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2007-05-22-07 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present May 22, 2007 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Tony Paluzzi Members Absent: Gregg Cademartori and Bill Squibb Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at G.AR. Hall, 8 Dane Street, Beverly, MA Certificate of Compliance Cont: 17 Cole Street - DEP File # 5-809 - Andrew Neumann Maxner explains that she visited the site today and the grass is not quite established. She notes that she talked with the owner about how to delineate the 25-Foot NDZ and gave them some ideas on how to demarcate it, suggesting large boulders or concrete bounds. Lang recalls that the Commission suggested poured concrete pillars. Maxner states she will impart that to the applicant. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to June 19, 2007. Hayes seconds the motion. The motion carries 5-0. Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden Maxner explains the matter needs to be continued to the June 19,2007 meeting so that the applicant can provide compensatory flood storage calculations for the Commission. Paluzzi moves to continue to the June 19th meeting. Hayes seconds the motion. The motion carries 5-0. Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steve Kalivas Maxner recalls that the order governed the construction of an in ground pool, deck and patio with the Buffer Zone to a BVW. She notes that the Commission conditioned, and the applicant agreed that all structures would stay out of the 25 foot NDZ. She notes that as shown on the as built plans the NDZ was not respected with a portion of the pool patio is in the NDZ. She also notes that the Commission visited the site and she was unable to Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 2 of 10 attend. Lang explains that the Commission requested that the applicant submit a planting plan and recommend that some mulch be removed and they plant some high bush blueberry. He also suggests some lower plantings in the mulched strip next to the fence. Hayes notes that he thinks that they should remove half of the mulch and install ground cover plantings that will grow to fill in the area. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to June 19, 2007. Paluzzi seconds the motion. The motion carries. New: 425 Hale Street - DEP File #5-895 - Rick Olney Maxner explains that the Commission has received a request for a Certificate of Compliance for the Order, which governed the removal of an abandoned drainpipe from the coastal beach, which served as a drainage outfall. She notes that the work has been done, and recommends the issuance of the Certificate of Compliance. Lang states that the Commission was able to view conditions on the beach during their site walk this past Saturday. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 425 Hales Street, DEP File # 5-895. Hayes seconds the motion. The motion carries 5-0. New: 150 Sohier Road - DEP File #5-353 - Shaw Environmental Inc. Maxner recalls that the Order governed the installation of a recovery well system as part of the groundwater remediation of the Varian property. She notes that the system has since been shut down and discontinued from use. She also notes that the approved plan indicates that the debris should have been removed from the bank and the bank stabilized with turf. She notes that she visited the site and the bank is stabilized and there is no sign of erosion. She recommends issuing the Certificate of Compliance. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 150 Sohier Road - Varian site. Hayes seconds the motion. The motion carries 5-0. New: 150 Sohier Road - DEP File #5-765 - Shaw Environmental Inc. Maxner notes that the Order was issued in February of2002 for the installation of monitoring and injection wells within the Buffer Zone to BVW and intermittent stream at 150 Sohier Road (Varian), 545 Cabot Street (Shore Country Day School), and 32 Tozier Road (New England Biolabs). She notes that the Order has been amended three times for additional wells and injection methods. She also notes that the work has been completed and recommends issuing a Certificate of Compliance. Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 3 of 10 Lang asks Ray Cadorette, Shaw Environmental, the status of the wells and monitoring efforts. Cadorette states most of the wells are now used for periodic monitoring and some on site wells still receive occasional injections but not as frequent as when the remediation was in full operation. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 150 Sohier Road - DEP File #5-765. Paluzzi seconds the motion. The motion carries 5-0. New: 28 Hill Street - DEP File #5-575 - Shaw Environmental Inc. Maxner explains that the Order was issued in March of 1997 and governed the installation of a discharge pipe for a sump pump connection to the house basement and then later amended to install a monitoring well on site. She notes that the sump pump and discharge pipe were installed but never utilized as the groundwater was able to be process through the SESD sewer system. She further notes that the sewer line was extended down the street to the house to connect. She states that she recommends a Certificate of Compliance be issued. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 28 Hill Street, DEP File #5-575. Reilly seconds the motion. The motion carries 5-0. New: 245 Dod2e Street - DEP File #5-801- Henry and Donna Bertolon Maxner reports that the applicant's engineer has requested that the matter be continued to the June 19,2007 meeting. Paluzzi moves to continue the matter to June 19,2007. Reilly seconds the motion. The motion carries 5-0. New: 245 Dod2e Street - DEP File #5-836 - Henry and Donna Bertolon Maxner reports that the applicant's engineer has requested that the matter be continued to the June 19,2007 meeting. Paluzzi moves to continue the matter to June 19,2007. Reilly seconds the motion. The motion carries 5-0. Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 4 of 10 ReQuest for Determination New: 14 Lon2meadow Road - Replace Fence - Install Above Ground Pool- Paul and Julie LeBel Maxner reads legal notice. Paul Lebel addresses the Commission and explains that they are proposing to install a 20- foot round above ground pool and replace a section of fence within the Buffer Zone to a BVW. Maxner notes that she gave the applicant permission to remove a couple of diseased trees and cut bittersweet vines along the wetlands edge, which she discussed with their tree contractor. She also noted that she informed the applicant that they must stop dumping yard waste along the wetland edge behind the fence. She shows the Commission photos of the site for their review. Maxner also notes that the 25' No Disturb Zone encumbers the entire yard and they do not have any choice as to the location of the pool. Hayes questions how much yard waste is on the site. Maxner states that it is a pretty good size pile. Lebel states that they are happy to remove the pile of yard debris and have agreed to stop dumping behind the fence. Maxner suggests that be a Special Condition of the permit. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination with the condition that the yard waste pile behind the fence be removed. Hayes seconds the motion. The motion carries 5-0. New: 5 Boyden Street - Clear Trees - Install Pool and Play Area - James and Lisa Noonan Maxner reads legal notice. Mrs. Noonan addresses the Commission and reviews the plans for tree clearing, the installation of a play area and an above ground pool within the buffer zone to a BVW. She notes that she received a Determination of Applicability five (5) years ago for the installation of a pool but at that time they decided to put up a smaller pool. She explained the plans and noted that at the suggestion of Ms. Maxner, she has had the wetlands surveyed by Joseph Orzel. She notes that the wetland line coincides to the original line when the house was built with the exception of a small section at the right corner of the house. She notes that they are able to stay out of the 25' NDZ for all work. Hayes asks what the condition of the land is in the area where they want to extend the lawn. Noonan states that it is all woods and brush and is heavily naturally vegetated. Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 5 of 10 Johnson asks Maxner if she feels that the removal of those trees will effect the area. Maxner states that she is always concerned when large trees are removed because of the role they play in hydrology of the area. Lang states that he is not concerned with the proposed extent of clearing as this general area is very wooded and abuts the Trustees property. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination for 5 Boyden Street. Hayes seconds the motion. The motion carries 5-0. Recess for Public Hearin2s Paluzzi moves that the Commission recess for public hearings at this time. Hayes seconds the motion. The motion carries 5-0. Amendment to Order of Conditions New: 23 Linden Avenue - DEP File #5-928 - Lou Ellen Viel Maxner reads legal notice. Lou Ellen Viel explains that the Commission issued an Order for the replacement of stones on a rip rap seawall, removal of invasive plants on the bank and re-Ioaming and seeding the rear yard which is experiencing sink holes from the failing wall. She notes that she is now proposing to construct a two-car garage and rear sunroom to be supported by sono tube footings within the 200-Foot Riverfront Area and the 100 foot Buffer Zone to a Coastal Bank. Maxner notes that the alternatives are limited to the lot and the proposed garage does not come closer to the Riverfront than existing conditions and comprises 7% of the total RA on the lot. She shows the Commission photos of the site. Lang recommends that stockpiled material be located in a safe area. Maxner notes that they have started work in the coastal bank and a silt fence is in place so it will not be a problem. She recommends that Viel seed the area as soon as possible. Viel agrees Lang opens the hearing up for public comment at this time. Joan Murphy addresses the Commission and asks how the contractor will access the property. Ms. Viel states that the contractor is going to try and go down the side yard. Paluzzi notes that Maxner will have preconstruction meeting and she can check on that with the contractor. Viel also notes that there are some large rocks that fell out and she is Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 6 of 10 hoping that they can replace them with a machine if they can reach it. Paluzzi states that if they can reach it there should be no problem but prefers they stay off the beach. There being no further questions or comments regarding this matter, Paluzzi moves to close the hearing and amend the Order of Conditions for DEP File #5-928 - 23 Linden Avenue. Reilly seconds the motion. The motion carries 5-0. Cont: Sam Fonzo Drive/Trask Street - Construct Buildin2: with Associated Gradin2:. Utilities. Parkin2: Area and Stormwater Mana2:ement Facilities - C Ronald Vitale Maxner explains that there was some confusion with Mr. Ogren as to what information was requested by the Commission. It was her understanding that the Commission was looking for feedback from Mike Collins, but Ogren thought information from DEP relative to the landfill regulations was what the Commission was looking for. Lang states that the landfill matter is not an issue the Commission has jurisdiction over and that he was expecting feed back from Mike Collins on the drainage in the area. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to June 19,2007. Paluzzi seconds the motion. The motion carries 5-0. Pam Kampersal addresses the Commission and states that she has contacted David Adams of the Bureau of Waste Protection and this is a 21E issue. She also notes that the applicant is required to file a landfill closure plan prior to construction. She also states that DEP has recommended assignment of lead status. Cont: 425 Hale Street - Rick Olney Hayes notes that the Commission visited the site and he found the requested work to be pretty straightforward. He notes that they are proposing to put up a wooden fence. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 5-0. Cont: 400 Hale Street - Endicott Colle2:e Maxner notes that the Commission continued this matter in order for the applicant to submit a dewatering plan. Joe Orzel of Gulf of Maine Research Inc. addresses the Commission and states that they have submitted a dewatering and dredging plan for the review of the Commission. He Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 7 of 10 reviews the protocol and the sequence of events of how the pond will be dredged and dewatered. He notes that they do not have to do Water Quality Certification as it is less than 1,000 cubic yards, but states there are still requirements for testing the dredged material to determine whether it could be reused on campus or if it needs to be disposed of by a licensed company. Orzel notes that they will seine the length of the pond twice and block a narrow portion of the pond to prevent fish from going beyond that area. He also notes that the pipe will be blocked with an inflatable bladder. Lang asks how long the process will take. Orzel states that he thinks it will take around 8 weeks to complete if all goes well. Lang asks how long the work on the pond will take. Orzel states that it should be a couple of weeks, four at the most. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0. Old / New Business 7 Bayview A venue- Enforcement Order - Michael & Dorothy Harrin2ton Maxner informs the Commission that she received a call reporting that grading and paving activities were occurring within the 100-Foot Buffer Zone to a Coastal Bank and Beach at 7 Bayview Avenue. She explains that she conducted a site inspection and upon arriving she met the contractor who informed her that an existing tennis court was being resurfaced with new layers of asphalt and court material. She notes that she explained the jurisdiction of the Conservation Commission and their authority under the Wetlands Protection Act and the Beverly Wetlands Protection Ordinance and informed him that some level of review by the Commission is required. She also notes that she directed the contractor to install silt fencing along the westerly edge of the court to protect from material eroding beyond the surface and allowed him to finish grading the gravel material but that no further work should be done on the site until she consulted with Conservation Commission chair, David Lang. She explains that Lang instructed her to issue an enforcement order requiring them to submit a determination of applicability for the June 19,2007 meeting. Maxner further notes that work continued on the site on Monday, May 21, 2007 and upon the advice of the City Solicitor she issued a $100.00 fine to Mr. Harrington. Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 8 of 10 Mr. Harrington addresses the Commission and states that in his discussions with the City Solicitor, the Solicitor urged him to talk to the Commission and is here upon the Solicitor's suggestion and is happy to address the Commission's questions. Lang states that the Commission has no questions for him and the facts seem clear that work was being done in a resource area without approval and he was ordered to stop but he kept on working. Lang explains the wetlands regulations and notes that Mr. Harrington's property is within 100 feet of a beach and possibly a coastal bank and therefore requires review and approval by the Commission. Maxner notes that she provided Mr. Harrington with a packet of material for an RDA that he would be required to submit. Harrington states that he relied on his contractor to get the appropriate permits. He also states that his contractor said that in 40 years he has never had to get a conservation permit for this type of work. Johnson explains the need to file for an RDA to Mr. Harrington. He notes that the information requested will be used for the Commission to make an informed decision. Harrington states the Commission may be interested that Marshall Handy, attorney for the Hubbard's and is involved in the litigation for the Bayview Avenue subdivision, brought the situation to the Commission's attention. He