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2006-04-11 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present April 11, 2006 Conservation Commission Tony Paluzzi (Vice-Chair), Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes and Bill Squibb (arrives 7: 1 0 p.rn.) Members Absent: David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Vice Chair Paluzzi called the meeting to order at 7:00 p.m. in the City Council Chambers at Beverly City Hall. Discussion with Mavor William Scanlon - Former Vitale Site City Planner Tina Cassidy addresses the Commission and reviews the history of the proposal. She notes that Mayor Scanlon requested that the Commission release the Vitale site from Article 97. She also explains that the site was the subject of fly ash restoration project that is nearly complete and has been prepared for two playing fields and a comfort station is planned for the site. Cassidy explains that the Mayor has suggested two potential sites for a land swap which the Commission has visited and they are here this evening for a discussion of what needs to be done to deal with the Mayor's request. Paluzzi asks if the Commission would have to release the land to the city or could the Commission grant an easement for use to the Park and Recreation Department. Cassidy notes that is a good questions and she would have to look into that, noting that the goal would be met as long as the result is the same. Paluzzi asks if there are any plans to expand the facility for more active recreation. Bruce Doig addresses the Commission and notes that the plan is grading in a two-tier elevation and there is not much room for expansion and there is no plan for any additional activity. Cademartori notes that there will be parking on the site. Doig notes that cars will drive down Henderson Road near the area for the concession stand. He states that he would be happy to outline this for the Commission. Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 20f9 Hayes addresses those present and explains that he has been researching the steps that the Commission will have to go through and there are a number of things that are the responsibility of the city. He also noted that the Commission has to be in complete agreement with this and that if anyone is opposed it stops the process. He recommends that the Commission develop a policy on how to proceed with this, noting that it doesn't have to be difficult but it should be clear. Hayes also notes that he would not want this to be precedent setting in that he would not want people who were considering giving the Commission property for care and custody to be concerned about the future development of the property. Cademartori suggests that the Commission look into a conservation easement if that is an alternative to disposition of 97 and allow the city to use the parcel while leaving it under the care and custody of the Conservation Commission. Hayes states that if the land is going to be used for active recreation he would be more inclined to turn it over to the city. Paluzzi recalls that a few years ago the Commission was approached by a group to allow softball to be played on a site in the custody of the Commission and the donor threatened to sue the city. Cademartori notes that the Commission has to understand its options and it would be beneficial to get educated. Maxner states that a public hearing should be held on the matter. Paluzzi suggests late Mayor early June for a meeting. Cademartori suggests that the Commission define a process at the next meeting or in early June and suggested that a subcommittee of the Commission work on that. Paluzzi, Hayes, and Cademartori volunteered to serve on the subcommittee for the Vitale site. There being no further questions or comments regarding this matter, Paluzzi thanks Ms. Cassidy and Mayor Scanlon for attending the meeting. Recess for Public Hearim!:s Johnson moves to recess for public hearings. Hayes seconds the motion. The motion carries (5- 0). Notice of Intent Cont: 573 Hale Street - DEP File #5-906 - Reolace Existin2 Stone Pier - Jonathan Lorin2 Maxner informs the Commission that she talked to the engineer and he is unable to be here this evening and suggested that if the Commission has no further questions they could close the public hearing tonight or the matter could be continued to May 2, 2006. Cademartori expresses reservations about the expansion of the footprint noting that it seems to have held up pretty well for a fairly unique structure. Maxner notes that the Chapter 91 permit provided for the footprint proposed now. Cademartori states that he does not think that the state Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 30f9 has decided if a new Chapter 91 license, and during the site inspection it was not clear that the engineer knew what the preexisting footprint consisted of. He notes that he does not feel he has enough information to make an informed decision and would like to inquire with CZM on this project. Members agree and direct Maxner to request technical assistance from CZM. There being no further questions or comments regarding this matter Johnson moves to continue the public hearing to May 2, 2006. Hayes seconds the motion. The motion carries (5-0). Cont: 10 Avalon Avenue - Repair Existin2 Stone Seawall- Frederic Home Fred Radcliffe of Charles Engineering