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2011-06-28CITY OF BEVERLY PUBLIC MEETING MINUTES Date: June 28, 2011 Board: Conservation Commission Members Present Chair David Lang, Vice Chair, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb Members Absent: Mary Reilly Others Present: Amy Maxner — Environmental Planner; Katelyn Merrill (new member not yet sworn in) Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex, Street Beverly, MA. REQUESTS FOR DETERMINATION OF APPLICABILITY Cont: 10 Eleanor Avenue — Construct retaining wall and install fence — Joan M. Gallagher Joan Gallagher is present at the meeting. Gallagher addresses the Commission and explains that she is proposing to construct a retaining wall to help abate erosion occurring around her house foundation, back yard and at the base of several perimeter trees whose roots are starting to be exposed. She also explains that she is proposing a stockade fence to be installed along the easterly and northerly property boundary, and will be within the 25' NDZ to Coastal Bank. She reviews the plans with the Commission and notes that the locations of the proposed project elements are highlighted in yellow on the survey plan. Gallagher explains that the work will take place within 100 -Foot Buffer Zone to Coastal Bank and 200 -Foot Riverfront Area to Danvers River. The applicant is willing to install enhancement plantings as mitigation for the fence incursion into the 25' NDZ, and believes the retaining wall will go a long way to abate the erosion of soil that will eventually compromise existing trees and vegetation. She also notes that she is proposing a stockade fence to gain privacy, prohibit trespassers and limit liability. Maxner states that members of the Commission visited the site as their schedules allowed and asked members to report their findings if any. Lang reports that he visited the site and notes that there is a fairly steep hill, noting that the project is doable however he would like to see more detail as to how they are going to install the retaining wall. He suggests that the contractor for the project draw up a plan on how it is going to be done noting details such as the length and width of the wall and elevations. He explains that the Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 2 of 10 Commission will need a drawing. He suggests a plot plan showing the location of proposed retaining wall and detailed specifications. Maxner states that she worries about abating what is causing the erosion. Gallagher states that it is a City issue explaining the location of the paper street and that street plowing is ends up stockpiled there. Gallagher states that she will get the specifications of the project as requested by the Commission. Maxner suggests that some vegetation be planted along the edge of the pavement. Gallagher notes that the pavement stops toward the right of way for the paper street. Lang suggests that the Commission continue the matter to the next meeting of the Commission on July 19, 2011. Johnson questions if the most distant part of the stockade fence is located in the No Disturb Zone. Lang notes that any encroachment will have to be mitigated. Gallagher states that she understands that and she has a list of plantings that would be appropriate. Lang explains that mitigation would have two purposes that being to naturalize the lawn area as well as abate the erosion. He recommends that Gallagher look at the species that she proposes to plant and be sure that they will do the job. Lang notes that small shrubs may help as well as a fence. Lang asks if there are any public comments. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Johnson moves to continue to July 19, 2011. Paluzzi seconds the motion. The motion carries 5 -0. Cont: Mass. Bay Commuter Railroad — Renew Wetland Delineation — TEC Associates c/o Kyle Fair Kyle Fair is present for the applicant. Fair addresses the Commission and explains that they are proposing to spray 10 feet on center at the culvert on West Street as prescribed by Maxner's site inspection with his colleague and MBTA representative. He explains that the maps have been updated and noted areas on the plan, which are now official maps per that change. Discussion ensues regarding the Boyles Street crossing, Maxner noting that she also made measurements at that site, and no changes were made to the spray zone at that location. Lang asks if there are any comments from the public. Peter Johnson of 677 Hale Street addresses the applicant and urges MBCR to remove limbs along the right of way, noting that they trim and drop them but never removed them. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 3 of 10 Fair notes that MCBR has a new foreman and he will mention that to him. Maxner informs the Commission that the applicant is seeking a Negative Determination 5 noting their exemptions per the Regulations for this application. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 5 Determination for Mass. Bay Commuter Railroad — Renew Wetland Delineation. Johnson seconds the motion. The motion carries 5 -0. New: 30 Foster Street Subdivision — Correspondence from Camp Mitchman & Neighborhood Group Maxner explains that the Commission has received a letter from the Camp Mitchman and the neighborhood group expressing their concerns about flooding and drainage for a proposed subdivision in the vicinity of 30 Foster Street. Joe Boccia addresses the Commission on behalf of the group and explains that they believe some of the work involved with installing "Catch Basin 1 and 2" and associated piping as noted on the plan does fall within the 100 -Foot Buffer Zone to wetlands across the street. They are asking that the Commission require the developer to file an RDA so a determination could be made as to whether the work is in the buffer zone. Boccia explains the history of the proposal noting that the project was originally proposed in 2005- 07 and the City denied the project. He