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2005-03-01 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: March 1, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chairman), Anthony Paluzzi (Vice Chairman), Linda Goodenough, Ian Hayes, Dr. Mayo Johnson, William Squibb Members Absent: Others Present: Amy Maxner – Environmental Planner Minutes Secretary: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 36 Pickman Road – construct bedroom addition and kitchen expansion – Thomas Andruskiewicz Maxner reads the legal notice. Thomas Andruskeiwicz, the applicant, provides a brief overview of the project, which involves constructing a 35’ x 30’ bedroom addition and a 20’ x 8’ kitchen expansion within the outer limits of the 100-foot Buffer Zone to Bordering Vegetated Wetland to an Intermittent Stream. The rear edge of the proposed bedroom addition is approximately 82 feet at its closest point from the edge of the wetland, which is located at the bottom of a slope at the rear of the property. The additions will be within existing lawn and the top of the slope is fenced off and serves as a clear limit of work. Maxner provides photos of the property. Paluzzi asks what the applicant will do with the excavated material. Andruskiewicz responds that he will use some of the soil as topsoil to improve the lawn grass, but the rest will be taken off site. Maxner states she visited the site and she measured a “conservative wetland line,” which measured approximately 82 feet from the proposed activity. Andruskiewicz states that the dimensions are the maximum that they would consider, and anticipates the additions to be a bit smaller. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 2 of 10 Paluzzi moves to close the hearing and issue a Negative #3 Determination for 36 Pickman Road, seconded by Goodenough. All members are in favor. Motion carries 6-0. New: Mass. Bay Commuter Railroad R.O.W. – TEC Associates Maxner reads the legal notice. Maxner states the applicant has provided a letter to the Commission stating that he could not attend this meeting, but will appear at the next meeting if the Commission deems it necessary. Maxner explains the applicant is requesting that the Commission approve the delineation of wetlands along the Mass. Bay Commuter Railroad right-of-way. In February 2000, the Commission issued a Negative #5 Determination for the wetland line and allowing activities conforming to 310 CMR 10.03 (6)(b) and 10.58 (6)(a). At that time the applicant provided a Yearly Operational Plan, which informs the Commission what they are doing and what they are using. Hayes states if the proposal is no different than what they have been doing, he would be in favor of issuing the same determination as in the past. Paluzzi moves to issue a Negative #5 Determination for Mass. Bay Commuter Railroad R.O.W. – TEC Associates, seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Minor Modification New: 143 West Street, DEP File #5-808 – Daniel Carnevale John Dick, Hancock Associates, represents the applicant. He explains the applicant is proposing to install a temporary holding tank, as the municipal sewer is not yet available for connection. The applicant wishes to move into the house now and cannot wait until the municipal sewer is installed, which could take months. Chairman Lang has given permission to begin work subject to the following conditions: 1. The applicant shall submit a request for a Minor Modification in time for the March 1, 2005 Conservation Commission meeting; 2. Dewatering shall be approved by the Conservation Agent prior to implementation in the field; 3. Once the tank is in place, but prior to backfilling, the Conservation Agent shall be contacted to observe the tank; 4. All conditions issued by the Board of Health shall be followed and a copy of results from the vacuum testing shall be forwarded to the Commission for its review. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 3 of 10 Maxner states the holding tank is now in place and provides photos for members to review. Dick explains that it complies with all Board of Health regulations and will be pumped periodically. Lang asks if there is any way for liquids to escape. Dick responds that there is no overflow on the tank. Right now it is a blind system and the only way out is through the lid and that there is an alarm system that alerts the need for pumping. Lang asks what the capacity of the tank is. Dick responds it is a system designed for 4 bedrooms for 440 gallons per day, with a total capacity of 2500 gallons. Lang states that it will therefore need to be pumped fairly regularly. Dick agrees. Maxner recommends adding a special condition requiring that the sediment from dewatering be cleaned up off of the street. Paluzzi moves to issue a Minor Modification for 143 West Street, DEP File #5-808 with a special condition requiring removal of sediment from the street, seconded by Hayes. All members are in favor. Motion carries 6-0. Certificate of Compliance New: 34 Fosters Point – DEP File #5-771 – Martin Plecinoga Maxner explains the Commission has received a request for a Certificate of Compliance for 34 Fosters Point. The Commission issued an Order of Conditions in May of 2002 for the demolition of existing house and garage and construction of a new house within Riverfront Area, Buffer Zone and Land Subject to Coastal Storm Flowage. The applicant requested verbally for a waiver from the requirement of a letter from a P.E. or P.L.S. certifying compliance with the Order and approved plan. Maxner explains that the applicant is in the process of securing a P.L.S. to add information to the as-built plan and suggests that the Commission table this item until the applicant supplies a complete as- built. Maxner states there seems to be a discrepancy on the plan with respect to the wooden walkway. She states that the applicant indicated during her site inspection that he reconstructed the wooden walkway and she informed him that this was without approval by the Commission and she would need to bring it to members’ attention. Paluzzi states he thinks the applicant should have filed a Notice of Intent. Lang and asks the consensus from members. Members agree that the applicant should file a new NOI for that work. nd This item will be continued to the March 22 meeting. