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2005-03-22. City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: March 22, 2005 Place: Beverly City Hall, 191 Cabot Street Board members present: ChairmanDavid Lang, Linda Goodenough, Ian Hayes, Dr. Mayo Johnson, Anthony Paluzzi, William Squibb Board members absent: Others present: Amy Maxner, Environmental Planner Recorder: Amy Maxner Chairman Lang calls the meeting to order at 7:00 p.m. REQUEST FOR DETERMINATION OF APPLICABILITY New: Cummings Center/Lower Shoe Pond – construct concrete walkway/stairs - Beverly Commerce Park Maxner reads the legal notice. Mike Ferrell represents the applicant. This project is for the construction of a concrete walkway and stairs connecting McKay Street to the public walkway at the southern end of Lower Shoe Pond. He explains that the plan has changed slightly and provides a revised plan for members to review. He states that the changes resulted from comments provided by the Chairman of the City’s Disabilities Commission, and the stairs have been eliminated in favor of a gentle sloped pathway/ramp accessible to wheelchairs. He explains that the location of the walkway was shifted to accommodate the slope needed, and it now will meander through the picnic area. Lang asks how the walkway will be surfaced. Ferrell responds with bituminous concrete. Lang asks how excavation will take place. Ferrell states that it will be done mostly by hand with some use of small equipment. Maxner conducted a site inspection and provides photos and measurements of the area for members review. Lang asks if there are any further questions from members. There are none. Conservation Commission Meeting Minutes March 22, 2005 Page 2 of 12 Paluzzi moves to close the hearing and issue a Negative #3 Determination for Cummings Center, seconded by Hayes. All members are in favor. Motion carries 6-0. New: 9 Orchard Street – replace roof, replace clapboards with vinyl siding – Robert Laughlin Maxner reads the legal notice. Robert Laughlin is present to discuss the project. He is proposing to place a temporary covering over the Lawrence Brook in order to protect it from debris related to replacing the roof and clapboards on the existing house. The house is directly adjacent to the brook, and debris from this work would easily fall into the brook. Maxner conducted a site inspection and provides photos of the area for members review. Lang states that due to the flashy nature of the brook, he would not recommend the proposed plywood covering. Discussion ensues about alternative protective measures for the brook. Laughlin states that he will be willing to do what the Commission suggests. Lang asks if there are any further questions. Peter Reed, 108 Hale Street, states that he is a direct abutter to the subject property and has not provided permission to Mr. Laughlin to come onto his property to erect this structure. Laughlin states that his lawyer has been working to address the survey issues with Mr. Reed. Lang states that this is a private property issue that the Commission does not get involved in, and that the Commission has no jurisdiction to dictate private property issues of this nature and encourages Laughlin and Reed to work it out between themselves. Paluzzi states that it is advisable for Laughlin and Reed to work this issue out as he would imagine that improvement of 9 Orchard Street could only benefit surrounding property values, but that it is not a wetlands protection issue. A brief discussion ensues concerning options for protecting the brook from falling debris related to the work. Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1) Pipe staging shall be erected along the bank of the brook at the rear of the house to ensure the tarp and plywood dividers protecting the entire width and length of the brook are at least 3 to 4 feet above the brook. 2) A work sequence/construction schedule including a sketch of proposed pipe staging shall be submitted to the Conservation Agent prior to any work beginning. 3) During any previously forecasted heavy rain event, the pipe staging and Conservation Commission Meeting Minutes March 22, 2005 Page 3 of 12 and tarp/plywood shall be disassembled. 4) An orange snow fence shall be placed within the brook perpendicular to the channel at the downstream edge of property in order to catch any errant debris that might escape into the brook, and shall be cleaned out periodically of any trapped debris. 