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1999-04-06CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: PLACE: BOARD MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission April 6, 1999 Beverly Public Library Chairman David Lang,Richard Benevento,Jay Donnelly,Patricia Grimes,Dr. Mayo Johnson, Jon Mazuy, Anthony Paluzzi Debbie Hurlburt Florence Sagarino 1. Chairman Lang calls the meeting to order at 7:00 p.m. DETERMINATION OF APPLICABILITY: ~,_. 10 CURTIS POINT/GARAGE AT BUFFER ZONE EDGE/HEALEY Mr. Brad Johnson, representing Thompson Rich states that they want to put a three car garage on the site and that the buffer zone runs through the existing home. He states that the existing garage runs 6-8 ft. away from the buffer zone; that they will be back 5-6 ft. from the buffer zone. He states that they will not be doing any excavation in the back area; that they will back fill and regrade and that there will be no blasting and none of the new structure will be in the buffer zone. He states that there will be some regrading on the edge of the buffer. Chairman Lang asks for questions from members and the public. Donnelly asks if there are any sewer connections, to which Rich states no, becasuse there is a septic system in the rear. Attorney David Peterson, representing Prince Street Realty Trust asks what the garage size will be, to which the applicant's representative states that it will be 12 ft. x 22 ft. Mr. Peterson states his concerns regarding whether the pond is a vernal pool; concerned with the pond draining into the ocean; and what plans are in place to address additional water runoff from the roof. The applicant states that there is no need for drains and that the roof is 840 sq.ft. and that runoff of water will be running into the pond. Chairman Lang states that this is natural topography and he is not concerned with roof runoff. Mr. Peterson requests a site visit with respect to the runoff. Benevento states that this is the natural topography of the land and that the water runs to the pond, which raises only the question of how fast it will go and that the distance to the pond is 100 ft. Peterson requests an Order of Conditions page two be imposed to maintain the amount of water in the pond. Benevento states that the existing structure is 810 sq.ft. and the proposed structure is 814 sq.ft, therefore increased water run-off is negligible. There are no further comments from the public. Mazuy: Move for a finding of a Negative Determination of Applicability ~3 seconded by Paluzzi.All members in favor. Motion carries by 7-0 vote. b. 27 LINDEN AVENUE/SECOND STORY ADDITION/RANDAZZO Mr. Joseph Randazzo presents plans showing the existing foundation which is 55 ft. from the back of the house to the Bass River. He states that the driveway area would be utilized as a staging area and where the dumpster will be located. He will be adding a second floor; that there will be no change in the foundatoin. He presents a plan showing the slope of the land and the back of the house; that no one is opposed to this. He states that the equipment will be in the front of the lot and that there will be gardens in the back. Paluzzi questions what will happen to the material from the old roof to which Randazzo states that they will remove roof directly into the dumpster. He states that there will be no excavaton, that on the left side is an existing foundaton and that there will be no regrading. He further states that there will be no changes to the existing wall. Chairman Lang asks if there was anyone who wished to speak at the hearing. There being none, a motion was made by Jon Mazuy. Mazuy: Motion to move for a finding of a Negative Determina- tion of Applicability~3, seconded by Paluzzi. All members in favor. Motion carries by a 7-0 vote. c. 82 CONANT STREET/CONSTRUCTION OF DECK & ROOM/LORGE Mr. Lorge states to the Board that the entire house is in the buffer zone of the wetlands and that they are requesting to be allowed to build a deck the entire length of the house. The entire length will be 34 ft. ahd will be 19 ft. from the edge of the wetlands. Paluzzi states that he visited the site and states that he observed a stone wall on the bottom of the hill and that this protects him from the resource area. Lorge states that he will not be touching the wall and will only be moving a lilac bush and that he will be 9 ft. to the closest corner. He states that he will be 10-12 ft. off the ground with plenty of room to walk and room to move a wheelbarrel and therefore no need to go into the wetland area. He states that there will be 16 sonar tubes which will be dug by machine. page three Chairman Lang asks for questions from members and the public. There being none, a motion was made by Rchard Benevento. Benevento: Motion to issue a Negative Determination of Applica- bility ~3 with the condition that the fill from the sonar tubes excavation be placed to the side of the building where described, and the rest shall be removed. All members in favor. Motion carries by a 7-0 vote. d. NO. BEVERLY CEMETERY/670 CABOT STREET/LAWN PREP.CITY OF BEVERLY Frank Killilea is present and requests a continuation of this matter on behalf of the City. Chairman Lang reads a letter of request for a continuation until May 4, 1999. Benevento: Motion to continue the matter until 5/4/99, seconded by Mazuy. All members in favor. Motion carries 7-0. 