10-26-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
October 26, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Richard Grandoni, Jenna Pirrotta, Tony Paluzzi, Amy
Garniss
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 Chamber,
191 Cabot Street, Beverly, MA.
CERTIFICATES OF COMPLIANCE
Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco
Charlie Wear, Meridian Associates, representing the applicant describes Order for Science and
Business Center and stormceptor unit as well as rain gardens that capture runoff from building
which are landscape and water quality features. He mentions how the catch basins and
stormceptors as well as rain gardens have been maintained annually. An inspection of infiltration
basin has not been done which should be done moving forward. Discussion ensues about special
condition on annual reporting to the Commission on O & M maintenance of stormwater
management systems. Invoices were supplied from June 2015 and September 2016 relative to
maintenance.
Paluzzi moves to issue a Certificate of Compliance with on -going condition requiring yearly
O &M reporting and standard perpetual conditions. Seconded by Buchsbaum. The motion carries
6 -0.
Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott
College c/o Dennis Monaco
Charlie Wear representing the applicant describes how construction of the Callahan Center rehab
was completed in fall 2014. The College has maintained rain garden, and stormceptor has been
pumped. A subsurface infiltration system needs to be inspected. He notes two possible issues:
there are closed metal containers sitting on crushed stone that are used for storage for cafeteria
supplies. Also 5 to 6 cars of staff are parked in the six foot wide crushed stone area adjacent to
the IVW which was not called out in the approved plan.
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The Order expired in 2012. Discussion ensues as to this incursion into the 25' NDZ and how it
should be addressed. Wear offers to confer with Monaco and bring suggested resolutions to the
Commission.
Paluzzi moves to continue this item until the November 16, 2016 meeting. Seconded by Bertoni.
The motion carries 6 -0.
New: 46 L.P. Henderson, DEP #5 -1144 - Alan Battistelli
Maxner notes, the Order, issued in February 2015, governed the construction of a 75'x 65'
airplane hangar, associated paved apron, utilities, grading, retaining wall and grass swale within
100 -foot buffer zone to bordering vegetated wetland, outside Beverly's local 25 -foot no disturb
zone. She explains the Order underwent two Minor Modifications: 1. shifting 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 2.
retaining wall, and addition of construction a 14'x 26' turnout area at the southeast corner of the
hangar for maintenance.
Jack Knock representing the applicant is present. Maxner notes she conducted a site inspection
and observed the addition of a stone swale area with a perforated pipe that was installed along
easterly edge of paved access drive and apron but is not in the NDZ. Knock explains this field
change was done to help stop erosion from water shedding from upper paved runway and taxing
corridors. Its intent was to deal with silt from top soil erosion which would eventually reach the
wetland. Maxner observed no erosion where grass has grown back in and stable conditions at the
perforated pipe discharge point. She states this makes sense in the field and a revised as -built
plan has been provided reflecting this change.
Paluzzi moves to issue a Certificate of Compliance with the following on -going conditions as
well as standard perpetual conditions:
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.
Seconded by Buchsbaum. The motion carries 6 -0.
Minor Modification to Order of Conditions — DEP #5 -1137 — Mass. DOT
Stephanie Snow and Scott Fisher representing the applicant are present. Snow explains the
request for a minor modification to the existing Order of Conditions for a planting plan to
provide screening for residents adjacent to the highway. Invasive plants in the area include
bittersweet which is strangling existing growth and there are vigorous stands of knotweed which
residents thought was an effective screen. Proposal is to get rid of the bittersweet and knotweed
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in the areas of planting to allow the newly installed trees to gain a footing for survival and shade
out the invasive species. Some of the work is partially in the 200 -foot riverfront area to the Bass
River. Evergreen trees will be planted and knotweed managed. Bittersweet removal is proposed
to be done in the fall and plantings in the spring. The knotweed would be trimmed in the summer
followed by further treatments in the fall.
Snow goes on to note that the intent is to cut down bittersweet endangering trees at the stump
and apply herbicide and spraying knotweed at the dripline of planted trees. The knotweed would
be cut in May when it is 4 feet high and again in August for the next three years to 2019. Maxner
notes that an extension for the Order would be needed for this.