also notes that the project never came before the Commission. Boccia reported that since he wrote his letter to the Commission the bank has taken the property back for auction. Maxner explains that the Planning Board denied the project and the applicant appealed it. She explained that a Superior Court judge has approved the plan and remanded it back to the Planning Board. She explains that she is not sure of the ownership status at this time. She suggest that the Commission could request that whoever picks this back up be required to file an RDA to be sure of the wetland delineation. Lang cautioned that the jurisdiction of the Commission could be a fine line, noting that the discharge or if work is out of the buffer one the Commission has little to say until and unless they impact the buffer zone. Lang suggests that the Commission visit the site. Maxner agrees noting that the Commission will be scheduling additional site visits as the evening goes on. Lang suggests that the Commission continue the matter to the July 19, 2011 meeting. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to July 19, 2011. Johnson seconds the motion. The motion carries 5 -0. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 4 of 10 New: 101 West Street, DEP File #5 -989 — Michael Hubbard Maxner explains that she has not had time to visit the site and that the matter needs to be continued to the July 19, 2011 Conservation Commission meeting. Glidden moves to continue. Paluzzi seconds the motion. The motion carries 5 -0. Discussion with Martin Plecinom 34 Fosters Point — Re: Order of Conditions, DEP File #5- 1055 Martin and Amanda Plecinoga are present at the meeting. Lang and Glidden recused themselves from discussion of this matter. Maxner informed the applicant that Commission did not have a quorum of members present this evening to discuss this matter. The applicant requests that he be allowed to address the Commission members who are present. The Commission members allow Plecinoga to address them. Maxner explains that the Commission issued an Order of Conditions at the last meeting to tear down a back porch, build an addition at the back of the house and construct a new deck off of the new addition all closer to the river than existing conditions, noting that the work is to take place within 200 -Foot Riverfront Area, 100 -Foot Buffer Zone to Coastal Bank and Salt Marsh, and Land Subject to Coastal Storm Flowage. Plecinoga addresses the Commission and explains that he has some concerns about the conditions placed on his project by the Commission. He notes that footings for his proposed deck would be landward of the 25' NDZ but he wanted his deck to cantilever over the plane of the 25' NDZ, which the Commission disallowed under the Order. Paluzzi notes that Plecinoga mentioned at the last meeting that his deck would be canter levered and that is not allowed in the NDZ and suggests that he rethink his project. Plecinoga states that he wants to increase the size of his addition, and he also eventually wants to construct his outdoor sitting area and is asking what the Commission's vision of mitigation is for that encroachment Plecinoga states that he has procedural questions regarding the location of the erosion control for the project noting that special condition special conditions are restrictive. He reviews the Conditions as follows: The erosion controls (i.e. entrenched silt fence) shall be installed at the limit of the 25 -Foot No Disturbance Zone or landward there from and inspected by the Conservation Administrator. He wants that condition to change to allow his lawn to be used for materials storage during the work and does not think there will be impact to the 25' NDZ which is currently lawn. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 5 of 10 2. This Order of Conditions prohibits the incursion of any part of this project into the 25 -Foot No Disturbance Zone, including any part or supporting structures related to the proposed deck. Storage of any project related materials shall be landward of the erosion controls; stockpiling of excavate, construction materials or other work - related debris is also prohibited within the 25 -Foot No Disturbance Zone. Johnson suggests that Plecinoga submit a new plan showing what he wants to do that is different from the approved plan. Plecinoga states that the Beverly Ordinance is more strict that the State regulations and believes that the Ordinance takes away a homeowner's right to use his property. Maxner notes that the average homeowner cannot afford or refuses to hire engineers and consultants to prepare their plans, and she as the Conservation Administrator inadvertently serves as a consultant to assist people with their projects and it is wholly inappropriate for her as the Administrator to be doing that. She feels that is happening in this instance. She explains that Mr. Plecinoga has an avenue per the Regulations to pursue his project as he envisions it but the project will need address the waiver criteria for incursion into the 25' NDZ. Amanda Plecinoga asks if the Commission can provide some indication as to what their vote would be and what type of mitigation will be required. Johnson states that he will object to further encroachment of the 25' NDZ. Maxner suggests that Plecinoga take another look at the plans and look at how he can improve the resource area in addressing the waiver criteria. Plecinoga states that he is frustrated with the process and is disappointed that the Commission will not provide assurances to him that his project can move forward. Squibb notes that is not the Commission's role and it would lead to conflicts of interest and unfair to other applicants as the Commission needs to stay neutral and objective in its evaluations. No action was taken on this matter. New: 675 A & B Hale Street — Ralph Vogel & Ernest L. Godshalk III Lang and Glidden return to the meeting at this time. Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin addresses the Commission and states that the application is a straight forward project which involves extending public water and sewer to the existing residences at 675 Hale Street A & B and the work is to take place within the 100 -Foot Buffer Zone to Inland Bank and BVW, and the 25' NDZ to the Vogel Pond. He explains that some of the trenching will be within the existing paved Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 6 of 10 access driveway and other sections will be off the shoulder within a couple feet of the BVW and the bank of the pond. Griffin states that they are proposing hay bales and a silt fence will be installed on both sides of the dewatering basin and explains the details of the basin. Griffin explains that they tried to minimize the work that is proposed in the buffer zone, noting that there is no practical alternative. He states that this will be a short project lasting two or three days and they will restore and groom the area to its original state. Griffin explains that 675 D Hale Street want to tie into the new water line as well but was not included on this application and he will resubmit a revised NOI to add D. He suspects the Commission may want to conduct a site inspection anyway. Lang suggests that the matter be continued to the next meeting and a site visit be scheduled. Lang asks if there will be any stockpiling of materials on the site. Griffin explains the location on the plan that they intent to use for stockpiling noting that the proposed trenches are not large and there should be very little material on the site. Lang opens the hearing up for public comment at this time. Joan Johnson of 677 Hale Street addresses the Commission and expresses her concern about how far apart the water and sewer pipes would normally go. Griffin explains that it is normally 10 feet is needed between these pipes but due to the tight space, there is about 5 feet of separation but the pipes will be double - sleeved. Johnson states that she is concerned about blasting for the project as well, noting that she has water issues in her back yard and she is concerned that additional blasting will aggravate flooding in her yard. Griffin notes that they hope that minimal bedrock will be encountered and that hammering will be the option for removing ledge. There being no further questions or comments regarding this matter, Paluzzi moved to continue the public hearing to July 19, 2011 pending a site visit for Saturday July 16, 2011 at 9:30 a.m. Johnson seconds the motion. The motion carries 5 -0. New: 7 Shannon Lane — Gregory & Kim Woods Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the applicants are proposing to construct an addition off the rear of the house where a deck currently exists, extensive landscaping, removal of trees, hard scaping including a boulder retaining wall, planting of trees and relocation of outdoor storage shed. He notes that there was a stormwater detention basin that was built for the subdivision but that it has naturalized to BVW, which was fully delineated by his wetland scientist. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 7 of 10 Griffin notes that the applicant has submitted a memo from Eastgate Garden Design outlining the planting plan for the backyard garden that will incorporate a variety of native species. He reviews the proposed plantings with the Commission and the proposed locations on the plan. He notes that this will be a significant improvement to the property. Lang states that he thinks that this is a great project that results in improvement to the Buffer Zone. Discussion ensues regarding plant species and locations and locations of hard scaping. Griffin notes that no work will be within the 25' NDZ. Maxner asks if the planting beds are replacing the lawn area. Griffin states that for the most part they are. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Glidden seconds the motion. The motion carries 5 -0. New: 44 Boyles Street — Matthew & Kari Kavanagh Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the applicants are proposing to install an in- ground pool, patio with infiltration trench, drywell, pool equipment, landscaping and perimeter fence within the 100 -Foot Buffer Zone to an Isolated Vegetated Wetland regulated under the Beverly Wetlands Ordinance only. He notes that the work is outside the 25' NDZ and within existing lawn area, and is fairly straightforward project. Griffin explains that the pool equipment will be stored under the porch and pool backwash will discharge into the dry well. He explains the locations on the plans. Lang questions where the roof runoff will go. Griffin explains that it will drain to the patio and into the dry well. He explains that there is a slope to the patio designed to discourage all of the water runoff going into the drywell. Maxner suggests that erosion control measures be installed for the skirt to the detention basin. Griffin agrees. Lang opens the public hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hear. Paluzzi seconds the motion. The motion carries 5 -0. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 8 of 10 New: 357 Hale Street — Applicant MacGregor Building & Remodeling, Inc.; owner Colin Angle Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the applicant is proposing to construct a detached garage, hardscape an existing patio area, and perform coastal bank stabilization. He explains that the coastal bank is a rocky granite face that has experienced some collapse in the past couple of months leaving the bank undercut in some area and rocks are falling into the ocean. Griffin explains that they are proposing angular quarry stone rocks and explains how they will be placed on the site. He notes that the jetty off of Dane Street has the same basic type of design. Griffin explains that the proposal involves installing a rock revetment to shore up the undercut areas that have collapsed in the past few months, and work will take place within Land