3. RECESS FOR PUBLIC ~E-~RING Paluzzi: Move to go into public hearing, seconded by Mazuy. All members in favor. Motion carries 7-0. 4. NOTICE OF INTENT a. CONT.-L.P. RENDERSON ROAD/T. FORD CO. Chairman Lang recuses himself from the hearing. Tony Paluzzi resumed the Chair. Debbie Hurlburt calls Frank Killilea to explain to the Board what the status is on this matter. Frank Killilea states that they are now moving into Phase 2 of a Study under DEP regulations. He states that the Gurnard property needs further study on the underground fuel tanks; that they need to determine the extent of contamination and prepare them for removal. He states that the work will take at least two months. Ford was not present at this time. Debbie Hurlburt states that she did not receive any formal written extension from Mr. Ford and wants to be sure that Ford is comfortable with the two months. Benevento states that he feels that the Board should grant an extension to the next meeting and if not, he will be required to refile. Mazuy: Motion to accept Frank Killilea's suggestion to continue the matter until the next meeting of May 4, 1999 and that Mr. Ford be informed that he should be present at that meeting, that if the Board has not received a request in writing by that meeting, the Board will close the hearing, seconded by Grimes. Paluzzi,Johnson, Donnelly,Benevento, Grimes and Mazuy in favor. Motion page four carries by 6-0. (Lang recused self) 218 HART STREET/POND RESTORATION/WELLES Debbie Hurlburt states to the Board that she received a call from the project representative Mike DeRosa of DeRosa Environmental. At the last meeting he asked for a continuation due to the need for a site inspection with State and Federal agencies. She states that Agencies went out to the site and states that there was concern from the State regarding the proposal and they were not receptive to some of the proposed restoration. Hurlburt states that DeRosa Environmental is seeking an extension to June 1, 1999. Paluzzi: Motion to continue the public hearing to the June 1, 1999 meeting, seconded by Mazuy. All members in favor. Motion carries 7-0. c. CONT: 90 PRESTON PLACE/LEACH FACILITY/ADDITION & PAVEMENT/ John Warren from Thomas Neve and Associates appears for the applicant and states that there was a site visit two weeks ago and that there are minor revisions to the plan. He states further that there are small changes regarding stone over the septic tanks. Paluzzi states that he would like to see stones over the septic system and that this is to be a 6 inch layer of crused stone. Chairman Lang asks if members or the public have any questions. Mazuy: Motion to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries by 7-0 vote. d. CONT: 453 ESSEX ST/RENOVATON OF FUEL FACILITY/FAZIO, Alexander Takamaris, the engineer representing Fazio Enterprises, updates the Commission since last meeting and asks if there are any questions since their site visit. Chairman Lang asks if during excavation, if the material will go to on roll-off, to which the engineer responds in the affirmative. Lang also states that at the last meeting a concern of one of the neighbors was regarding a fence and also cleaning up along the brook embankment. John Murray, Ward 6 Councilor states that the neighbors are concerned about the fence and also opposed to any additional lighting. Benevento states that lighting is not within their jurisdiction. The Commission may be requiring a fence to keep the debris out of the resource area. Mazuy suggests that perhaps this should page five be part of the conditions; that the applicant clean along this area. Karen Tassinari, an abutter, states that she would like to see a fence installed due to the amount of trash that is generated. She states that there is a waste receptacle there and would like to know to whom it belongs and who is responsible to empty it. Chairman Lang states that it probably belongs to DPW and will make a note to mention this to them. Lang asks if there is any other person who would like to comment on this proposal. There being none, a motion was made by Jon Mazuy. Mazuy: Motion to close the hearing, seconded by Paluzzi. All members in favor. Motion carries by 7-0 vote. e. CONT: 133 COMMON LANE/HOUSE CONSTRUCTION/WICKERS Elizabeth Wallace of Hayes Engineering appears before the Commission representing the applicant and states that they are proposing a single family house in the buffer to a bordering vegetated wetland and also a driveway and grading. She indicates that the wetland is represented as a green area on the plan; an existing stream is shown as blue, which lies adjacent to the site. She states that there has been a site walk and that Hayes is revising their plan according to Commission concerns. She states that they have added a grass swale along the driveway into a rip-rap swale to further lead into the stream. She states that there will be some excavation during the construction of the swale and then presents plans to the Commission. Mazuy questions whethere there is a vernal pool and if this is part of the property. Mazuy asks clarification as to whether it is a pond or