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2007-09-11 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present September 11, 2007 Conservation Commission Chair David Lang, Gregg Cademartori Mary Reilly, Tony Paluzzi, and Bill Squibb arrives at 7:25 p.m. Members Absent: Mayo Johnson & Ian Hayes Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificate of Compliance Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden Maxner recalls that the Conservation Commission continued the matter while waiting for information from the applicant regarding compensatory flood storage area planting plan for the area immediately adjacent to the brook, as well as additional information relative to the catch basin. She stated that she has not received that information. Cademartori suggests that these continued Certificates be removed from the agenda until such time the applicants provide the necessary information. There being no further questions or comments regarding this matter, Paluzzi moves to remove this matter from the agenda until information is received. Reilly seconds the motion. The motion carries 4-0. Cont: 245 Dod2e Street - DEP File # 5-801 & 5-836 - Henry and Donna Bertolon Maxner recalls that the Order governed the reconstruction of an in ground pool, spa, patio, walkways and a portion of a building addition within the Buffer zone to a BVW at the bank of Norwood pond. She noted that the applicant has not contacted her regarding the plant installation. Paluzzi moves to remove the matter from the agenda until such time plantings have been installed and observed by Maxner. Reilly seconds the motion. The motion carries 4-0. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 2 of9 New: 43 Water Street - DEP File # 5-931- Beverly Port Marina - Suzanne Kinzie John Silva, Quantum Associates, reviewed the project involving paving an existing gravel parking lot and installing stormwater treatment devices within the Buffer Zone to a Coastal Bank and Land Subject to Coastal Storm Flowage. He notes that three storm scepters but one was shifted further west due to the location of the City water pipe. He also noted that they repaired the seaswall on the site. Cademartori asks if the debris in the stromceptor has been removed as noted in the Griffin Engineering certification letter. Silva states that is has been cleaned out. Maxner also notes that the applicant is requesting a waiver from as built plans. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 43 Water Street and to grant a waiver from the as- built plan. Reilly seconds the motion. The motion carries 4-0. Paluzzi moves to recess for public hearings at this time. Reilly seconds the motion. The motion carries 4-0. Cont: Hillcrest Drive -/ Beverly Hills Avenue - DEP File # 5-960 - Anthony Lawrence Maxner notes that when the Commission opened the hearing there was no one here to present the project so the Conservation Commission has not had a substantive presentation on this project and suggests that the applicant provide a recap on the project. Jill Mann, attorney for the applicant, addresses the Commission and recalls that the applicant is proposing to build a single-family house, extend the roadway, driveway and utilities within the Buffer Zone to a BVW. She notes that the Commission held a site visit was conducted on the site and requested additional information and plan revisions and explains these revisions and wetland report by Mary Rimmer. She states this information has been provided and is happy to entertain any questions. She explains that the abutter inquired if there is a possibility to go through the wetland to connect to the City of Beverly sewer system as opposed to using a force main. Lang states that it is not something the Commission would not typically allow especially if there is an alternative that results in less or no impact to the resource. John Makros an abutter addresses the Commission and states that he feels confident that with using hay bales and silt fabric without touching the wetland they would be in the 25' NDZ. He suggested that they connect through Beverly Hills Avenue and he would be able to connect as well and eliminate his septic system. Maxner states that the wetland is more extensive and they would have to go through the resource to connect on the Beverly Hills Avenue side. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 30f9 Chris Putnam addresses the Commission and clarifies that the name of the street is Hillcrests Road, not Hillcrest Drive. Paluzzi suggests that the Commission take another look at the site. Lang notes that the Commission visited the site and unless new information has been presented he sees no need to visit the site again. Squibb arrives. There being no further questions or comments regarding this matter, Reilly moves to close the public hearing. Cademartori seconds the motion. The motion carries 3-1-1 with Squibb abstaining and Paluzzi opposed. Cont: 9 Cole Street - DEP File # 5-963 - Adriano Tau2ino Mike Paige of Griffin Engineering addresses the Commission and explains that the Commission visited the site and revised plans incorporating suggestions made by the Commission have been submitted. He reviews the revised plans and notes that they moved a drywell and stonewall outside of the 25' NDZ. He also notes that they have extended the 8" PVC pipe and added a rip rap velocity reducer. Lang asks if the elevation of the driveway is going to remain