05-02-17 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
May 2, 2017
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Rick Grandoni, Stephanie Herbster, Tony Paluzzi, Jenna
Pirrotta
None
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor Council
Chambers, Beverly, MA.
Certificates of Compliance
New: 1 Lanthorn Lane, DEP File #5 -1074 — William Monagle
Maxner provides a brief background of the enforcement order that resulted in the subject Order
of Conditions, noting the project involved abandoning the existing septic system and connection
to City sewer, construction of a rear deck and pervious paver patio and repair existing retaining
wall at rear of swimming pool within 100 -foot buffer zone to bordering vegetated wetland.
She notes the deviations between the approved plan and as -built plan, which mainly consists of
expansion of the patio well outside the existing footprint.
Maxner provided the Commission with before and after photographs of the site. William
Monagle, the applicant and his contractor Tom Barabe explain that there was confusion about the
need to come back to the Commission for expanded patio. Monagle states this patio work was
done since dirt was running down to the steep slope in his back yard. Discussion ensues as to
impact to the buffer zone, with Bertoni asking if runoff from the expanded patio has resulted in
any erosion. Monagle states that he has not seen water runoff but rather it seems to just infiltrate
into the patio area. Maxner notes that she did not see any signs of erosion downhill of the patio
and the grassy area is stable and growing well. Buchsbaum notes that this change is probably
something the Commission would have allowed, but advises the applicant that any other changes
to the buffer zone must come before the Commission under a new application. Monagle
acknowledges.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Grandoni. The motion carries
6 -0.
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New: 32 Pickman Road, DEP File #5 -1100 — John Osbon
Maxner reports the Order, issued in August of 2013, governed the installation of a retaining wall,
construction of an in- ground swimming pool and associated porous paver patio, construction of a
wood deck, installation of native plantings along steep eroding slope within 100 -foot buffer zone
to bordering vegetated wetland. She states that none of the major work was undertaken aside
from removal of a large spruce tree (approved under the Order). In July 2016 the homeowner
asked for an extension. Maxner reports that after visiting the site she noticed the embankment
was in an unstable condition. Tobin Schulman, with Siemasko & Verbridge, explains that the
homeowner is not in a position to install plantings as the house is under agreement. Discussion
ensues with the new buyer and Mr. Schulman about activity on site will need a new NOI.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Grandoni. The motion carries
5 -1 with Bertoni opposed.
New: 5 Bonad Road, DEP File #5 -1092 — MPM Companies, LLC & Tyler and Amy Dufour
Bob Griffin representing the applicant recaps the project, a single family house. He notes the
deviations from the approved plan that included a patio and deck installed by the homeowners.
Buchsbaum asks how far the patio and deck are from the stream, with Griffin approximating 80
feet. Maxner reports that owners have recently submitted a building permit application to extend
the deck. Bertoni suggests that, in light of the deviation from the approved plan, that a RDA for
this new deck expansion would be appropriate. Members agree to require a RDA.
Paluzzi moves to issue a Certificate of Compliance for 5 Bonad Road. Seconded by Bertoni. The
motion carries 6 -0.
New: 3 Bonad Road, DEP File #5 -1093 — MPM Companies, LLC & Jason and Lynda
Bowen
Bob Griffin representing the applicant recaps the project, a single family house. He notes the
deviations from the approved plan that included fencing, paver walkway, patio and changes to
the rain garden construction but notes that the rain garden is receiving roof runoff and
functioning properly. He notes that the mitigation planting area along the stream has been
replanted a couple times with the proposed species not surviving. Discussion ensues as to the
mitigation area, with Griffin noting the developer is willing to replant again perhaps with
alternative species. Bertoni suggests that this request be continued in favor of receiving a new
planting plan with a plant schedule. Members agree to require a planting plan. Buchsbaum
moves to continue to the next meeting. Seconded by Paluzzi. The motion carries 6 -0.
