of the structure.
Mazuy asks how much grading will take place. Thad Seimasko, Architect for the project provides
clarification regarding grading. He states four feet or to ledge will need to be excavated for frost
protection and he expects to hit ledge.
Mazuy asks if blasting would be required. Seimasko responds that drilling and pinning to the
ledge would be required.
Lang asks if there are any questions from the public. There are none.
Paluzzi moves to close the hearing, seconded by Grimes. All members in favor. Motion carries.
46 L.P. Henderson Road – metal building installation – Wyler
Greg Wyler appears before the Commission to request permission to build a metal building on a
slab foundation. He hired Vernon LeBlanc to edge off the wetlands. The proposed building is 58
feet from the nearest wetland. There is a runoff pipe, which will be moved. He will provide hay
bales and reseed any area up to the sides of the hangar.
Donnelly asks if any maintenance work will be done in the building. Wyler responds “no.”
Conservation Commission Meeting Minutes
July 31, 2000
Page 6
Lang asks if there will be any floor drains. Wyler responds that he is not planning to have any
floor drains.
Donnelly asks if there is a fuel leakage, where the fuel would go. Wyler responds that it would
flow onto the cement slab.
Lang asks if the applicant would consider pitching the slab to one side and putting in a 2 to 3 inch
depression at the end of the slab.
Donnelly recommends a condition that the foundation slab would be built to hold any fuel that
would leak from the plane proposed to be stored.
Pam Kampersal, 241 Dodge Street expresses concern about the affect the buildings at the airport
have on the water supply. She states any development should be put on hold until it is proven
that there will be no damage to the water supply and she recommends testing the water.
Benevento states this filing is a passive use.
Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries.
107 Brimbal Avenue – raise grade & creation of walkway – Cycles 128
Bruce Poole appears on behalf of the applicant. He states he started working with Cycles 128 a
couple of years ago to do the 21E site investigation, evaluation of subsurface conditions and soils
in the area. At that time, he did 7 different test pits across the entire site, including the back lot,
which contains the wetlands and the forested area. In the soil log he found that there is a very
unique formation. It is the only area that was not filled in the 30’s and 40’s. The applicant was
putting on a ramp and obstacle course last fall. In the end, there was some fill material that was
pushed over into the buffer zones. When it was recognized that the fill area had gone over the
fence line and into the buffer zone, the applicant surrounded an area with hay bales and dressed it
with hay and bark mulch to stabilize the area.
The applicant is proposing to take the excessive slope and cut it down to 12 to 15%, dress and
bark mulch it and take the fill that needs to be removed and make a walkway at the bottom of the
boulder rip rap, which is there now. The walkway will serve to give access to the wetlands area
and the pine tree area in the back. The applicant is also proposing to clean out the wetlands,
install a catch basin and remove 8 – 10 trees (no pines).
Fred White, abutter asks how the proposed project would affect Otis Road. Poole responds that
it will not affect Otis Road.
Benevento moves to continue the hearing to September 11, 2001 pending a site walk on
Thursday, September 6, 2001 at 6:00 p.m., seconded by Paluzzi. All members in favor. Motion
carries.
Conservation Commission Meeting Minutes
July 31, 2000
Page 7
39 Tozer Road – building expansion, parking & grading – John Drislane
Attorney Thomas Alexander appears on behalf of the applicant, 1943 LLC. He introduces Chuck
Thibeault, a principal of 1943 LLC. The owner of the property is seeking to build an expansion
of the existing Appleseed’s warehouse facility. He introduces Chairman and C.E.O., John
Drislane and Jack Kelliher, Kelliher Construction.
Johnny Appleseed’s has a long history with the City of Beverly. The applicant is looking to
consolidate its warehousing facility at one location in Beverly. The proposed addition is 88,400
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square feet. The project was reviewed and endorsed by the Design Review Board on July 19
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and the Parking and Traffic Commission on July 24.
Peter Ogren from Hayes Engineering provides an overview of the project. He states the addition
was planned approximately 15 to 18 years ago. The advanced site work had already been
complete. The applicant is proposing to expand 140,000 square feet. The area has been
reflagged. There is a stream, which comes across Tozer Road and discharges S.E. from the
project. The stream does not have bordering vegetated wetlands associated with it. It has a
manmade channel, which was designed to divert the flow around the proposed structure years
ago. The project involves buffer zone activity. Two retention/detention ponds are being
proposed.
The applicant provided a summary of runoff and pre/post flows. There is a slight reduction on
peak flow.
Lang asks about a piping system around the building. Ogren states he is not the 21E consultant.