also states again that there was a strong indication by the City Solicitor that there was a willingness on the part of the Commission to discuss this issue. Lang states that the Commission did not request Harrington's appearance at tonight's meeting and is not interested in who reported the violation. Maxner informs Harrington that he should not rely on the judgment of the contractor, as they tend to avoid the permitting process to speed the job along and the landowner is still the responsible party for following land use regulations. She states that at this point he needs to comply with the Enforcement Order and file the RDA Lang informs Harrington that he must follow the stop work order and file the appropriate application for the work to be done on the site in time for the June 19,2007 meeting. There being no further questions or comments regarding this matter, Paluzzi moves to ratify the enforcement order issued to Mr. Harrington, 7 Bayview Avenue. Johnson seconds the motion. The motion carries 5-0. New: 425 Hale Street - ReQuest for Extension - DEP File # 5-805 -Rick Olney Maxner informs the Commission that Mr. Onley has requested a one-year extension for the Order governing the construction of an addition, pool shed, and landscaping within Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 9 of 10 the Buffer Zone to Coastal Bank. She notes that work that has been conducted so far is in compliance with the Order and she recommends that the Commission grant the extension. Hayes moves to grant the extension for 425 Hales Street, DEP File #5-805. Reilly seconds the motion. The motion carries 5-0. New: 359 Hale Street - ReQuest for Extension - DEP File # 5-846 - David Staskin Maxner informs the Commission that Mr. Staskin has requested a one-year extension for the Order, governing the construction of an addition, coastal bank restoration, plantings and a sewer connection. She notes that she has received a report on the coastal bank plantings and they are in compliance other than restoring what the latest storm washed away. She recommends a one-year extension be granted. Paluzzi moves to grant the extension for 359 Hale Street, DEP File #5-846. Hayes seconds the motion. The motion carries 5-0. New: 32 Cliff Street - ReQuest for Extension - DEP File # 5-847 - James Daley Maxner informs the Commission that Mr. Daley has requested a one-year extension for the Order governing the construction of an addition and the removal of some trees. She recommends that a one-year extension be granted. Paluzzi moves to grant the extension for 32 Cliff Street, DEP File #5-847. Hayes seconds the motion. The motion carries 5-0. New: 101 West Street - ReQuest for Permission to Di2 Test Pits - Robert Griffin Maxner informs the Commission that a request has been received from Robert Griffin, engineer for 101 West Street to dig a test pit on the beach and land side of the seawall to determine the depth of the bottom of the seawall to satisfy FEMA's request for additional information in that regard. She reviews the details of the proposal with the Commission. There being no further questions or comments regarding this matter, Paluzzi moves to allow the test pits. Johnson seconds the motion. The motion carries 5-0. Invoices Maxner presented an invoice from Dan Wells, the Commission's wildlife biologist for services rendered on the Manor Homes at Whitehall appeal in the amount of$479.00. Paluzzi moves to approve the payment of$479.00 to Dan Wells. Reilly seconds the motion. The motion carries 5-0. Approval of Minutes Beverly Conservation Commission Meeting Minutes - May 22, 2007 Page 10 of 10 The minutes of the Beverly Conservation Commission held on January 30,2007 were presented for approval. Johnson moves to approve the minute of the meeting of January 30, 2007 with minor edits. Reilly seconds the motion. The motion carries with Lang abstaining. Motion carries 4-0-1. Orders of Conditions New: 23 Linden Avenue - DEP File #5-928 - Lou Ellen Viel Lang suggests standard conditions and a special condition requiring erosion control to extend between the properties at the garage side. There being no further questions or comments regarding this matter, Paluzzi moves to issue the Order of Conditions for 23 Linden Avenue. Johnson seconds the motion. The motion carries 5-0. Cont: 425 Hale Street - Rick Olney Lang suggests Standard Conditions, with Special Conditions for the project as follows: 1. If pressure treated lumber is used all cutting shall be done above the coastal bank. 2. Debris from fencing material shall be removed immediately. 3. No heavy equipment on the site or on the coastal bank. 4. Light pruning shall be allowed on the site but no tree removal. There being no further questions or comments regarding this matter, Johnson moves to issue the Order of Conditions. Paluzzi seconds the motion. The motion carries 5-0. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the regular meeting. Seconded by Hayes. Motion carries 5-0. The regular meeting adjourns at 8:40 p.m. Hayes excuses himself from the meeting and leaves the building. Lang states the Commission intends to convene into Executive Session for the purpose of discussing the latest settlement plan for the Manor Homes at Whitehall appeal, and the Commission will not be returning to open session this evening. Paluzzi moves to convene to executive session, Reilly seconds, and a roll call vote was taken as follows: Johnson Reill y Yes Yes Lang Paluzzi Yes Yes