pool. Wallace states that the wetland goes back to connect to the street. She states that this is not a certified vernal pool. She states to the Commission that there might be some blasting on the hill. Paluzzi asks for calculations for runoff, to which Wallace responds that the calculations as to the runoff on the driveway is .85 inches per second based on a 100 year storm. Chairman Lang asks for questions from members and the public. John Murraty, Ward 6 Councilor states that this is not a certified vernal pool, but there are many frogs in the pond, and water is always flowing in the brook. He questions the setback from the road to which Wallace responds that it is about 200 ft. Chairman Lang states that he has a concern about the intermittent six stream relationship with the pond and would like to continue the hearing until the next meeting so that he can go to the site again and further assess the resource area with the information. He states that he would like to make sure that there are no other wetlands in this area. Mazuy and Benevento express their wish to do a site visit. Wallace states that she would be agreeable to that and they have been expressing concern that it may be a permanent stream. She states that this is not shown on the USGS map. There being no further questions, Jon Mazuy motions to continue the hearing. Mazuy: Motion to continue the hearing until May 4, 1999, seconded by Johnson. Members in favor, Lang,Grimes, Johnson,Benevento and Mazuy; Donnelly opposed. Motion carries 6-1. The Commission agrees to conduct a site visit on Saturday, April 24, 1999 at 8:30 a.m. NOTICE OF INTENT: L.P. HENDERSON RD/MINI STORAGE FACILITY/T. FORD CO. Chairman Lang recuses himself from discussion on this matter. Mr. Ford appears briefly and informs the Commission as to where he is regarding State reviewing Phase II. Frank Killilea has stated that the work will not be done by June 1, and that he will be able to come back on June 1, but has nothing more to report at the present time. Debbie Hurlburt explains to Mr. continue the matter until May 4 if he would request more time. Ford that the vote was to and states that it sounds as Mazuy indicates that the previous motion could be amended that Mr. Ford does not have to appear before the Board on May 4, 1999. Benevento: Motion to continue the hearing to June 1,1999, seconded by Mazuy. All members in favor. Motion carries 6-0. (Lang recused self) f. 3 MORGAN'S ISLAND ROAD/DECK CONSTRUCTION,W/~LL & PATIO/ DIONNE Patricia Grimes recuses herself from the hearing. Gary Dionne appears before the Commission and states that he wishes to build a patio on the ground level at the rear of his property. He will have a 2 ft. high wall and there will be sonar tubes filled with concrete at the base. page seven Paluzzi questions the northeast corner of the deck and asks how close this will be to the wetland area and the width of the area, to which Dionne responds that the deck is about 2 ft. from the proposed wall and that the nearest water is about 8-9 ft. away. He states that there are some trees with large roots and that the water is beyond that point. Paluzzi states that he and Chairman Lang had visited the site. He questions whether the excavation will be done by machine or by hand, to which Dionne responds that it will be done by hand. Dionne further states that there will be fill located at the front of the house and that stones will be piled under the porch. Jay Donnelly questions if after building, how will he drive any tractors, lawn mowers, etc. around without going into the wetland area, to which Dionne responds that there is no need to go in the back as it is not useable land. He states that there will be no lawn around the deck. Benevento asks if there are any existing Order of Conditions on this to which Chairman states that the subdivision had a superseding Order of Condition from DEP on the lots. Mazuy questions runoff fromthe roof to which Dionne responds that it flows straight down; there will be no gutters. The Commission discusses whether they should do something about the superseding Order of Conditions and whether DEP has jurisdiction; therefore, Chairman then questions whether they can issue an additional Order of Conditions. Benevento feels that DEP may have jurisdiction over the site. The Comnmission has discussion as to whether they should get a determination onthe Order of Conditions from DEP. Debbie Hurlburt suggests calling DEP and will also check on the expiration of the developer's superseding Order of Conditions. Hurlburt will be communicating with Dionne on the status of the Order. Mazuy: Motion to continue the hearing until May 4, seconded by Benevento. All members in favor. Motion carries 6-0. (Grimes recused from the hearing). g. NEW: 204 GREENWOOD AVE/SITE PREPARATION FOR PLAYGROUND EXPANSION/NORTH SHORE NURSERY SCHOOL Appearing for the N.S.Nursery School were Nicole Reeves, Mary Ann Lynch and Diane Kanan, President of the school. Ms. Reeves states that since 1984 there have been changes in the playground regulations and in order to build it up to standards, they need to remove the equipment or take it away. She states that they want to keep the present equipment and that they need additional room around each piece of