5) The applicant shall notify the Conservation Agent at least 48 hours prior to any work commencing to allow for a pre-construction meeting to be scheduled. The Agent shall inspect the site to ensure the above special conditions are met. The Agent may close the job and order the pipe staging removed due to inclement weather or debris in the channel. The motion is seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. CERTIFICATE OF COMPLIANCE Cont: 34 Fosters Point, DEP File #5-771 – Martin Plecinoga Maxner explains the applicant has secured a surveyor to add information to the plan and has submitted an as-built plan with the resource areas called out and measurements. She reminds the Commission that the applicant has requested a waiver from the requirement of a certified letter from a P.E. or P.L.S. Paluzzi moves to issue the Certificate of Compliance and to waive the requirement of a letter from a P.E. certifying compliance with the Order and approved plan. Seconded by Goodenough. Lang abstains. Motion carries 5-0-1. RECESS FOR PUBLIC HEARING Paluzzi moves to recess for public hearings. Seconded by Dr. Johnson. All in favor. Motion carries 6-0. NOTICE OF INTENT Cont: 330 Hale Street, DEP File #5-854 – clearing of trees – Peter Nash Fred Geisel, P.E., represents the applicant. He states that in response to the March 7, 2005 Enforcement Order issued by the Commission he is submitting a revised plan that depicts 12 conifer trees to be planted within the Buffer Zone. He states that there will be 6 White Pines and 6 Eastern Hemlocks to be planted, and these species were chosen to mimic the species composition of the area. The applicant is also proposing to construct a 4-foot high stonewall along the edge of the access drive to better delineate the edge of the planting area from the drive. He explains other minor changes to the plan, which are out of the Buffer Zone. Conservation Commission Meeting Minutes March 22, 2005 Page 4 of 12 A brief discussion ensues regarding the risk of wooly adelgid infestation in the Hemlocks, and alternative species are discussed. It was determined to keep the Hemlocks and require spraying to prevent infestation. Lang asks if there are any further questions from members or the public. There are none. Paluzzi moves to close the hearing. Seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Cont: 234 East Lothrop Street – construct detached garage and attached mudroom – Jan Miller for Peter Monaco Maxner reminds the Commission this project involves construction of a detached garage and mudroom within the Buffer Zone to the Bank of the stream that runs between East Lothrop and Iverson Streets. The contractor and homeowner have retained the services of Griffin Engineering to do some more survey work on the property, but due to snow cover, the survey work has not been possible yet. Maxner states that the homeowner has requested a continuance to the next meeting. Goodenough moves to continue the hearing to April 12, 2005, seconded by Paluzzi. All members are in favor. Motion carries 6-0. Cont: 2 Boyles Street – DEP File #5-862 – construct roadway, site grading, drainage, and utility installation for 33-lot, cluster residential subdivision – Manor Homes at Whitehall, LLC Hayes recuses himself from the meeting and leaves the room. Bob Griffin, Griffin Engineering, and William Manuell, Wetlands & Land Management, represent the applicant. This project involves road construction, drainage and associated grading and utility installation for a 33-lot cluster residential subdivision. At the last meeting, the Commission members asked for additional information involving the alternatives analysis for the wetlands crossing and waiver criteria for incursion into the 25-Foot No-Disturbance Zone, which Manuell provides. He goes on to detail the applicant’s March 14, 2005 request for a waiver from the 25-Foot No Disturbance Zone as well as the alternatives analysis for wetland filling as part of the roadway crossing: ?? Based on the alternatives analysis procedure gleaned from 310 CMR 10.58 which addresses project purpose – the project purpose must be considered first and foremost and the alternatives considered must be substantially commensurate with the project purpose as explained under Alternatives Analysis on page 2; ?? Logistics is another factor effecting the analysis, such as zoning and subdivision rules and regulations as described on pages 2 and 3; Conservation Commission Meeting Minutes March 22, 2005 Page 5 of 12 ?? No adverse effects on the resource area is addressed through proper construction controls, stormwater management and proper engineering as discussed on page 3; ?? The