Lang states he reviewed the Varian Report and it appears that there are drainage pipes that were
put in along the building. Lang asks if anyone is aware of what he is talking about. Ogren
responds that he does not recall any under drains. He states there are some 21E problems that
result directly from discharge problems at Varian.
Lang states Hill Street has very deep contamination. He states he believes there is
Trichlorethylene in two pipes that are discharging to the stream that ultimately goes by the Pooler
property. . If you are going to take pipes that contain TCE and put them into the storm water
system, it will be an issue
Benevento asks the 21E expert if the Varian report was reviewed. The 21E expert responds that
he did review the report. He states he was not looking for pipes as much the environmental
impacts.
Lang expresses concern about putting contaminated storm water into the storm water retention
system.
Conservation Commission Meeting Minutes
July 31, 2000
Page 8
The 21E expert will look further into this issue.
Donnelly states the Commission wants to make sure that the proposed work does not expose any
contaminants and one way to determine that is to match the applicant’s design with the
information that has already been gathered by Varian’s consultants.
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Alexander states the applicant will be appearing before the Planning Board on September 18.
Benevento asks if drainage calculations have been reviewed by the City Engineer. Alexander
responds that the Engineering Department will review the drainage calculations.
Lang recommends a site visit.
Benevento requests flagging a few points along Roofs 1 and 2.
The applicant agrees to continue the hearing to September 11, 2001.
Mazuy moves to continue the hearing to September 11, 2001 pending a site visit on September 6,
2001 at 5:00 p.m.
Order of Conditions
167 West Street – pool, greenhouse & driveway relocation
Paluzzi moves to issue the standard conditions.
Seconded by Donnelly. All members in favor. Motion carries.
9-23 Trask Street – home construction & associated grading – St. Pierre
Benevento moves to issue the following conditions.
1. Standard conditions,
2. If dewatering groundwater from the excavation is necessary, the applicant must present a plan
to the Commission prior to commencement of work. The dewatering plan shall be submitted
to the Conservation Commission’s Administrative Assistant. If the Administrative Assistant is
absent, the dewatering plan may be submitted to the City Engineer.
Seconded by Benevento. Mazuy opposed. Motion carries.
10 Curtis Point Road – home addition - Healey
Paluzzi moves to issue the standard conditions.
Conservation Commission Meeting Minutes
July 31, 2000
Page 9
Seconded by Grimes. All members in favor. Motion carries.
46 L.P. Henderson Road – metal building installation - Wyler
Mazuy moves to issue the following conditions.
1. Standard conditions,
2. A (LSP) Licensed Site Professional must be present during the excavation of the foundation.
3. The applicant must provide a sump on the floor slab, which has the capacity to hold at least
100 gallons.
4. No floor drains.
5. Slab shall pitch out away from the doors and toward the sump.
Seconded by Benevento. All members in favor. Motion carries.
Modification
DEP File #5-733 – Walkway – Cummings Center
Gerry McSweeney from Cummings Properties appears before the Commission to request a
modification to the walkway. The Commission approved the walkway at a 6-foot width. The
state DEP and some citizens requested that the walkway be modified to a 10-foot width. In order
to seek an amendment with the state, the applicant would have to file for an amendment to the
Chapter 91 license, which would take an additional year. The applicant requests that the
Commission approve a modification of the width of the walkway from 6-feet to 10-feet.
Mazuy moves to modify the Commission’s approval of a 6-foot walkway at the Cummings Center
to a 10-foot walkway, seconded by Benevento. Paluzzi is opposed. Motion carries.
17 Boyles Street
Julie Parrino from Hancock Environmental Consultants appears on behalf of the applicant to
request a minor modification to include a small 4 x 8 bump out on the side of their existing
driveway. The applicant would like to use it for trash and wood storage. The applicant would
also like to replace the existing porch with a covered wood entry porch. All work will be done
within limits of existing disturbed areas and no work will be in the buffer zones.
Benevento moves to approve the modification, seconded by Mazuy. All members are in favor.
Motion carries.
Old/New Business
Hannah School – Installation of Play System
Conservation Commission Meeting Minutes
July 31, 2000
Page 10
Karen Paratore of the Hannah School P.T.O. appeared before the Commission to request
permission to install a play system at the Hannah Elementary School. The play system will be
located behind the south corner of the Hannah School and within the 100-foot buffer zone. The
play system would be comprised of steel, aluminum and plastic and would be installed under the
direction of Ron Bouchard from the School Department. Some fill would be necessary to reduce
slope.
Benevento states in other projects, the Commission has requested applicants to move away from
the resource area. He asks what would prohibit the children from running through the resource
area. Ms. Paratore responds that nothing would prohibit children from entering the resource area.
Lang agrees that he would like it moved further away from the wetlands.
Benevento states that work right on top of the resource area would require a R.D.A. (Request for
Determination of Applicability).