equipment. She states that there is a chain link fence and they will remove page eight this. Benevento questions the grading. Ms. Reeves states that this is a flat area and there will be a minimal amount of grading. She states that they wish to add 1 ft. to 18 inches of grade and leave it for additional playground area. Benevento questions the width in the southeast corner to which Reeves responds that it is 5-6 ft., grassy and fairly open space. She states that the surface is what is considered a safety surface, pourous and green in color, which is compatible with what is already there with some slight modifications, which would be astro turf. The Chairman questions drainage and suggests that the applicant submit to the Commission what they intend to do. He states that he has a concern about draining directly into the brook and would like to know where the drain pipes will be discharging and how they will discharge. Paluzzi request from the applicant placing stakes in the area to be expanded prior to the Commission making a site visit. Chairman Lang asks if there was anyone in attendance that would like to comment on this proposal, hearing none, Chairman Lang suggests a site visit for Saturday, April 24 at 9:30 a.m. Benevento: Motion to continue the hearing until May 4, 1999, seconded by Mazuy. All members in favor. Motion carries 7-0. h. 38 PAINE AVENUE/MODIFICATIONS TO ORDER OF CONDITIONS/SEELIG Present are Richard Johnson and John Dick who state that their existing Order of Conditions call for filling in two areas of a coastal bank to stabilize it to control erosion on site. He states that they have reviewed the area and presents photos to the Commission of the locus and describes what is represented in the photos. He states that they have authorization to do 55 lin. ft. of fill, and would like to extend this to 300 ft. He further states that the Order of Conditions presently call for filling with gravel and planting beach grass. They would like to lay 12 inches of jute fabric and more stable plantings. Benevento asks if it is the same methodology and why not modify the existing Order; to which Seelig responds that the original Order was to place gravel and they now want to layer by terracing the bank and place more jute. John Dick, Hancock Survey states that CZM came in originally to review the construction methodology and had specific requirements. Mr. Dick stated that the alternative was this type of terracing methodology and then pointed to 3 gullies on the sige where the owner has cleaned out all the material and the banking is now unstable, therefore the jute mating is there temporarily until it is filled in. He states that DEP has no problem with this. page nine Debbie Hurlburt requests that John Dick speak on the issue of the slope, and explain this further to the Commission. John Dick states that originally it was to be a 3-1 slope with just 2 areas being filled in; the new proposal seeks to extend the bank throughout the area. Hurlburt states that she has spoken to Rebecca Haney and that she has a problem with a 1-1 slope and that she would recommend that the top of the slope be extended back further on their lawn at the top of the slope. John Dick and Johnson state that they do not want to remove the top of the bank and they would be placing rapid growing plantings and state that they will fill in the surface of the slope within 3-5 years; that there will be a maintenance program in place. Johnson states that the life of the jute is approximately 18 months, depending on the weather, as it is a natural material. They would like to get them in as soon as possible after approval by the Commission. He states that the beach grass should be planted now. Chairman Lang asks for further questions from the members and the public; hearing none, asks the members for a motion. Mazuy: Motion to close the hearing, seconded by Paluzzi. All members in favor. Motion carries 7-0. 6. CERTIFICATE OF COMPLIANCE a. 7E OBER STREET/AVALLON/DEP FILE ~5-499 Debbie Hurlburt updates the Board members and states that she has visited the site and has found it to be very stable. She states that the grass meets with her approval and that she would recommend that it receive a Certificate of Compliance. Mazuy: Motion to issue the Certificate of Compliance,seconded by Benevento. All members in favor. Motion carries 7-0. b. FRANK KILLILEA/UPDATE ON AGREEMENT WITH BETA ENGINEERING/ WETLAND DELINEATION Frank Killilea updates the members on the compost facility at Standley Street. He states that the City is waiting to receive the maps before they can talk about specifics. He states that a possible consideration would be to have a limited period of every other day, three hours a day to allow residents who need to get rid of yard waste. He states that the City has no other alternative but to allow deposit of debris on a limited basis,. They feel that they don't want to wait until 4/19/99 for the curb pickup and that this will give residents some relief until then. page ten The Commission asks questions as to how this would be policed to ensure that people are depositing their waste away from the wetland; how much are they allowed to bring in; will they be away from the front area where there is standing water and would the City