project will improve the capacity of the resource area to protect the interests of the Ordinance by proper engineering design which addresses chronic flooding problems at the terminus of Wetland “A”, and the protection of Wetland “B” and associated certified Vernal Pool as discussed on page 4. Griffin explains revisions made to the plan as a result of closer inspection of the plan. He states that in staying out of the Buffer Zone of the potential Vernal Pool at 48 Boyles Street, Wetland B was reviewed. It was found that due to a swath of BVW surrounding the certified Vernal Pool at Wetland B, the outlet of detention pond #1 encroached into the 100-Foot No Disturb Zone of this Vernal Pool. As a result, the plan needed to be revised and Detention Pond #1 was split into two separate ponds (1A and 1B) to avoid this area. Both 1A and 1B have Stormceptor devices treating the runoff prior to entering the ponds and the lot lines for lot #7 were changed to keep it buildable. He states that all parties were provided a copy of these revisions and expects that a continuance is necessary for the City’s and neighbors’ independent experts to review and provide comments. Squibb asks if any changes have been made to Detention Pond #2. Griffin responds no. Lang opens the hearing to the public. Amy Murphy, 15 Eisenhower Avenue, states that she thought that the original Detention Pond #1 was going to treat about 14 acres, and asks if this will be the case of the new ponds. Griffin states that essentially the same amount of runoff will be treated, and believes that one pond will treat about 60% of those 14 acres and the other pond will treat about 40%. Tom Harrington, attorney for the neighborhood group, states that he has just received this information today and would like time to review and respond. He states that the projected profit or economic gain is not a valid argument for filling wetlands and would urge the Commission to look closely at this point raised by the applicant. Joanne Avalon, 17 Boyles Street, states that Michael DeRosa, DeRosa Environmental, Inc., has submitted his findings with regard to the Vernal Pool at 48 Boyles Street. She states that if the Vernal Pool is hydraulically connected to the Wetland C, its 100-Foot No Disturbance Buffer Zone will be contiguous with that wetland, and that will also have to be addressed. She also states that the neighborhood group had a conceptual plan drawn up by a land use consultant and that plan shows two cul-de-sacs, which would avoid all wetland impacts and conform to all zoning and subdivision rules and regulations. Lang asks if the Commission has a copy of that plan. Maxner states that she has one 8 ½ x 11 sized copy. Avalon believes that she emailed it to Maxner – Maxner agrees to check this an forward it to the members. Conservation Commission Meeting Minutes March 22, 2005 Page 6 of 12 Manuell responds that he has conducted further soil testing in the area in question. He provides copies (dated March 22, 2005) of his findings which detail 3 additional soil plots within the area between the Vernal Pool at 48 Boyles Street and Wetland C. The tests show clearly that it is an upland separating the two resource areas. Lang asks what Manuell’s rational for the locations of the test pits. Manuell states that the area based on vegetation the area was clearly upland with species such as white and red oak, white pine and sassafras which are all facultative upland species. Lang asks if there are any further questions or comments from the members or the public. There are none. He states that this will need to be continued to allow time for all parties to review and submit comments on the revised plan. Paluzzi moves to continue the hearing for 2 Boyles Street to the April 12, 2005 meeting. Seconded by Goodenough. All members are in favor. Motion carries 5-0. Cont: 2 Boyles Street – DEP #5-816 – construct roads, site grading, drainage, and utilities for subdivision and construct five single family homes – Manor Homes at Whitehall, LLC th Griffin requests that this hearing be continued to the April 12 meeting. Dr. Johnson moves to continue the hearing for 2 Boyles Street, DEP File #5-816 to the April 12, 2005 meeting. Seconded by Paluzzi. All members are in favor. Motion carries 5-0. Hayes returns to the meeting. Cont: 7 Elm Top Lane – construct pier with floating dock – Robert Hubbard th Griffin asks that the hearing be continued to the April 12 meeting, and asks the th Commission to reschedule the site visit which got cancelled on March 12 due to poor weather conditions. Paluzzi