New: 4 Bonad Road, DEP File #5 -1105 — MPM Companies, LLC & Michael StoM
Bob Griffin representing the applicant describes how a patio versus deck was built. Also, that the
berm was installed between House #1 and House #2 to connect overland flow to drainage pipe in
backyard, which he notes is working well. Discussion ensues as to the large tree originally slated
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May 2, 2017 Meeting Minutes
Page 3 of 8
for removal but was saved, and if it becomes hazardous the homeowner is reminded that its
removal will require Commission review.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion
carries 6 -0.
New: 6 Bonad Road, DEP File #5 -1104 — MPM Companies, LLC & Marie Riberdy and
Caryl Penachio
Bob Griffin representing the applicant notes that driveway was relocated and is now on Bonad
Road versus Lakeshore Drive which resulted in less blasting. There was a change in amount of
impervious surface, a 230 square foot reduction, on this lot and drainage improvements have
been done on Bonad Road. Discussion ensues regarding the driveway relocation from the
approved plan, with Bertoni noting this needed review prior to implementation in the field.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion
carries 6 -0.
Request for Determination of Applicability
New: 86 Preston Place – replace failed septic system – Charrissa Vitas
Maxner reads legal notice. Septic designer Dan Johnson representing the applicant describes
11,000 square foot lot and that Bill Manuell delineated the wetlands which are located on both
sides of the property. He explains that a new 1,500 gallon septic tank will be installed and there
is no increase in flow. The offset to the leaching area will be 52 feet from the wetland on the left
and 80 feet to the rear, and there will be no grade changes. The existing failed cesspool will be
pumped out and abandoned. The area will be loamed and seeded to restore the lawn.
Buchsbaum moves to issue a Negative #3 Determination with the following condition:
1. Prior to work commencing, erosion control must be installed and the Conservation Agent
shall be contacted to conduct a site visit to verify proper installation.
Seconded by Paluzzi. The motion carries 6 -0.
New: MBTA Commuter Rail, Gloucester Branch at Milepost 19.63 – Keolis Commuter
Services, LLC c/o Clary Coutu
Maxner reads the legal notice. Kyle Fair, of Fair Dermody, explains the proposal to replace an
existing culvert that is not in compliance with load specifications. He notes that an inspection
was done after rain event and no flow was observed and no wetland plant community is present
in the area. A 36 inch concrete culvert pipe with headwall will be installed, and all elevations will
remain the same. Maxner and Buchsbaum note their familiarity with this stretch of rail line and
agree that wetlands are not present in this vicinity.
Paluzzi moves to issue a Negative #1 Determination. Seconded by Buchsbaum. The motion
carries 6 -0.
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Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 6 -0.
Notices of Intent
Cont: 50 Dunham Road, West Hill — Dunham Ridge, LLC c/o Stephen Drohosky
Maxner reports that the Commission's peer reviewer is engaged and has started the review,
noting that a continuance is necessary.
Paluzzi moves to continue the hearing until the May 24, 2017 meeting. Seconded by Bertoni.
The motion carries 6 -0.
Cont: L.P. Henderson Road, east side airport — 1010 Hangars, LLC
Peter Ogren, Hayes Engineering, representing the applicant describes location of proposed new
hangar. He notes that two changes to the plan:
• Relocation of access roadway out of "object free" area, which moves it closer to the
BVW but outside the 25' NDZ;
• Connection to City water system with a12 inch line, versus use of foam fire suppression
system.
Maxner notes the City Engineer will provide review for the Commission and Planning Board.
Ogren notes that outside storage of propane (for heat in hangar) is proposed, with Paluzzi asking
that the tanks be surrounded by a concrete lip to contain spills. Bertoni asks for the letter from
the FAA that requires relocation of access road, Ogren will provide it.
Bertoni asks if there are any questions from the audience. There are none.
Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 6 -0.