be liable for any material brought in that is not allowed to be dumped, such as plastics. Chairman Lang states that he feels that DPW should be monitoring the waste being dumped. Killilea explains to the Board the restrictions that will be in place at the site, such as, only cars will be coming in with waste and that no trucks be allowed except with a pass. He states that JRM should have a gatekeeper and run the program for three hours a day every other day. He states that he feels the delineation of the wetlands should be complete within a week. He states that their plan is to pull back the material from the edge of the wetland to 25 ft. and stabilize up to the work area of the compost site. David Hofenberg, 2 Thomas Rd. states that he feels that the area cannot be adequately monitored and feels that residents can put anything they want in there and feels that only one monitor on site is not sufficient. Gail Hofenberg, 2 Thomas Rd. addresses the odors coming from the site which she stated are very offensive. She states that she cannot open her windows in the warm weather because of the odor. She states that she has had rats in her garage which she feels are coming from the site. Chairman Lang states that the Board's concern is with the wetland area, and that this is a wetland matter, whereby they have to file a Notice of Intent to be in the wetland area. Chairman asks if the members have any further questions and also questions from the public. Benevento: Motion to remove the restriction of no use of the compost facility pending delineation of the wetlands in the field by the City's Engineering consultant, and that the area outside of the 100 ft. buffer zone be designated for use by Beverly citizens for temporary yard waste area for disposal of yard waste. This approval is restricted to residential vehicles only for every other day up to three days per week, and up to three hours per day, and that all material coming to the site shall be monitored for compliance relative to accepted compost material. The Chairman and several members will visit the site to approve the demarkation of the limits of the compost area which will be delineated with silt or snow fence. Pick-up trucks are allowed only one load per day, seconded by Paluzzi,Land, Grimes,Johnson, Donnelly. Motion carries 6-1. Mazuy opposed. page eleven 7. OLD/NEW BUSINESS: a. EMZRGENCY CERTIFICATION/43 WATER STREET/KINZI Susan Kinzi appears before the Commission and states that they have lost 3 pilings due to wind storms. Ms. Kinzi is concerned because this dock houses the fuel tanks and they would like to replace the 8 pilings with 6 new pilings so no spill could occur. She presents a diagram showing where the pilings will be located. She states that the docks are currently being held in place by chains. They are hoping to have the work done this week. She states that there are gas lines under the dock and that DEP has stated they have no problem with the plan. She states that the pilings will be removed by barge and replaced with steel pilings. Chairman Lang asks if members have any questions and if the public has any questions. Mazuy: Motion to grant the Emergency Certification as submitted, seconded by Paluzzi. All members in favor. Motion carries 7-0. 5. ORDER OF CONDITIONS; c. 90 PRESTON PLACE/MAHAN Mazuy: Motion that Standard Conditions be issued, seconded by Paluzzi. All members in favor. Motion carries 7-0. 453 ESSEX STREET/FAZIO Benevento: Motion that Standard Commission Conditions plus: site as necessary, seconded by Paluzzi. by 7-0 vote. A 6 ft., vertical solid board fence be installed along the perimeter of the site at the top of the bank adjacent to the edge of pavement. This fence must be placed behind the entire building. The property shall be cleared of all trash and debris including the bank and stream prior to commencement of activity. The owner or lessee shall clean up embankment and stream once a month in perpetuity; and The applicant shall replace existing 6 inch curb with a new 6 inch bituminous curb along the rear perimeter of the All members in favor. Motion carries h. 38 PAINE AVENUE/MODIFICATION TO ORDER OF CONDITIONS/SEELIG Benevento: Motion that Standard Conditions they were issued shall remain in effect, seconded by Mazuy. All members in favor. Motion carries by 7-0 vote. page twelve 8. APPROVAL OF MINUTES a J__ February 22, 1999 Benevento: Motion to hold acceptance of Minutes until the next meeting of the Commission, seconded by Paluzzi. All members in favor. Motion carries by 7-0 vote. b. March 16, 1999 Benevento: Motion to hold acceptance of Minutes until the next meeting of the Commission, seconded by Paluzzi. All members in favor. Motion carries by 7-0. 9. NEW BUSINESS: a. Mail: Debbie Hurlhurt - discussion on vegetation management plan for N.E. Electric. b. Regulations: The Commission should start looking at the By-laws and perhaps set up a sub-committee and move along with the review. c. Reminds the Commission to review the Minutes of the Executive Session which took place on 2/22/99 and note any revisions or changes. d. New Polict on Buffer Zones. 10. ADJOURNMENT: Mazuy: Motion to adjourn the meeting seconded by Benevento. All members in favor. Motion carries 7-0. Meeting was adjourned at 10:00 p.m.