2003-12-09
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: December 9, 2003
BOARD MEMBERS PRESENT: Chairman David Lang, Vice Chairman Tony Paluzzi,
Dr. Mayo Johnson, Ian Hayes, Linda Goodenough
BOARD MEMBERS ABSENT: Eileen Duff, Bill Squibb
OTHERS PRESENT: Amy Maxner – Environmental Planner
RECORDER: Amy Maxner
Lang calls the meeting to order at 7:00 p.m.
RECESS FROR PUBLIC HEARING
Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries
5-0.
NOTICE OF INTENT
Cont: 13 Landers Drive, Kenneth DeMarco
Kenneth DeMarco is asked to present the revised plan. He explains that the access to the pond
will be shrunk to 10 feet, and the size of the barn has been reduced to 16’ by 28’, which pulls the
structure further away from the pond. He also explains his idea for replanting along the bank of
the pond, which include some lilac bushes and water lilies.
Dr. Johnson states that in keeping with the rest of the pond’s natural character, the edge of lawn
should be pulled back from the bank of the pond, and that a buffer strip should be allowed to
establish natural vegetation and no longer disturbed.
Lang agrees that a natural buffer strip should be allowed to re-establish along the bank, and
suggests it be 15 feet wide. He also states that lilac bushes are not adapted to wet soil conditions,
and suggests that they be replaced with highbush blueberry bushes.
Goodenough states that since trees were cut, they should be replaced at least 1 for 1. Lang agrees,
and suggests that red maple trees be planted.
Lang asks if there are any questions from the public.
Kathy Gilligan, 15 Landers Drive, states that she is pleased with the Commission’s
recommendations, but still has concerns over what the barn will be used for.
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Meeting Minutes December 9, 2003
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Lang states that some sort of self-contained sump pump will be required for the barn floor to catch
any potential contaminants.
Lang asks if there are any further questions from the Commission members. There are none.
Lang asks if there are any further questions from the public. There are none.
Paluzzi moves to close the hearing. Seconded by Goodenough. All in favor. Motions carries 5-0.
# 10 Tall Tree Drive
Maxner requests that the agenda schedule be shifted to allow Attorney Alexaner and Tom
Carnevale to speak to the Commission regarding # 10 Tall Tree Drive.
Alexander states that the Zoning Board of Appeals granted Mr. Carnvale’s petition for a waiver
from setbacks. He asks the Commission for its approval for this plan to move the settlement
agreement forward.
Maxner hands out a list of conditions that she thought might be helpful in resolving any lingering
concerns the Commission may have about this lot. She states that due to the sensitive nature of
the resource areas on this lot, she doubts the Commission would approve any further alteration of
the area. All parties take a moment to review the list.
Lang asks Alexander if his client would be willing to accept these conditions as part of the
settlement. Alexander responds that for the most part, these are acceptable conditions. He states
that deed restrictions are only effective for 30 years, so he suggests that the restriction on any
further building be brought forward as a perpetual condition of the Certificate of Compliance.
Maxner states that she will wait to write a letter to the DEP accepting a settlement until she
receives a full-scale plan from the applicant.
Hayes states that future restriction on this lot is wise as it will provide protection for the sensitive
resource areas.
Lang asks if there are any questions or comments from members. There are none.
Paluzzi makes a motion to accept the list of conditions to be incorporated into the final settlement
agreement as written by Maxner, with the restriction on future building or disturbance on the lot to
be as a perpetual condition as part of the Certificate of Compliance. Seconded by Goodenough.
All in favor. Motion carries 5-0.
Cont: 2 Boyles Street, Manor Homes at Whitehall
Ian Hayes recuses himself from this hearing.
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Maxner reads a letter from the applicant’s representative requesting a continuance.
Paluzzi moves to grant a continuance to the January 6, 2004 meeting. Seconded by Johnson. All
in favor. Motion passes 4-0.
Cont: Off Boulder Lane, Miles Group, Inc.
Maxner reads a letter from the applicant’s representative requesting a continuance.
Johnson moves to grant a continuance to the January 6, 2004 meeting. Seconded by Goodenough.