New: MBTA Commuter Rail, Gloucester Branch at Milepost 23.27 — Keolis Commuter
Services, LLC c/o Clary Coutu
Maxner reads the legal notice. Kyle Fair, of Fair Dermody, the applicant representative describes
the proposal for a 36 inch diameter culvert replacement and standard headwall installation. The
proposal, classified as a limited project as described in the project narrative, involves
replacement of the existing stone box culvert with new concrete pipe culvert, precast concrete
headwalls, wing walls and associated rip rap on both ends. Fair explains work to take place
within bank (both intermittent and perennial), land under waterbody, 200 -foot riverfront and land
subject to coastal storm flowage. He notes presence of coastal bank has been added to the
narrative. He notes that MBTAis not subject to local bylaws or ordinances, thus this is only
reviewed under the State Act.
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In response to Bertoni, Fair explains the plan is to do the work in a 24 hour period (weekend of
June 24 Some overgrown organic (invasive species) material will be removed to allow worker
access.
Bertoni notes that this may require self - reporting with the Army Corps. Fair acknowledges and
will confirm this.
Bertoni asks if there are any questions from the audience. There are none.
Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 6 -0.
New: 105 Sam Fonzo Drive — construct self - storage facility with associated parkin,
utilities and stormwater management system — Beverly port Self Storage, LLC c/o
Thomas Ford
Maxner reads the legal notice. Miranda Gooding, Glovsky and Glovsky, representing the
applicant outlines proposal for mini - storage development at Cherry Hill industrial park. She
describes history of site that was deemed surplus by the City and bidding process for the land
acquisition by Thomas Ford. The proposed use would be industrial.
Mary Rimmer, wetland consultant, describes site conditions including culvert under Sam Fonzo
Drive, and dug ditch where there is little positive flow. The site is vegetated and has varying
topography. Rick Salvo, project engineer, describes changes in grade at the site that dictate how
the site needs to be developed.
Rimmer notes a waiver has been requested to allow work in the 25' No Disturb Zone (wetland
crossing) and there is about 5,000 square feet of impact with 2,500 square feet of impact from
the crossing and another 2,500 s.f from the stormwater detention facility, which includes some
grading in the NDZ. Rimmer reviews the proposed enhancements to offset impacts and allow
wildlife habitat improvement. Maxner notes the City Engineer did provide a comment letter to
which the applicant is responding now. Discussion ensues as to whether there is an opportunity
to shrink impact or expand plantings. The proposed stream crossing is discussed, with Bertoni
asking if this complies with the stream crossing standards. Salvo will confirm this.
Bertoni asks if there are any questions from the audience. There are none. Members agree a site
visit would be helpful.
A site visit is scheduled for Monday, May 15, 2017 at 5:30 p.m. Paluzzi moves to continue the
hearing until the Commission's next meeting on May 24, 2017. Seconded by Bertoni. The
motion carries 6 -0.
Reconvene Regular Meeting
Paluzzi moves to reconvene the regular meeting. Seconded by Bertoni. The motion carries 6 -0.
OLD /NEW /OTHER BUSINESS
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New: 43 Haven Way, DEP File #5 -1193 — request for Minor Modification to Order of
Conditions — Olaf Stelling
Tobin Schulman, Siemasko and Verbridge, representing the applicant describes wetland
delineation (100 foot buffer to coastal bank). The change to the proposal is to create a slightly
larger terraced space and relocate the steps leading to the lawn. In response to Bertoni he notes
that the modification does not shift work closer to the wetlands but rather parallel.
Paluzzi moves to issue a Minor Modification. Seconded by Grandoni. The motion carries 6 -0.
New: 50 Dunham Road, DEP File #5 -1202 — request for Minor Modification to Order of
Conditions — Dunham Ridge, LLC
Mike Aveni representing the applicant describes proposal on the alignment of the 50 Dunham
Road access drive which is being shifted 25 feet east toward the IVW E Series, but is still outside
the 25' NDZ. Discussion ensues as to the modified plan, erosion controls and need for boulders
on the wetland side. Aveni responds to Bertoni explaining that this modification straightens the
entrance to the site, and reduces the amount of pavement by about 835 s. f.