The members recommend discussing alternate locations with Joan Fairbank, Recreation Director
and filing an Abbreviated Notice of Intent.
Lang offers his assistance in selecting an alternate location.
Waring School – Beetle Project
Steve Locke from the Massachusetts Wetlands Restoration Program and Ms. Goodman from the
Waring School appear before the Commission to request permission to release purple loosestrife-
eating beetles in a wetland behind the Waring School. The program in association with the
Association of Massachusetts Wetland Scientists is putting together a pilot project to do a Purple
Loosestrife file control program in about 6 communities in Massachusetts to control the spread of
Purple Loosestrife in the wetlands. He has received permission from the state. He has also
received permission from the Natural Heritage Endangered Species Program. Locke states he is
going to communities to request permission to release the beetles. Permits are not required.
Mazuy asks what type of beetles control the purple loosestrife. Locke responds that they are
called “gallo vacella beetles” and they come from Europe and Asia. The beetles control purple
loosestrife in those areas. When people were looking to control purple loosestrife, they went to
where purple loosestrife originated and found these beetles only feed and breed on purple
loosestrife.
Mazuy asks where the beetles go when the purple loosestrife is gone. Locke responds that they
are regulated by the presence of the plant. The population is controlled according to plant
densities. The beetles’ effectiveness in controlling purple loosestrife is approximately 90%.
Benevento asks how mobile they are. Locke responds that they fly short distances and are very
benign.
Conservation Commission Meeting Minutes
July 31, 2000
Page 11
The beetles have been released at the Great Meadows Natural Wildlife Refuge, Parker River
Natural Wildlife Refuge and in Walpole. The success is hard to measure because it takes about 3
years for the beetles to breed and eat the plants.
Benevento asks if there is any way to get rid of the beetles. Locke responds that they are
somewhat susceptible to pesticides, however, he does not anticipate ever having to do that. The
beetles are also very susceptible to flooding.
Lang asks if the beetles have been endorsed by the U.S. Fish and Wildlife. Locke responds that
the U.S. Fish and Wildlife Service runs Parker River Natural Wildlife Refuge and they have been
releasing them there. The USDA approves the beetles for release and they are importing beetles
into Massachusetts under that permit. Beetles have been released in 27 states and all of Canada.
Benevento asks if it is possible to get an endorsement from other places where beetles have been
released.
Lang states he is in favor of trying the release of the beetles because loosestrife is destroying a lot
of wetland habitat and a lot of the fisheries. He would like to give some type of approval
contingent upon receiving some type of positive read from DEP, U.S. Fish and Wildlife and the
USDA. Locke responds that the USDA and DEP have supported the release of the beetles.
Locke states he would like to work with the Waring School to establish some sort of curriculum
so that the children could release the beetles and monitor the changes in the purple lustrate
population over time. Locke states that he is also working with a school in Lexington. He has
received approval from Acton and Woburn to release the beetles.
A member of the public cautions the Commission about jumping into something without doing a
lot of research first. Ms. Goodman from the Waring School responds that she and her students
have been studying this for five years. The researchers at Cornell University have selected these
beetles because they are very specific to loosestrife. She believes this is a very conservative
approach.
Lang states the damage to the wetlands in Massachusetts over the past 20 years is pretty
dramatic. Goodman agrees and states she has been measuring the loosestrife for the last five
years and it has significantly increased in the last five years and it is encroaching the pond.
Benevento agrees that loosestrife is a problem but thinks perhaps it is a good idea to err on the
side of caution. Goodman responds that when the loosestrife declines, the beetle population
declines.
Mazuy moves to approve the dissemination of the beetles for use and testing at the Waring
School, seconded by Paluzzi. Donnelly opposed. Motion carries.
Conservation Commission Meeting Minutes
July 31, 2000
Page 12
Benevento moves to amend the aforementioned motion adding the following: the approval is
contingent upon information received by the Chairman of the Commission from U.S. Fish and
Wildlife and review of the documentation, seconded by Paluzzi. Donnelly opposed.
Approval of Minutes
Mazuy moves to approve the minutes of July 10, 2001, seconded by Paluzzi. Benevento abstains.
Motion carries.
Other
Pam Kampersal provides a copy of a letter from DEP. It is a notice to perform comprehensive
assessment of the leachate discharge at the landfill. The DEP is asking the city to do an initial site
assessment, a comprehensive site assessment of the continuing leachate and a 30-day request to
remove and dispose of solid waste.
Kampersal informs the Commission that tar has been dumped at the filtration plant, next to
Wenham Lake on Arlington Avenue. The Commission will look into this further.
Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries.
The meeting adjourns at 10:25 p.m.