Subject to Coastal Storm Flowage, Rocky Intertidal Shore and Coastal Bank. He explains that a small generator will be stored in the garage structure at the end of the driveway. He notes that work will take place in the 25' NDZ and reviews the planting plan for the grass patio and mitigation plantings on the Coastal Bank. He also notes that a stone patio is proposed and they are proposing to reduce the existing wall height by a foot and install a fence on top of it. Lang asks if any work has started on the site. Griffin states that they have done some renovations to the house, noting that they have installed erosion control on the site. Maxner states that she would like more information on the standards for the rocky intertidal area. She also questions what the surface of the stone revetment will be. Griffin explains that it should be reasonably flat if the stones are carefully placed. He explains that they will be using 2,500 -pound stones measureing 2.5x2.5x2.5 for a total of about 5,000 yards of stone. Rocky intertidal shore standards are reviewed. Discussion ensues regarding construction methods the size of the stones and how the interstitial voids will be stabilized. Maxner asks what type of equipment will be used for the project. Griffin states that they will probably use a machine excavator with a thumb bucket and a crane with a gravel type bucket. Maxner suggests that the Commission may want to visit the site. Merrill asks if the stone revetment is in the velocity zone. Griffin states yes, but he suspects that wave velocity should not be a factor in the success of the project. Lang notes that it is a high velocity area. Griffin states that he will be onsite for some phase of the project. Maxner states that she would feel more comfortable with Griffin on site. Lang agrees. Griffin states that he will visit the site daily during the critical phases. He estimates that the project should take about two weeks. He also states that he routinely does periodic inspections and reports on projects. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 9 of 10 Lang opens the public hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hear. Johnson seconds the motion. The motion carries 5 -0. Orders of Conditions 44 Boyles Street The Commission discussed possible conditions for the project. Paluzzi moves to issue Standard Conditions the following Special Conditions: The erosion control shall be extended along the northern edge of the detention basin to the limit of the 100' Buffer Zone. 2. Pool backwash shall be directed /connected to the drywell as depicted on the approved plan, this connection is not optional but a requirement of this approval. 3. Photo documentation of physical installation of the drainage /drywell structures and there connections to the pool filter for backwash capture shall be submitted to the Commission for its file. 4. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Johnson seconded the motion. The motion carried 5 -0. 357 Hale Street The Commission discussed possible conditions for the project. Paluzzi moves to issue Standard Conditions the following Special Conditions: 1. As compensatory mitigation for work proposed within the 25' No Disturb Zone, a revised planting plan shall be submitted to the Conservation Agent prior to work commencing for review and approval that adheres to the following specifications: a. The plantings shall be expanded to extend up to the limit of the top of coastal bank; b. Not less than 50 shrubs shall be installed within this area; c. Additional native species, to increase plant diversity, shall be incorporated into the plant schedule; 2. This planting area shall not be manicured or maintained, but left to naturalize. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. The project engineer shall attend the pre - construction meeting described in Standard Condition # 15. Beverly Conservation Commission June 28, 2011 Meeting Minutes Page 10 of 10 4. Any imported stone to be used in the revetment wall shall be clean, free of dirt, sand and debris. 5. As prescribed by the project engineer, the stones to be used in the revetment wall shall be 2 '/2 x 2 '/2 x 2 '/2 in size on average. 6. The project engineer shall be on site at the beginning of wall construction and shall monitor and supervise construction activities on a periodic basis there from. The engineer shall provide photos and progress reports as construction progresses to the Commission for its files (electronic submissions are acceptable). Glidden seconded the motion. The motion carried 5 -0. OLD / NEW BUSINESS National Grid Proiect Maxner reported that George Hall has informed her that his firm is involved with National Grid and their appeal of the Conservation Commission decisions. She states that City Solicitor Roy Gelineau has recommended that the Commission hire Atty. Chip Nyland to represent them. She explains that Atty. Nyland has been representing the City on the Beverly Port Marine case and is highly recommended for this. Paluzzi moves that the Commission contract with Atty. Nyland to represent the Commission in action by National Grid regarding 44 -46 River Street. Squibb seconds the motion. The motion carries 5 -0. Expenditure Approvals Maxner notes it's time to renew the Commission's MACC annual membership. Dues are $444.00 (this includes all 7 members and me as your staff person), and that it is time to renew the Commission's Essex County Greenbelt annual membership. Dues are $100.00, as it was last year. Paluzzi moves to authorize the payment of the two membership dues as described by Maxner. Johnson seconds the motion. The motion carries 5 -0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on March 15, 2011 were presented for approval. Glidden moved to approve the minutes as amended. Paluzzi seconds the motion. The motion carried 3 -0 -2 with Squibb and Lang abstaining. Adiournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 5 -0. The meeting adjourns at 10:10 p.m.