Buchsbaum moves to issue a Minor Modification. Seconded by Paluzzi. The motion carries 6 -0.
New: Planning Board Request for Comments — Definitive Subdivision Plan, Trask Lane
(Map 28 Lot 126) — Folly Hill Associates Trust
Maxner explains that the purpose of this plan aims to retire the existing right -of -way, create a
new cul -de -sac and combine lots from the previous subdivision to create new lot configurations.
She notes the plan is absent actual development /building layout. The current zoning allows for
high density residential development. She explains this site is roughly 75 acres with a number of
wetland systems scattered throughout. The proposed cul -de -sac would require a NOI with the
Commission and waivers from the 25' NDZ at the very least. Discussion ensues as to the general
lack of comprehensive information on the extent, character and function of the wetlands on site
with the Commission agreeing that an ANRAD would be most appropriate before any
development plans are submitted. Maxner will write letter to the Board based on tonight's
discussion.
Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review
Maxner notes that special counsel Jeff Roelofs is continuing his review on the draft amendments.
A separate meeting will be held on this matter with the Commission.
Approval of Minutes
There were none ready for the Commission's approval at this meeting.
Orders of Conditions
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MBTA Commuter Rail, Gloucester Branch at Milepost 23.27
Members discuss the proposed plan, and discussion points raised during the public hearing.
Maxner reminds the Commission that this project is only reviewable under the State Act.
Discussion ensues as to conditions to apply to the project. Buchsbaum moves to issue the Order
of Conditions under the Act with general conditions and the following Special Conditions as
discussed:
1. The Army Corps of Engineers Stream Crossing Standards shall be consulted and
followed for the proper preparation and treatment of the culvert bottom to optimize
aquatic habitat conditions.
2. All excavated material not reused shall be taken off site to an appropriate facility.
Seconded by Paluzzi. The motion carries 6 -0.
L.P. Henderson Road, east side airport — 1010 Hangars, LLC
Members discuss the proposed revised plan, materials submitted and discussion points raised
during the public hearings. Maxner notes that the project is designed outside the 25 -foot no
disturb zone. Discussion ensues as to conditions to apply to the project.
Discussion ensues about Standard Conditions and the following Special Conditions:
Paluzzi moves to issue Order of Conditions with Standard Conditions and the following Special
Conditions as discussed:
1. A concrete lip shall be built around the propane tank(s) to contain any leaks. This detail
shall be added to the approved plan and submitted to the Conservation Agent prior to
Conservation Commission sign off on any type of building permit.
2. Prior to Conservation Commission sign off on any type of building permit and prior to
any activity on site, the proposed stormwater management system shall be reviewed and
approved by the City Engineer. Written approval from the City Engineer shall be
submitted to the Commission.
3. Prior to Conservation Commission sign off on any type of building permit and prior to
any activity on site, if any changes are made to the approved plan based on the City
Engineer's review, the revised plans to be accompanied by a memo detailing the
changes, shall be submitted to the Commission. Upon receipt the Conservation Agent,
Commission chair and vice chair shall review the revised plan to determine if a formal
modification to the Order is required.
4. At the time of erosion control installation, the limit of the 25 -foot no disturb zone in the
vicinity of the access drive work shall be surveyed and staked in the field to ensure
erosion controls are installed at the limit of the no disturb zone and that no work occurs
within said zone.
5. Other than side -cast of snow due to routine plowing activities along the access drive and
parking areas, snow storage by way of purposeful pushing or depositing, stockpiling or
dumping from other areas on or off of the site is prohibited within the buffer zones and
wetlands. This conditions shall be on -going and survive beyond the issuance of a
Certificate of Compliance.
Seconded by Buchsbaum. The motion carries 6 -0.
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Adjournment
Paluzzi moves to adjourn at 10:15 p.m. Seconded by Bertoni. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Wednesday, May 24, 2017 at Beverly City
Hall, 3rd Floor Council Chamber.