as it is. Paige states that it will be raised a little and explained the location and the calculations on the plan. Paluzzi asks if they discussed removing the end of the wall that is within the 25' NDZ. Paige stated that they discussed it but they feel that they are giving adequate compensation for it to remain. Lang asks what they are planning to plant on the site. Paige states that they have not chosen species yet but are open to suggestions from the Commission. Lang suggests that stabilizing the bank adjacent to the wetland should be considered. Maxner notes that the 8" PVC pipe has been extended beyond the planting bed and asks why this was done. Paluzzi notes that he requested that due to concerns about erosion. Paige explains the plan and the location of the planting bed and the point of discharge. Reilly suggests that the driveway discharge go through a planting bed and lawn, which would result in more infiltration and water treatment. Squibb asks if there are any provisions in the catch basins to catch oil. Page states that they are willing to add an oil absorbent pad to the catch basin. Lang opens the hearing up for public comment at this time. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 40f9 Brian Deely, 11 Cole Street, addresses the Commission and notes that he submitted information at the site visit regarding his concerns about drainage. He showed photos of the area and noted that he has never had a problem with water until they started this work. Lang states that it seems that Mr. Deely's runoff was going into Mr. Taugino's yard and he built a wall and Mr. Deely's runoff is staying on his property. He noted that he does not see that as unfair. He also notes that the Conservation Commission stays out of those kinds of disputes, which are civil matters. Deely states that Taugino is running a business out of his yard. Lang advises him to talk to the Building Inspector about that. Deely shows the Commission photos of what he claims to be dumping of sand, debris and oil dripping into the wetland. Lang states that it would be of concern to the Commission and it should be reported, however the picture are of no help in determining that. Lang questions if Mr. Deely put fill in his own yard. Deely states that they have tilled the yard and moved dirt around but have not brought any fill in. Lang notes that he saw some fill up against a tree with brand new grass growing. Deely states that Taugino has brought in fill while building the stonewall and asks if the Commission noticed the change in grade between the two properties. Squibb notes that both are mowing wetlands in the NDZ. He suggests that the Commission should continue this matter and address the parking of the trucks in relation to the wetland. Reilly states that she is concerned about the location of the garden and the amount offill, suggesting that some of it should come out. Lang states that there should be equal treatment for both homeowners noting that they may not have brought in new fill but they definitely have moved material around. He suggests that the Commission continue the matter and take another look at the site to try and determine if there was filling on the site. There being no further questions or comments regarding this matter, Paluzzi moves to continue the hearing to October 2,2007 with a site visit to be held on September 29, 2007 at 8:00 a.m. Reilly seconds the motion. The motion carries 5-0. New: 59 Paine Avenue - Construct Sin2le Family House. Driveway. Gradin2 and Utilities - Windover Development Maxner reads legal notice. Thomas Mannetta addresses the Commission and explains the site plan for the construction of a single-family house, driveway, utilities and associated appurtenances within the buffer zone to a BVW and bank of the so-called "Vogel" pond located across Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 50f9 the street. He notes that they plan for the installation of hay bales and a limit of work area and have respected the 25' NDZ. Paluzzi states that the Commission should visit the site. Maxner questions the management of the runoff from the roof of the house and the driveway. Mannetta explains the drainage patterns proposed and noted shallow bedrock area so there is not much room for infiltration, but that there is a shallow area at the base of the slope that will catch the runoff. Lang asks if there is going to be any blasting for the project. Mannetta states that there may be some blasting but the house has been designed to accommodate the ledge. Lang opens the hearing up for public comment at this time. Joan Johnson, 677 Hale Street, addresses the Commission and expresses her concerns about grading and runoff. She requests that the driveway be constructed with some kind of material that allows for water absorption. She also questions where the water from the roof is going to go. She is also concerned about clearing as one medium sized tree can transpire 100 gallons of water a day. David Brandt of 669 Hale Street addresses the Commission and expresses his concerns about the runoff to his property and that these private ways were never meant to handle such runoff. Mary Roderick addresses the Commission and expresses her concern that the house is in the buffer zone. Maxner questions if the hay bale line is the limit of disturbance and if the Commission should expect complete clearing up to that line. Mannetta states it is the limit of disturbance and they have proposed selective clearing in that area, not a complete clear cut necessarily. Martha Updike of 675 Hale Street addresses the Commission and expressed her concerns that the construction will impact her drainage, noting that this is the third home on the site, which has been subdivided by Windover. She notes that she is concerned about that wooded area that serves as an important wildlife habitat area for creatures that use the pond. John Updike of 675 Hale Street addresses the Commission and noted that these lots have been marketed as "pond view" and he is concerned about cutting down the trees and the impact on wildlife. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 60f9 Christina Godshalk addresses the Commission and expresses her concerns about wildlife stating that egrets, mallards, turtles, hawks and small mammals frequent this area and habitat will be lost if this parcel is clear cut. Lang states that the Commission will continue this hearing to the next meeting in October and schedule a site inspection. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to October 2, 2007 with a site visit to be held on September 29, 2007 at 8:30 a.m. Reilly seconds the motion. The motion carries 5-0. Old / New Business New: 480-486 Rantoul Street - Enforcement Order - Dinart Serpa/Jack Kelleher Maxner explains she issued an Enforcement Order in response to clear cutting of the former Friendly's site performed by Kelleher Construction. She states that a restoration plan and narrative has been submitted to the Commission in response to the EO, and Peter Ogren is here to further address the Commission. She notes that Mr. Kelleher has staked the wetland, 25' NDZ and 100' Buffer Zone in the field and provided photos for members to review. Peter Ogren addresses the Commission and notes that earlier this year the Commission issued a determination for the site and determined that a portion of the site is protected by local Ordinance but not the state Act. He states that there was some confusion on the part of the Mr. Kelleher as to the Conservation Commission regulations and the clear cutting that took place within the jurisdiction of the Commission. He notes that a restoration plan has been prepared in response to the Enforcement Order issued by Ms. Maxner. He explains that the restoration plan includes a reconfiguration of the wetland, which is what is planned for the overall site project. He notes that a full NOI for the site development will be submitted to the Commission shortly. Cademartori states that the Commission agreed that it is not a wetland of high quality but that it still functions to protect some of the interests in the Ordinance and recalls that the Commission would be open to some reconfiguration. Cademartori refers to an easement on the plan and asked Ogren to explain that. Ogren explains that they sold a portion of the site to a direct abutter and took an easement for parking, traffic and circulation on the site. Cademartori questions that if they are reconfiguring the plan - is there a way to minimize the work in the resource area and enhance it. Ogren states that he would be willing to take a look at the suggestions of the Commission. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 70f9 Cademartori notes that the final plan is due before the Planning Board by September 14th for action and they can submit a Notice ofIntent to the Commission after that. Maxner states that if they are going to disconnect this wetland from runoff they are going to need to know where the water table is and how the wetland will stay viable. Squibb suggests that the Commission visit the site again to look at this area. Maxner cautions that waiting would mean that the replanting will not take place until the spring. Ogren asks if the Commission would be willing to vote to allow them to install the pipe and perform work for the replication area. Cademartori states that he thinks that is reasonable at this point and the Commission will have further opportunity to tweak the plan once the NOI is submitted. Ogren states that he will contact Maxner before anymore work is done on the site. Paluzzi moves to allow the installation of the pipe and the replication area. Reilly seconds that motion. The motion carries 4-0-1 (Squibb abstains). Lang leaves the meeting at this time and Paluzzi assumes the Chair. New: 62 South Terrace - DEP File #5-894 - Compliance Information - Michael Burta Maxner explains that she visited the site with John Jennings, Asst. Building Inspector, and it turns out that she was wrong and miscalculated 12 feet from the edge of the wrap around porch to the edge of the seawall. She notes that the plan is in compliance. She also notes that there is increase erosion to the coastal bank to the left of the house and asks if the Commission has any suggestions on that. The Commission reviews photos of the site taken on February 6,2007 by Maxner. Mike Burta addresses the Commission and states that he would like to look at other rip rap in the area along the Danvers river for ideas on what could be done. Burta also notes that there is a slight modification to the plan and explains the changes to the plan. He notes that the changes came about after construction and he moved the location of the wall, the telephone pole has been moved, and the retaining wall along the perimeter of the driveway is not poured concrete but mortared stone. He explains that part of the wall is gone next to the steps leading down the side of the house resulting in less impervious surface on site. He goes on to explain delays he has experienced with the project. The Commission recommends that he contact his engineer and wetland scientist for suggestions on the sizing of the rip rap, but that he should move forward with the plan as proposed to help address this erosion. Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 80f9 New: Greenwood Avenue. DEP File #5-946 - Minor Modification - Ben Stinson Maxner explains that the applicant has made further changes to the septic system design, moving the leeching field a few feet farther from the wetland. Stinson explains the redesigned plans and the location of the leeching field. He notes that the leeching field was moved about 5 feet back from the approved location. Maxner asks if the change resulted in a change in the configuration of the retaining wall. Stinson replies yes and explains the changes. He also notes that the wall is the same height and width as the original plan. There being no further questions or comments regarding this matter, Reilly moves to approve the Minor Modification for Greenwood Avenue, DEP File #5-. Cademartori seconds the motion. The motion carries 5-0. Installation of In Ground Pool- 19 Landers Road - Dou2las - DEP File #5-184 Maxner explains that there is an outstanding Order of Conditions on the site needs to be closed out. She explains that the Douglas' wish to install an in ground pool. She notes that she conducted a site inspection and the edge of disturbance related to the pool is 75 feet from the wetland. She also notes that erosion control measures are in place. She had encouraged Mr. Douglas to obtain an as-built plan for the property and house footprint and add the proposed pool to the plan, which he has done. She asks if the Commission would consider allowing the pool construction to move forward at this time without requiring a separate application. She notes that she has no concerns about the pool or its construction and thinks there is no impact to the wetland what so ever from this project. Cademartori suggests that the Commission should allow them to complete the installation of the pool, and have Maxner inspect it when completed and then at that time the Commission can issue the Certificate of Completion. Members agree this is a reasonable approach as long as Maxner has no concerns over compliance with the pool project. Maxner states that she does not and will perform compliance site inspections when possible. Mr. Douglas thanks the Commission for their consideration and states that he will keep in contact with Maxner. Parker Brothers Site - Dunham Road Maxner explains that they are trying to clean up old Orders of Conditions on this site and notes that an Order was issued in 1976 for the construction of a building addition. She explains that there are no plans in the file. She asks if the Commission would consider waiving the requirement for an as-built plan. Paluzzi suggests that they should furnish a site plan. Squibb states that this area may undergo some changes with the proposed interchange and it would be advisable to have a Beverly Conservation Commission Meeting Minutes - September 11, 2007 Page 90f9 record plan for drainage and other purposes. Cademartori agrees and suggests that they contact DEP and to see if they have any record of it. 71 Brimbal Avenue Maxner reports that she recorded an affidavit and the Enforcement Order at the Registry of Deeds, but that this property is no longer in foreclosure. She explains that the piles of dirt have now been spread around the site into the wetland. She states that she does not believe the Commission will gain compliance from this violator. Cademartori suggests that Maxner call DEP and ask if this can be referred to their enforcement division. Squibb asks if the EO has any fines with it. Maxner reports that the fines are $3,600 still outstanding. Squibb suggests that Maxner check with the tax collector to see where the tax bills are sent, but agrees that the DEP should step in at this point. Members agree. Conservation Commission Pamphlet Maxner reports that Kate Newhall, Associate Planner, is assisting her in crafting an informational pamphlet about the Conservation Commission and wetlands permitting. She notes that the Commission will need to spend some money to mass mail it. Cademartori suggests that they coordinate the distribution of the pamphlet to go out with the city tax bills or water bills. Joan Johnson addresses the Commission and suggests that they send the pamphlet to everyone so that they will know the regulations that exist. Orders of Conditions Hillcrest Drive -/ Beverly Hills Avenue - DEP File # 5-960 - Anthony Lawrence Cademartori suggests that Maxner prepare the Order of Conditions and have the Commission approve it at another time since David Lang left the meeting and they no longer have a quorum to vote on this matter. Maxner notes that the Commission can vote on it at the September 29, 2007 site visit. Approval of Minutes The minutes from the July 10, 2007 meeting were presented for approval. Cademartori moves to approve the minutes as amended. Reilly seconds the motion. The motion carries 5-0. Adjournment There being no further business to come before the Commission this evening, Reilly moves to adjourn the meeting. Reilly seconds the motion. The motion carries 5-0. The meeting adjourns at 11 :00 p.m.