Buchsbaum moves to issue the Minor Modification approving the proposal. Seconded by
Paluzzi. The motion carries 6 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 6 -0.
Notices of Intent /Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
Cont: 675E Hale Street — Christopher & Hillary Gabrieli
John Dick and Laura Gibson representing the applicant. Dick provides a recap of the project,
noting the Essex County Greenbelt holds a Conservation Restriction on the property and is fine
with this proposal. He notes other permits required including Chapter 91, 401 Water Quality and
Army Corps of Engineers certification. He provides a review of the protocol for handling
transplanting of the Widgeon grass.
Buchsbaum notes that his research shows that Ruppia maritima (aka Widgeon grass) is a
valuable habitat that is declining and the protocol proposed does not seem to be well documented
or tested.
Pirrotta asks what contingency plan is in place monitoring the survival of the grass and what will
be done if it dies. Dick responds that they wish to complete transplanting by mid -April so that
the grass will be handled when the root stocks and rhizomes are inactive.
Bertoni reviews the resource areas impacted and notes the monitoring plan needs to evaluate
density and function of the grass before and after construction. She asks if Dick has a sense for
rate of siltation of the pond. Dick notes that the last time it was dredged was about 1991 and so
about 25 years to build 2 to 3.5 feet of silt, noting that this pond has a low flow gradient at the
end of the watershed before it discharges to the ocean.
Bertoni asks if there are any questions from the audience. There are none.
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There being no further questions, Paluzzi moves to close the hearing. Seconded by Bertoni. The
motion carries 4 -1 -1 with Buchsbaum opposed and Garniss abstaining.
Cont: 17 Riverview Street — Elizabeth Jones
Bill Manuell and Libby Jones are present. Manuell describes plan revisions that depicts replacing
proposed floats with a 58 foot wooden pier and 24 foot gangway out to 10 foot by 20 foot float.
The float will ground out at low tide so proposal is for large boulders underneath where the float
legs would rest. Discussion ensued as to how skids would sink into mud and create possible
turbidity. Manuell notes with the pier there is a longer run so the stairs will be relocated, and the
original set of stairs will be removed. Concrete sinkers will be used to secure the float at its
terminal end. The wooden piles will be driven from a barge sitting for the length of the project.
In response to Pirrotta, Manuell explains that at low tide the applicant's aluminum boat will be
winched up onto the float.
Bertoni asks if there are any questions from the audience. There are none.
There being no further questions, Buchsbaum moves to close the hearing. Seconded by Paluzzi.
The motion carries 5 -0 -1 with Garniss abstaining.
Cont: 50 Dunham Road — Vitality Senior Living, LLC c/o Chris Gugy
Maxner reports the Commission received a request for a continuance. Grandoni moves to
continue the hearing to the November 16, 2016 meeting. Seconded by Pirrotta. The motion
carries 6 -0.
Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni
Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue
the hearing to the November 16, 2016 meeting. Seconded by Bertoni. The motion carries 6 -0.
Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni
Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue
the hearing to the November 16, 2016 meeting. Seconded by Bertoni. The motion carries 6 -0.
New: 254 Essex Street — YMCA of the North Shore, Inc., c/o Chris Lovasco
Maxner reads the legal notice. Charlie Wear, Meridian Associates and Judith Cronin of the
YMCA are present. Wear describes project proposal to construct an education building,
associated walkways, play area and utility connections within the 100 -foot buffer zone to an
isolated vegetated wetland (IVW) and located across from the teen center. The project was filed
under the local Ordinance.
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Wear explains that Windover has been hired as the contractor and has made value engineering
suggestions that revise the building design/location, which may require plan revisions to be
submitted.
Discussion ensues as to stormwater treatment proposal and current systems on site including a
constructed pocket wetland.
Bertoni asks if there are any questions from the audience. Randy Warren, 278 Essex Street,
notes his concern over the 2% increase of impervious surface. Wear notes that the changed plan
will result in need for additional parking below on the site.
Paluzzi moves to continue the hearing to the November 16, 2016 meeting in anticipation of plan
revisions to be submitted. Seconded by Bertoni. The motion carries 6 -0.