moves to continue 7 Elm Top Lane, DEP File #5-870 to the April 12, 2005 meeting pending a site visit scheduled for Saturday, April 9, 2005, at 8:00 a.m., seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. New: 1025 Hale Street, DEP File #5-871 – connect to city sewer – Donald & Virginia Sohn Maxner reads the legal notice. Bob Griffin, Griffin Engineering, represents the applicant. The applicant is proposing to abandon two septic systems for the two existing dwellings and an “incinolet” serving the Conservation Commission Meeting Minutes March 22, 2005 Page 7 of 12 pool house and install 1 ¼” pressure sewer lines from the existing dwelling and pool house to connect to the municipal sewer system on Hale Street. Work will take place within Riverfront Area to Chubb Brook and Buffer Zone to BVW. The Commission members visited this site in the spring of 2003 for the purposes of permitting the installation of an in ground pool. No work will take place within the 25-Foot No- Disturbance Zone. Griffin goes on to generally describe the site and existing conditions. Hayes asks if blasting will be necessary. Griffin states that he anticipates some blasting just based on the topography and presence of bedrock outcrops. Squibb asks a clarifying question about the septic system serving the cottage. Griffin states that they are not positive what type of system is there, and suspects that it may very well be a cess pool. Goodenough states that any time subsurface septic systems are abandoned, it is a positive impact on the resource areas. Lang asks if there are any questions from the public. There are none. Lang asks if there are any further questions from the Commission. There are none. Dr. Johnson moves to close the hearing. Seconded by Paluzzi. All members are in favor. Motion carries 6-0. New: Cole Street – construct detention basin for proposed subdivison – James Manzi Maxner reads the legal notice. Thad Berry, Xeriscape Design, represents the applicant. The applicant is proposing a 6- lot residential subdivision and drainage structure. The only portion of the project that is within the Commission’s jurisdiction is the drainage structure. The applicant is proposing to construct a detention basin designed to be a wet basin with native plantings. Lang asks who is responsible for maintenance of the wet basin. Berry responds that most likely the owner of the lot on which is it located. He states that this type of drainage structure is meant to be very low maintenance as there are a series of deep sump catch basins designed to filter out most of the sediment and separate out the oil/grease debris before the runoff reaches the wet basin for further treatment. Lang asks where seasonal high ground water (SHGW) was found. Berry states that on sheet C5, test pit #1 showed SHGW at 42”, test pit #2 at 96”. Lang asks where the bottom of the wet basin will be and where is that in relation to SHGW. Berry responds at elevation 63 for the bottom of the wet basin, which will be ½ foot above SHGW level. He states that the basin will be constructed at the beginning phases of construction in Conservation Commission Meeting Minutes March 22, 2005 Page 8 of 12 order to capture sediment, after construction it will be cleaned of accumulated sediment and prepared and planted to function as a wet basin. Berry goes on to explain that to address volume increases from the site, the roof runoff from four of the houses will be infiltrated through Stromtech Drainage Chambers, the bottom of which will be at least 2 feet above SHGW. Lang asks if there are any questions from the public. Joe Coughlin, 8 Thomas Road, asks if there could be additional trees or shrubs planted along the edge of the wetland for wildlife enhancement purposes. Lang states that could be incorporated as a special condition into the permit. Jean McKenna, 15 Cole Street, asks where the wetland drains to. Berry states that he is unsure and that would be a question for the wetland scientist. Mrs. Coughlin, 8 Thomas Road, asks why the wet basin and its discharge has to be in the Buffer Zone and adjacent to the wetland. Lang explains that stormwater runoff naturally flows in the direction of the wetland, and management systems need to complement the existing topography of the site, otherwise the site topography would need to be drastically changed to redirect the natural direction of runoff flow. Hayes states that he notices that the 2-year storm post-construction shows an increase in peak flow. Berry states that is correct and believes that the two homes that are not