addresses the Commission and explains that the Commission visited the site and asks if there are any questions concerning the project. Paluzzi asks how they plan to pour the cement. Radcliffe states that they will use forms and vibrate the concrete in and it will settle into and underneath in the gaps. Cademartori asks if they have a sense of the depth of the wall at the base. Radcliffe states that they do not know, noting that he has never seen a veneer proposed as part of a seawall repair. He notes that they will be trying to get reinforced steel rods down into the rock and explained the process. Paluzzi asks how they propose to hold the forms in place. Radcliffe states that they could use blocks noting that whatever they use will be temporary and will be removed when they are finished, but would not want to hold the contractor to this as he may have other ideas on how to set the job up. Hayes asks how much of the project is up to the discretion of the contractor. Radcliffe states that the contractor will decide on how to secure the forms. He also notes that they will be pouring during low tide. Hayes asks how long the project will take. Radcliffe states that it will take a couple of weeks depending on how many workers are on the site and working with the tides. Paluzzi asks how deep the rods will be. Radcliffe explains the drilling process. Maxner states that there are performance standards for the resource area and notes that if there are alternatives how would they comply with the performance standards for the resource area. The Commission reviewed the regulations. Squibb suggests that when a contractor is selected he would like them to come before the Commission and explain the process, noting that the contractor has a lot of discretion. Paluzzi agreed noting that it could be a condition of approval. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this project. Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 40f9 There being no further questions or comments regarding this matter Squibb moves to close the public hearing. Hayes seconds the motion. The motion carries (5-0). Cont. - 44 Prince Street - Reconstruct Sin2le Familv Dwellin2 and Guest House - David Carnevale Bob Griffin of Griffin Engineering addresses the Commission and notes that the Commission held a site visit. He reviews the plans and notes that there are no changes since the last meeting and they have no new information to present. Hayes refers to the demolition plan and asks how much work will be done in the 25-Foot NDZ. Griffin explains that they are proposing to move a portion of the house and repair the patio and remove the existing driveway and pavement and replace it with grass. He notes the areas on the plan that are located within the 25-Foot NDZ noting the driveway connection and the guesthouse. Hayes asks how much of the disturbance is an improvement. Griffin notes that a portion of the driveway is pervious and will be impervious and they will be removing pavement on the southwest end of the site. He states that the overall project is a significant improvement. Hayes asks if there is a willingness to plant shrubs within the 25' NDZ. Griffin states that they are planning on native plantings but they would be amenable to additional plantings if necessary. Maxner notes that Tina Cassidy, Planning Director, and Robert Nelson, Building Inspector, have reservations about the main house being demolished and their reading of the zoning ordinance is that they may be eliminating a non-conforming use my demolishing the main house. She notes that Cassidy and Nelson will be looking further into this. She also notes that it may be more efficient for the Commission to keep the hearing open until this is resolved. Cademartori expresses concern about there being ample room for the project on such a large site, noting that it could be modified so that it is out of the 25' NDZ. Griffin explains the plan and notes that the 25' NDZ is in the front of the building and is being set at the zoning setback line. He further notes that they cannot move it without a variance. Cademartori asks what the flood plain elevation is. Griffin states that it is at 14. Squibb asks if they are removing the septic tank. Griffin states that they are connecting to the city sewer system and will be abandoning the septic tank but keeping the grinder tank that services the guesthouse and explained the process, noting that they will inspect, repair and replace as necessary. Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 50f9 Johnson asks what the setbacks are for the relocation of the house. Griffin states that they are 25 feet in the rear, 30 feet in the front, and 20 feet on the side. Johnson asks if there is any compensation planned for the flood plain. Griffin states that there is none planned, as Land Subject to Coastal Storm Flowage has no performance standards. Paluzzi opened the hearing up for public comment at this time. Jeff Mansfield of 41 Prince Street addresses the Commission and expresses concerns about blasting. Griffin states that at this point in time there is no blasting planned. He also explains that if they find a need to blast it will be addressed at that time. Carl Soeder of 1 Curtis Point addresses the Commission and notes that the applicant was ambiguous about connecting to the sewer at the last meeting and tonight they