All in favor. Motion carries 5-0.
New: 302, 320, 332, 400 Hale Street, Endicott College
Maxner reads the legal notice.
Joe Orzel of Gulf of Maine presents for the applicant. He states the applicant’s intent on
constructing a new dormitory and associated appurtenances within the Buffer Zone to an Isolated
Vegetated Wetland (IVW), as well as wetland restoration activities in a Bordering Vegetated
Wetland (BVW). He provides a short history of this site and explains that as part of the athletic
field/complex project in 2000, a series of Federal Wetlands were filled and a detention basin was
created in replication for those Federal Wetlands. He explains that presently there are a series of
modular dormitories on the subject site. The proposed project will involve filling of the detention
basin. To compensate for the filling of the detention pond, the BVW to the north of the subject
site will be restored.
Orzel explains that the BVW to be restored is bordering on a stream channel, and has been filled
with compost and other debris over the years. He states that there are two vernal pools that are up
gradient to this wetland and the closest pool is at least 200 feet away from any work involved in
the restoration.
Lang asks if there are any questions from the public.
Resident of 330 Hale Street states that he is very concerned over the potential for runoff and
flooding from the creation of impervious surfaces to his property.
Bernie Pequin, engineer for applicant, explains that the proposed parking lot to the south of the
building will be modified and the number of spaces will be reduced in order to pull it away from
the 328 Hale Street residential property.
Dr. Johnson asks about the retaining wall height. Pequin responds that it will be eliminated as the
parking lot is being modified, instead it will be a gentle sloping grassed area.
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Resident of 328 Hale Street asks why the project is within the 100 foot Buffer Zone of the IVW.
Orzel explains that the project respects the 25 foot No-Disturb Zone set forth by the local
Regulations, but does not entirely avoid the Buffer Zone.
Lang states that the Commission should look at this area, but has concerns now that there is some
snow pack. He states it is useless to look at the wetlands unless members can view the vegetation.
Goodenough states that this may need to be continued should the snow cover persist.
Johnson moves to continue the hearing to the January 6, 2004 meeting, pending a site inspection
scheduled for Saturday, January 3, 2004 at 8:30 a.m. Seconded by Hayes. All in favor. Motion
carries 5-0. The applicant agrees to the continuance, and suggests that al parties meet at the main
gate at security on the morning of the site visit.
ORDERS OF CONDITIONS
13 Landers Drive
Paluzzi moves to issue the following conditions:
§ Standard Conditions;
§ 6 highbush blueberry bushes shall be planted to replace the proposed lilac bushes;
§ 4 red maple trees shall be planted;
§ Gravel shall be removed from the pond and the bank;
§ A 15 foot wide strip from the edge of the bank shall be left untouched and allowed to re-
establish with natural growth and vegetation; and
§ A dry, self-contained concrete sump pump shall be installed in the floor of the proposed
barn.
Seconded by Goodenough. All in favor. Motion carries 5-0.
OLD/NEW BUSINESS
New: Request for Modification, DEP File # 5-761, Harrington 147 West Street
Maxner explains that this existing Order is for work involving additions, garage construction and
landscaping activities. This request for minor modification is to replace an existing storage shed
with a larger shed.
Lang asks if there are any questions from members.
Paluzzi states that this change in the plan has very minimal impact, and will not be changing
existing conditions to any great extent.
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Goodenough moves to issue the Minor Modification. Seconded by Hayes. All in favor. Motion
carries 5-0.
New: Extension Permit, DEP File # 5-725, Brookwood School
Maxner states that this existing Order is for pond restoration activities which have not begun due
to lack of funding, but that Brookwood anticipates being able to move forward with the project in
the summer of 2004.
Rick Chute, Facilities Director, states that money is now available to begin the project, and they
are looking to begin in early summer.
Maxner states that this would be the first extension for this project.
Lang asks if there are any questions from members. There are none.
Paluzzi moves to issue a one-year extension to DEP File # 5-725. Seconded by Johnson. All in
favor. Motion carries 5-0.