equipped with Stormtech Drainage Chambers, but thinks that the increase is very minimal. He would be willing to consider trying to add chambers to the other houses if the subsurface conditions allow. Lang asks if there are any further questions from the public or the Commission. There are none. Lang states that the following should be staked out in time for the site visit: ?? Centerline of road; ?? Wet basin outlet structure; ?? Wet basin dimensions; ?? Corner of closest house to the Buffer Zone. Renee Mary asks if the public is welcome on site. Arthur Thomson states yes. Paluzzi moves to continue Cole Street to April 12, 2005 meeting pending a site visit scheduled for Saturday, April 9, 2005 at 9:00 a.m., seconded by Dr. Johnson. All members in favor. Motion passes 6-0. New: L.P. Henderson Road – Beverly Airport Mini Storage, LLC, Thomas Ford David Lang recuses himself from the meeting. Conservation Commission Meeting Minutes March 22, 2005 Page 9 of 12 Maxner reads the legal notice. Tom Ford, the applicant, is present to discuss the project. He is proposing to construct a mini-storage facility and associated drainage structures within the Buffer Zone to BVW. Some members may recall reviewing this project a few years ago in February of 2000 and issuing an Order of Conditions with several Special Conditions. The Commission’s Order was appealed and the DEP issued a Superseding Order of Conditions (SOC). The DEP’s SOC has expired before full-scale work began; therefore the he is now back before the Commission with a new Notice of Intent. He states that he has submitted a request for a partial Certificate of Compliance to the DEP to close out the SOC. The plan has been modified to comply with the 25-Foot No-Disturb Zone, and thinks that revisions to the plan from the DEP approved plan has resulted in a better project from an environmental standpoint. He explains that grading to the north has been changed to incorporate a retaining wall that better defines the edge of the project from the wetlands. Drainage and associated grading on the site was modified and better runoff treatment is proposed through a Vortechnic chamber or comparable device prior to discharge into the water quality swale along the southern edge of the property. He explains the interior conditions of the proposed storage units briefly. He also explains that since the time of the first NOI, the City has performed sewer and water line improvements along L.P. Henderson Road, and this facility will be connecting to those systems. Maxner asks if there is a landscaping plan available. Ford states he will provide a copy of it for the Commission to review. Hayes asks what types of things are going to be stored there. Ford states that contents of stored materials will be much better monitored at this facility as there is an on-site manager at all times and there are video monitoring systems within the buildings. In his experience, furniture and household items are the most common types of materials that has encountered, based on his other storage facilities, one being on Martha’s Vinyard. Dr. Johnson moves to continue the hearing to April 12, 2005 meeting pending a site visit scheduled for Saturday, April 9, 2005 at 10:00 a.m., seconded by Goodenough. All members in favor. Motion passes 5-0-1. Lang returns to the meeting. OLD/NEW BUSINESS Cont: Elm Top Lane – Replanting Plan Griffin states that the Coastal Bank will most likely be clear of snow in time for the April th 9 site inspection, so this area can be observed at that time. Conservation Commission Meeting Minutes March 22, 2005 Page 10 of 12 Cont: Beverly Airport Tree Removal Maxner reminds the Commission Mr. Simpson of the Airport Commission is requesting the Commission to allow the removal of some trees that pose a danger for safe aircraft travel. Some of these trees are located on private property and within wetlands and th Buffer Zones. A site inspection was scheduled for Saturday, March 12 at 9:00 a.m., but due to poor weather conditions it was cancelled. A large number of the trees are within a wetland located at 53 Trask Street. The members decide to visit the site on Saturday, April 9, 2005 at 10:30 a.m. New: West Street, DEP File #5-848, Superceding Order of Conditions Discussion John Dick, Hancock Associates, represents the applicant. He states that the Commission denied this project proposing to construct a single-family house within Riverfront Area of Chubb Brook and associated floodplain both under the Act and the Ordinance. That denial was appealed to the DEP and Superior Court. The