New: 476 Essex Street, DEP File #5 -1204 — Glenn Gourdeau
Maxner reads the legal notice. Bob Griffin representing the applicant describes the project to
remove the existing above ground pool and wooden deck attached to the existing residence and
replace it with two -story building in -law addition, new patio and install an in- ground pool. He
describes the wetland resources on site including BVW, 100 -foot buffer zone and a small portion
of 200 -foot Riverfront at the southwest corner of the lot, that were flagged by Bill Manuell.
He notes that the project is outside the Riverfront but is within the 25' NDZ as the site is
constrained due to wetland and zoning issues, but all of the proposed work is in the area where
there is currently lawn and a 750 sf mitigation planting bed is proposed on the southern end of
existing lawn with shrubs and pin oak tree. 180 ft. of arborvitaes are planned for along Essex
Street.
Discussion addresses location of a proposed walkway which will be added to access the living
area. Twelve to 18 inches of fill is proposed for around the pool. There would be a patio area on
one side of pool and grass around the rest of the pool. Pool equipment is proposed to be located
next to the building addition. Any backwash associated with the pool equipment will be directed
to the dry well. Bertoni asks if any of the mowed grassy area is wetland. Griffin notes that
Manuell did take soil samples to determine wetland line.
Bertoni asks if there are any questions from the audience. There are none.
A site visit is scheduled for Saturday, November 5 at 8:00. Buchsbaum moves to continue the
meeting to the November 16 I meeting. Seconded by Paluzzi. The motion carries 6 -0.
New: 100 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Michael Panzero
Maxner reads the legal notice. Bob Griffin and Michael Panzero are present. Griffin describes
the 4.2 acre parcel with most of the property consisting of wetlands (3 acres) fed by drainage
easement and storm drain on Hull Street. The property was approved as a 3 -lot ANR with the
Planning Board. Two (1, 2) of three lots are within the Commission's jurisdiction and the
wetlands were flagged in June by a biologist. He describes each lot and proposed house
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development on each both lots, associated grading, drainage management and other
appurtenances all of which are outside the 25' NDZ.
Bertoni asks for review of the proposed grading and import of fill, with Griffin providing details.
Buchsbaum asks for a review on the drainage patterns and tree removal and resulting runoff.
Griffin provides a review of the site in that regard. Maxner asks who flagged the wetlands, with
Griffin responding wetland scientist Brendan Quigley.
Bertoni asks if there are any questions from the audience. Greg Boghosian of 2 Wedgemere Rd.
asks how far tree removal would extend and what the construction schedule would be. Griffin
explains that trees would not be removed on site beyond 30 ft. from the dwellings. The proposed
work is expected to begin in the late winter or spring. Ilene MacDonald of 3 Dondi Road, raises
her concern about groundwater table issue in the area and impact on her property which gets
water in her back yard. Griffin notes that each lot will have 2500 sf of impervious surface which
is small in 3 acre wetland and size of watershed. Travis Pollio of 4 Temi Road, asks if a letter of
guarantee that no water level rise will happen when project is complete could be provided.
Griffin mentions that he could not guarantee results but feels confident that stormwater is
accounted for and properly managed. Bertoni asks if Griffin can provide his stormwater
calculations for the record, with Griffin agreeing.
Discussion ensues with abutter about possibility of rats which could migrate once construction
begins. Griffin notes that this could be addressed by the contractor. Griffin agrees to stake
proposed corners of houses in preparation for the Commission's site visit. Griffin confirms that
abutters are welcome to attend the site visit.
Maxner reads an email from John Kwiatek of 8 Temi Road into the record. Maxner notes the
Commission received a petition with a number of abutter's signatures in opposition to the project
for reasons listed thereon. Maxner reads letter from Jane Martinson, 5 Dondi Road into the
record.
A site visit is scheduled for 8:40 a.m. on Saturday, November 5 at Hull Street. Paluzzi moves to
continue the hearing to the November 16 meeting. Seconded by Bertoni. The motion carries 6-
0.
New: 3 Crescent Court, DEP File #5 -1207 — Steven Longmuir
Maxner reads the legal notice. Bob Griffin representing the applicant explains the proposed
project consisting of a fixed pier and terminal floats and describes the resource areas found
within the work areas.