Elm Top Lane – Appeal Settlement
Maxner informs members that the applicants, Robert and Michael Hubbard and their neighbors
have reached an agreement and all appeals have been dropped and the DEP has remanded the
original Order of Conditions back to the Commission. She states that the Order covers the
demolition of the existing house and construction of one house only, and that the lot has been
subdivided into two building lots and the Hubbard’s plan on building a second house. She states
that she will write a letter to the Hubbard’s reminding them that the construction of the second
house is not covered by the current Order.
673 Hale Street, Anna Ozols – No-Spray Zone
Maxner hands out a letter received from Ann Ozols concerning her request for a No-Spray zone
along the railroad tracks abutting her property. Her letter explains that the Mass. Department of
Agricultural Resources, Pesticide Bureau oversees the spraying of railroad right of ways, and she
has been in contact with a representative, Mr. Mistovich, from that agency. Mr. Mistovich was
not amenable to establishing a No-Spray zone behind Ms. Ozols’ property for fear of setting a
precedent for other residents to do the same, but is aware of the ecologically sensitive nature of
that area. He stated that he would instruct the workers conducting spraying to not spray if
standing water is present.
299 Dodge Street, Enforcement Order Follow Up
Maxner informs members that she issued the Enforcement Order to Mr. Sabatini at 299 Dodge
Street, and was contacted by his wife who stated that he is in the hospital recovering from a heart
operation and would not be able to attend tonight’s meeting.
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Lang states that this should be followed up on this in the near future. Maxner states that she will
follow up with Mr. Sabatini after the holidays.
Fine Sub-Committee Follow Up
Maxner states that the fine sub-committee meeting was cancelled due to the storm. She handed
out correspondence received by the Assistant City Solicitor regarding the execution of fines for
wetlands violations. She explained that pursuant to M.G. L. Chapter 40 Section 21D, there are
specific procedures and time frames within which the Commission can assess fines to violations.
The Commission has 15 days to issue a fine, and it must be presented through a ticket, which
serves as official documentation of the fine and its purpose.
Goodenough asks if the Commission is able to assess a fine to Elm Top Lane as well as Landmark
School. Maxner states that based on the Assistant Solicitor’s interpretation of the statute it would
not be advisable for the Commission to pursue fines at this late date. She highly doubts that the
Commission would be upheld in court.
Lang asks if there are tickets available for the Commission to use. Manxer states there are no
tickets that she is aware of. Paluzzi explains that the Conservation Administrator for Topsfield
has developed a wetlands fine ticket that is used regularly, and that maybe this Commission could
use that as a template. Maxner states that she has asked the Topsfield Administrator to forward it
and she will tailor it for Beverly, and will present it to members as well as the Assistant Solicitor
for review.
Goodenough states that in the mean time, if Enforcement Orders have to be issued, the
Commission should make it clear that it reserves the right to assess fines, and make that a part of
the EO. Members agree with this approach.
Vitale Site Discussion
Goodenough raises the issue of the agreement reached between New England Power and the City
Council for the remediation and reuse of the Vitale Site. She states that she is disturbed by the
fact that the Conservation Commission was not invited to participate in the negotiation process, or
at least asked to provide suggestions or commentary on the proposed agreement as the property is
still under the care and custody of the Commission.
Lang states that this issue should be referred to the City Solicitor and be taken up at the next
meeting once input from the Solicitor is gained. He suggests that Goodenough draft a memo to
the Council stating the concerns, and members could review it at the next meeting.
Approval of Minutes
Paluzzi points out a small grammatical error on page 10, otherwise there are no changes suggested
to the minutes of October 21, 2003 meeting.
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Goodenough moves to approve the October 21, 2003 minutes as amended. Seconded by Johnson.
All members in favor. Motion carries 5-0.
Holiday Dinner Party Discussion
There is a short discussion on menu plans for the holiday dinner party scheduled for Friday,
December 12, 2003.
Adjournment
Johnson moves to adjourn the meeting. Seconded by Goodenough. All members in favor.
Motion carries 5-0. Meeting adjourns at 8:45 p.m.