DEP has issued a SOC allowing the project based on changes made to the plan, which included doubling the compensatory flood storage package. The applicant is asking if the Commission would reconsider its denial under the Ordinance. Lang states that he may be willing to consider this if the applicant provided a clean copy of existing condition elevations, as the plan before them is very difficult to read. Dick agrees to provide this plan in time for the Commission to review prior to the next meeting. Lang asks the Commission how it feels about reconsidering its denial. Members are amendable to reconsidering the changes made to the plan under the Ordinance. Lang asks for a motion to that effect. th Squibb moves to reopen the hearing under the Ordinance for the April 12, 2005 meeting. Hayes seconds. All members in favor. Motion carries 6-0. New: Election of Officers Lang states that he would like to allow another member to serve as Chairman as he feels that he has served in this capacity for quite a while and thinks it is important to rotate this responsibility within the group. Paluzzi moves to nominate Ian Hayes as Chairman of the Conservation Commission. Hayes declines. Lang moves to nominate Tony Paluzzi as Chairman of the Conservation Commission. Paluzzi declines. Conservation Commission Meeting Minutes March 22, 2005 Page 11 of 12 Paluzzi moves to re-elect David Lang as Chairman. Lang accepts the nomination but for a period of only six months and would like for a new election to be held in October. Seconded by Dr. Johnson. All members are in favor. Lang abstains. Motion carries 5- 0-1 Goodenough moves to nominate Tony Paluzzi as Vice Chairman of the Conservation Commission. Paluzzi accepts the nomination. Seconded by Dr. Johnson. All members are in favor. Paluzzi abstains. Motion carries 5-0-1. APPROVAL OF MINUTES Paluzzi moves to approves the March 1, 2005 minutes as amended, seconded by Dr. Johnson. All members in favor. Motion carries 6-0. ORDERS OF CONDITIONS Cont: 330 Hale Street, DEP File #5-854 – Peter Nash Paluzzi moves to issue the following conditions: ?? Standard Conditions The following Special Conditions: 1. The 6 Eastern Hemlocks shall receive preventative annual spraying in order to prevent hemlock wooly adelgid (Adelges tsugae) infestation. The motion is seconded by Squibb. All members are in favor. Motion carries 6-0. New: 1025 Hale Street, DEP File #5-871, Donald & Virginia Sohn Paluzzi moves to issue the following conditions: ?? Standard Conditions The following Special Condition: 1. Pool backwash, if not already directed into the approved drywell design under the Order of Conditions, DEP File #5-797, shall be directed into the proposed sewer line to service the pool shed. Seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Other Business Conservation Commission Meeting Minutes March 22, 2005 Page 12 of 12 2 Fosters Point – Eileen Lang Lang recuses himself from this portion of the meeting and leaves the room. Maxner states that she received an inquiry from Eileen Lang relative to the Order of Conditions issued by the Commission for construction of a fixed pier and terminal floats on the Danvers River. Lang indicates in her letter that the Army Corps of Engineers’ permits are requiring that the terminal floats be floating in at least 2 feet of water at all times. This would necessitate extending the fixed pier another 5 to 10 feet. Lang asks for guidance in whether this would be a Minor Modification or an Amendment to the Order. Members agree that this would be a Minor Modification as the change is not significant in that the configuration of the pier and floats are not being changed, but that the fixed pier is being extended only a matter of feet. Lang returns to the meeting. 24 Meadow Road – Correspondence from Marc Jacobs Maxner inquires with the Commission if the letter received from Marc Jacobs, wetland consultant for James Pica, is sufficient and is what the Commission was looking for in the way of a work proposal. She provides an excerpt from the meeting minutes addressing that conversation with Mr. Jacobs. Goodenough states that she was looking for at least some sort of sketch plan that shows the limit of the compost pile. Squibb agrees. Johnson states that the rest of Mr. Jacobs’ points in his letter seem accurate, but that a plan would be helpful. Maxner states that she will inform Jacobs of this request by the Commission. Adjournment Dr. Johnson moves to adjourn. Seconded by Goodenough. All members in favor. Motion carries 6-0. The meeting is adjourned at 10:00 p.m.