Buchsbaum asks the difference in tidal accessibly with current vs. proposed dock. Griffin notes
the proposal will be about 150 -feet further out and will add about 2 hours of access on either side
of high tide. He will make additional measurements to ensure float would not be too far out into
the channel.
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Griffin addresses letter from the Division of Marine Fisheries and suggests that 18 inches is
reasonable for height of float at low tide and notes that helical anchors versus concrete blocks
could be used depending on conditions. A boat lift will be considered to get boat out of the water
from low tide.
Griffin mentions letter he received from neighbors that was critical of the length of the pier and
possibility of cutting off access to channel in the river. He reiterates that Mr. Longmuir is
sensitive to his neighbors' concerns and will asked Griffin to collect more data to determine any
interference to channel access.
Maxner reads letter from DMF that in part suggested a smaller dock and longer gangway.
Discussion ensues about possibility of reducing length of float, gangway and pier to ensure the
structure is not in the channel.
Mike Jennings, 35 Crescent Avenue, speaks to how the shoreline has eroded in the area over the
years where previously there were some house lots. He acknowledges that Mr. Longmuir does
quality work on his property. Resident of 25 Crescent Avenue, expresses concern about
encroachment on the channel, suggests a smaller structure would be more appropriate, and notes
precedent such a project could set in the area as well as how neighbors can row to boats in the
area.
Jonathan Burke, 5 Jacobs Avenue, suggests that Mr. Longmuir is trying to get more access which
limits access for neighbors but he is supportive of an appropriate scale project. He concurs that
Mr. Longmuir has done quality work and acknowledges Mr. Longmuir's interest in working with
neighbors. He also shows photographs of the area at plus one foot tide to the Commission. The
neighbors suggest that the proposed project will only provide a half hour of water access based
on tides, and recommends the length of the project could be 100 ft. maximum. The neighbors are
worried about the ice that the pier could trap in the winter. Resident of 4 Jacobs Ave. expresses
concern about the ice dams in the tidal area.
Maxner reads the last paragraph of the letter of concerns received from abutters into the record.
Griffin notes that he will be gathering data to address the neighbors' concerns.
Buchsbaum moves to continue the hearing to the November 16t'' meeting pending a site visit
scheduled for November 5t' at 9:30 a.m. Seconded by Paluzzi. The motion carries 6 -0.
Old/New Business
New: 7 Silver Court - Tree Removal Request — Kat Baker
Discussion ensues with the homeowners about taking two silver maple trees down with stumps
flush cut to the ground and materials removed. Maxner notes the work is in the 100 ft. buffer
zone so not grinding the stumps would keep the coastal bank stabilized, which is gently sloped.
Ms. Baker notes Dodge Tree has provided an opinion about poor health of the trees.
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Paluzzi moves to allow the cutting of the trees with flush cut stumps. Seconded by Buchsbaum.
The motion carries 6 -0.
New: 122 Cross Lane (Greening Way), DEP File #5 -1206 — Benco, LLC c/o Ben Carlson
Maxner reads legal notice. Bob Griffin representing the applicant explains the Commission
issued an ANRAD for the resource areas on and off site. He notes the Planning Board has
approved this 3 -lot OSRD subdivision, which includes two acres of open space could provide a
trail to Sally Milligan Park. He explains details of the stormwater infiltration feature in the buffer
zone, noting that the site plan addresses comments from City Engineer Greg St. Louis.
Griffin notes a stonewall berm will be constructed around the detention basin and it is outside of
the 25' NDZ. He notes that test pits were done in a number of locations and there is adequate
separation to the groundwater table.
Paluzzi moves to continue the hearing to the November 16, 2016 meeting with members of the
Commission visiting the site individually as their schedule allows. Seconded by Buchsbaum. The
motion carries 6 -0.
Orders of Conditions
Maxner suggests that considering the late hour, the Commission could schedule a meeting after
its site inspections on November 5t' to vote on the Orders for 17 Riverview and 675 Hale.
Members agree to this.
Adjournment
Paluzzi moves to adjourn at 11:45 p.m. Seconded by Buchsbaum. The motion carries 6 -0. The
next regular meeting of the Conservation Commission is Wednesday, November 16, 2016 at
Beverly City Hall, 3rd Floor Council Chamber.