stated that they are planning on connecting to it. Griffin explains that they will be running the sewer up to Curtis Point and connecting to it, but was not willing to preclude keeping the existing systems. Cademartori suggests that they look at alternatives to the location of the driveway and suggests that they relocate the garage to the area of the new structure and share a common driveway, also that he would like to see a cross section of the proposed guesthouse expansion. Griffin states that this layout works best architecturally. Griffin states that he will address the zoning issue and prepare the cross sections gather high water mark information for the next meeting. There being no further questions or comments regarding this matter Johnson moves to continue the public hearing to May 2, 2006. Hayes seconds the motion. The motion carries (5-0). New: - 37 Prince Street - Landscapin2 - Jim Garrels Maxner reads legal notice. Bill Manuell, Wetlands & Land Management, addresses the Commission. He notes the area on the plans and outlines the resource areas on site, which includes a dune that is a wooded area and fairly stable. He notes that the proposed project is non intrusive to the area and the intent is to create a walking path and no work will be done on the beach. Manuell further explains that the focal point is the creation of a two-foot wide walking trail designed to avoid trees. He also notes that they will spruce up the area by raking leaves and debris and create a formalized path. There will be no change in grade. The work is consistent with the performance standard in a coastal dune. He also notes that there is no known nesting habitat that they are aware of. He also notes that they are meeting the performance standards for dune resource area. He goes onto explain that there is a large area of historic landscape and yard waste where material has been dumped and they are proposing to remove it and re-expose a section of the stone wall. They are also proposing a small sitting area with a bench. He also Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 60f9 notes that they are planning to cut Asiatic Bittersweet at the stump and paint the stump with Rodeo or Round Up and provides an overview of the planting plan. He also notes that some of the work is in the 25' NDZ but it will improve the function and aesthetics of the area. Maxner notes that she visited the site on Friday and took pictures and provides them for Commission review. Paluzzi suggests a site visit. Members agree. Paluzzi opens the hearing up for public comment at this time. Joan Murphy, Longmeadow Road, addresses the Commission and expresses her concern about erosion of the dune. Manuel explains that the very function of a dune is to shift and erode in response to wind and wave action and they are not proposing to alter that function in any way. Rene Mary addresses the Commission and questions if the wildlife in the area would be affected by this project. Manuell states that he does not expect the wildlife to be impacted. There being no further questions or comments regarding this matter Johnson moves to continue the public hearing to May 2, 2006, pending a site inspection scheduled for Thursday, April 2ih at 6:00 p.m.. Hayes seconds the motion. The motion carries (5-0). New: - 783 Hale Street - House Renovations. Gara2e Addition - John Mar20lis Maxner reads legal notice. Bill Manuell addresses the Commission and explains the project and resources found on site, and notes that they are planning on renovating the house and restore the grounds noting that there is BVW restoration also proposed. He also explains that potentially they want to build a detached garage and breezeway at some point in the future. Manuell explains that there will be some cleanup of historic yard waste and debris on the slope above the pond and they will relocate and reuse plant material on the site as well as install a new hedge. He outlines the plan for removing purple loosestrife along the edge of the banks and reestablishing wetland plantings. Manuell reviews the plans and the proposed work with the Commission. He notes that they are proposing slab on grade with a frost wall foundation. He also notes that there is a deck on the southwest side of the house above ground. He also notes that they will be hand digging the holes for the sono tubes and hand mixing the concrete. Manual explains that they will be installing new granite stairs and a lower lawn area for better transition. They will also be removing a telephone pole and plan to install underground electric service. He also reviewed the proposed planting and the location of them. Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 70f9 Manue11l notes that some of the work will be performed in the 25' NDZ and states that they are complying with the Riverfront Area performance standards. He also notes that the house was built prior to 1996 and the alternative analysis is limited to the property itself and the only other area would not comply with zoning. He concludes his comments by noting that there is a lot of beneficial activities taking place on the site and this project will be an overall improvement to the area. Maxner states that she visited the site and took photographs and provides them for Commission reVIew. Cademartori asks how the vegetable garden will be dealt with. Manuell states that they will dig it out and loam and seed the area. Paluzzi asks if they are removing any trees. Manual states that he does not think that they will be removing any trees, however if the garage and breezeway are built they may have to remove some mature shrubs. Squibb suggests that they install pavers in front of the garage if they build it. Manuell states the applicant may be amenable to that idea. Paluzzi opens the hearing up for public comment at this time. Joan Murphy, Longmeadow Road, questions the use of herbicides and whether the residue would get into the soil. Manual explains how Rodeo or Roundup behaves in the environment. There being no further questions or comments regarding this matter Hayes moves to continue the public hearing to May 2, 2006, pending a site inspection scheduled for Thursday, April 2ih at 6:30 p.m.. Squibb seconds the motion. The motion carries (5-0). Orders of Conditions 10 Avalon Avenue - Repair Existin2 Stone Seawall- Frederic Home The Commission discusses special conditions for the project. Paluzzi suggests that the contractor appear before the Commission to discuss the construction sequence prior to the start of the Construction. Johnson suggests that the contractor meet with Amy to decide that and submit a drawing showing the forms and how they will be secured. Squibb notes that he is concerned about the large gaps and how they can ensure they will be filled. Radcliffe explains that they have talked with Northshore Marine but they have not hired them yet. Paluzzi notes that his concern is that the forms are properly secured. Squibb notes that they are waiting on the Army Corp of Engineers and suggests that they come to the next meeting with the contractor rather than put it on Amy to decide. Paluzzi suggests that Amy could meet with them and if she has any questions or concerns then they could attend a Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 80f9 meeting. He suggests that they submit a cross section of the forms and address access issues as to how they intend to stage the job. Cademartori questions what they are waiting for from the Army Corp of Engineers. Maxner explains that they are waiting for written approval noting that a Joint Processing Meeting was held on March 15, 2006. Johnson moves to issue Standard Conditions, and a Special Condition requiring the applicant to submit a cross section and description of the job staging, as well as how the forms will be held in place and access to the job to Amy Maxner prior to construction for review and approval. Hayes seconds the motion. The motion carries (4-0-1) with Cademartori abstaining. Radcliffe suggests that the original Order of Conditions be forwarded to him to ensure it gets recorded properly. OLD/NEW BUSINESS 18-20 Lon2meadow Road - Sebastian Barcelar - EO Action Update Maxner explains that the Commission visited the site and inspected the area in question. Hayes suggests that the Commission get DEP involved in this. Johnson suggests that the Commission send the owner a letter ordering him to cleanup the site or fines may be imposed. He recommended that he clean up the fill and remove the trash from the site and give him 60-90 days to complete the work. Hayes states that he has no faith that the owner will do the work and he is concerned about more damage being done. Maxner states that while the matter is serious she is not sure ifDEP would get involved in this. She suggests that we should spell out the conditions that need to be met and give a date for the completion of the work and note that fines will be issued on a daily basis if the work is not completed. She notes that an enforcement order was issued in December and the owner attended a meeting with the Commission at which the Commission told him to hire a wetlands specialist. The applicant informed the Commission that he could not afford a wetlands specialist at this time. Hayes notes that the Commission has been nice about this and suggests that based on where the Commission thinks the line is tell him what to do and if he does not comply start issuing fines. Cademartori agreed and suggested that the Commission send him a certified letter giving him a deadline and notification that if he doesn't comply the Conservation Commission will start issuing fines. Beverly Conservation Commission Aprilll, 2006 Meeting Minutes Page 90f9 Commission members direct Maxner to issue a letter requiring that significant progress in correcting the violations and complying with their directives must be evident in time for the May 2, 2006 Conservation Commission meeting, or the Commission will begin issuing fines of $100 per violation per day. North Beverly Cemetery Rene Mary reported alleged violations in the North Beverly Cemetery. She also noted dumping on Trask Street and Sam Fonzo Drive. Pole Swamp Lane Cademartori states he was out on the Pole Swamp Lane property this past weekend and they observed several potential vernal pools along the lane and notes it would be worth certifying them if possible. Approval of Minutes The Commission postponed the approval of the minutes to the May 2nd meeting. Adjournment There being no further business to come before the Beverly Conservation Commission this evening, Johnson moves to adjourn the meeting. Hayes seconds the motion. The motion carried (5-0). The meeting is adjourned at 9:45 p.m.