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 4 of 10 Request for Extension New: 150 Sohier Road – DEP File #5-765 – Shaw Environmental, Inc. Maxner explains the Commission received a request for extension to the Order of Conditions issued in February of 2002 to Shaw Environmental for installation of monitoring wells at 150 Sohier Road. The applicant is requesting the Order be extended for three additional years. According to the City’s Ordinance, the Commission can only extend the Order for two additional years. Maxner has informed the applicant of the two- year limit and the applicant has no problem with that. Paluzzi moves to extend the Order of Conditions for 150 Sohier Road – DEP File #5-765 for two years, seconded by Johnson. All members are in favor. Motion carries 6-0. New: 44 Boyles Street – DEP File #5-768 – Matthew Kavanagh Maxner explains the Commission has received a request for an extension to the Order of Conditions issued to Matthew Kavanagh in April of 2002 for the construction of a single- family house at 44 Boyles Street. The applicant is requesting a one-year extension for this Order. Maxner states the applicant wishes to loam and seed the lawn and make sure it is established. Goodenough moves to extend the Order of Conditions for 44 Boyles Street – DEP File #5-768, for one year, seconded by Paluzzi. Hayes abstains. Motion carries 5-0-1. New: Salem Harbor and Federal Navigation Channel – DEP File #5-766 – City of Salem Maxner explains the Commission has received a request for an extension to the Order of Conditions issued to the City of Salem in April of 2002 for maintenance dredging of the federal navigation channel located in Salem Harbor, a portion of which is located in Beverly. The applicant is requested a three-year extension to the Order. Maxner has informed the applicant that the Commission may only extend the Order for two additional years and they have no problem with the two-year limit. Paluzzi moves to extend the Order of Conditions for DEP File #5-766 for two years, seconded by Squibb. All members are in favor. Motion carries 6-0. Recess for Public Hearings Paluzzi moves to recess for public hearings, seconded by Johnson. All members are in favor. Motion carries 6-0. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 5 of 10 Notice of Intent Cont: 330 Hale Street, DEP File #5-854 – Peter Nash Maxner reminds the Commission this project involves the construction of a single-family house, most of which is out of the Buffer Zone to an Isolated Vegetated Wetland. At a prior meeting, a revised plan was submitted showing three trees to be replanted but did not indicate species. The Commission requested that the applicant replace 8 trees, indicate the species and determine the amount of soil needed for the plantings of the trees. Maxner spoke with the engineer after the last meeting, and he stated that he would be prepared to submit a plan to the Commission, as the final position of the house has been determined and a retaining wall is being proposed within the Buffer Zone along the access road. There is no representative present on this matter and Maxner states she has not spoken with the engineer since the last meeting. Lang asks what the ruling is regarding cutting trees. He asks if the City Solicitor has made a recommendation. Maxner states that the Commission did not seek an opinion on this project from the Solicitor. Hayes states he thinks the Commission can continue to issue Enforcement Orders. Paluzzi states there were several trees cut in the buffer zone but there were 50 trees cut down overall. The members agree to issue an Enforcement Order and fine Mr. Nash $100 per day per tree following the day after the next hearing if a revised plan is not submitted in time for nd the March 22 meeting. Paluzzi moves to send an Enforcement Order to the applicant, Nash, informing him that the Commission intends to fine him, after the next meeting, $100 per tree per day if a nd plan is not submitted in time for the March 22 meeting, seconded by Hayes. All members are in favor. Motion carries 6-0. Cont: 234 E. Lothrop Street, DEP File #5-864 – 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. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 6 of 10 Robert Griffin states that due to snow cover, further survey work is not possible. He requests a continuance to the next meeting. nd Paluzzi moves to continue the hearing to the March 22 meeting, seconded by Hayes. All members are in favor. Motion carries 6-0. Cont: 43 Paine Avenue - DEP File #5-857 - construct single family home – Barn Hill, LLC th Griffin requests a continuance to the April 12 meeting as his client is still waiting for a verdict from the land court judge. th Paluzzi moves to continue the hearing to the April 12 meeting, seconded by Squibb. 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. William Manuell, Wetlands & Land Management, provides copies of a draft Order of Conditions that he and Robert Griffin prepared for the Commission to review and consider. He states that he followed the Commission’s format and incorporated most of the standard conditions. He explains that the major difference with this draft is that it calls for an erosion control monitor as a special condition, which is a routine occurrence with other Commission Orders in other towns. This person would be on site very frequently during active construction and providing monitoring reports to the Commission on a weekly basis. There is also a special condition calling out a homeowners association to take responsibility for maintenance of the drainage system. Lang states that the Commission would need time to review this document before it closes the hearing. Paluzzi agrees. Squibb states that he would like to have the on-site contractor be a known party in the Order. Griffin states that a contractor has not yet been chosen and states that it is doubtful that will be known in time to incorporate into the Order. Lang asks who the erosion control monitor would be. Griffin states that it could be a person from his office. Lang states that this may be enough to ensure that work is being conducted as approved, so the need to know whom the contractor will be is not as critical. Maxner states that the pre-construction meeting is designed to make sure that all persons working on site understands the conditions of the Order. Lang opens the discussion to the public. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 7 of 10 Tom Harrington, attorney for the neighborhood group, refers the Commission to the sections of the Beverly Wetlands Protection Ordinance regarding the waiver criteria; Section V D(1), Section III C(4)(a), Section V E 1. He states that he has not seen any documentation from the applicant that shows these waiver criteria have been met. He states that no alternatives analysis has been reviewed for the wetlands crossing. Lang asks Griffin if the alternatives analysis could be submitted in time for the next meeting to be reviewed. Griffin states yes. Harrington goes on to explain that the vernal pool at 48 Boyles Street needs to be called out on the plan. Joanne Avallon provides copies of the report prepared by DeRosa Environmental outlining his findings during his investigation of the pool last year. Avallon states that this pool may be contiguous with the Wetland C and its Buffer Zone would then extend onto the project site. She asks if the 100-Foot No-Disturb Zone (NDZ) extends from the pool edge or the BVW that surrounds the pool. Maxner states that if the pool is surrounded by BVW, the 100-Foot NDZ would extend from the edge of BVW. Manuell states that he does not dispute DeRosa’s findings, but knows that Wetland C is not a vernal pool and believes the project is well outside the 100-Foot Buffer of the pool at 48 Boyles. Lang asks if Manuell could take another look at this area to see if they are connected. Avallon states that there is very little topographic information on the plan between Wetland C and the pool at 48 Boyles Street. Manuell states that he will take a drive by and look at the area again, and hopes he can see something due to the snow cover, but seems to recall that a high spot existed between the two areas. Maxner asks if the 25-Foot No-Disturb Zone waiver criteria could be addressed point-by- point and submitted along with the alternatives analysis. Griffin states he can provide that as well. Maxner reads a letter from John & Marie Alves into the record. Griffin states that the 50- 50 split at the crossing at Wetland A addressed the flooding problem at the Alves property. A resident of 9 Birchwoods Drive states that the applicant should not be allowed to gain more lots than he is allowed under a conventional subdivision. Lang states that is a Planning Board issue and the Commission has no jurisdiction over that matter. Lang asks if there are any further questions from the Commission or the public. Squibb asks if the hearing would be closed at the next meeting. Lang states that it very well may be if the Commission is satisfied with the additional requested information. Squibb asks if the Order could be voted on at a separate meeting so that the Commission’s agenda is Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 8 of 10 lighter and allow time for closer review of the conditions. Goodenough agrees that this particular Order would need the Commission’s undivided attention and suggests that a special meeting be posted for voting on the Order. Lang asks what other members think of this idea. Members agree that separating the deliberation on this Order would be best. Maxner states that posting the meeting would only require 48-hours notice down at the City Clerk’s office and no legal ad would be required. nd Johnson moves to continue the hearing to the March 22 meeting, pending submission of additional information as requested by the Commission. Seconded by Squibb. All members are in favor. Motion carries 5-0. Cont: 2 Boyles Street – DEP File #5-816 – construct roads, site grading, drainage, utilities for subdivision and construct five homes – Manor Homes at Whitehall, LLC nd Griffin requests that this hearing be continued to the March 22 meeting. nd Paluzzi moves to continue the hearing to the March 22 hearing, seconded by Goodenough. All members are in favor. Motion carries 5-0. Hayes returns to the meeting. Approval of Minutes Dr. Johnson moves to approve the Conservation Commission minutes dated January 11, 2005 as amended, seconded by Paluzzi. Hayes abstains. All members are in favor. Motion carries 5-0. Dr. Johnson moves to approve the Conservation Commission minutes dated February 1, 2005 as amended, seconded by Paluzzi. Hayes and Lang abstain. All members are in favor. Motion carries 4-0. Cont: 7 Elm Top Lane, DEP File #5-870 – Robert Hubbard Maxner reminds the Commission the applicant is proposing to construct a 60-foot fixed pier, 26+/- foot seasonal gangway and 8-foot x 20-foot seasonal float within Coastal Bank, Rocky Intertidal Shore and Land Subject to Coastal Storm Flowage. The site th inspection scheduled for February 26 was cancelled due to snow cover. Bob Griffin appears on behalf of the applicant. He states that his client was willing to shovel a path to provide safe access for site inspections and is a little frustrated that the site inspections have been cancelled. Lang recommends that another site visit be scheduled during low tide. Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 9 of 10 Dr. Johnson moves to continue 7 Elm Top Lane, DEP File #5-870 to March 22, 2005 meeting pending a site visit on Saturday, March 12, 2005 at 8:00 a.m., seconded by Hayes. All members are in favor. Motion carries 6-0. Old/New Business Cont: Elm Top Lane Replanting Coastal Bank Maxner states that the Commission intended to view the coastal bank at the site th inspection scheduled for February 26, but with continued snow cover it is not likely. Members agree that the review of the coastal bank should be when the snow has melted. Maxner asks for a clarification with regard to the Special Condition prohibiting work on the second house until the replanting is complete and the Commission is satisfied with the restoration. Members agree that they intended to view the bank restoration before work could begin on the second house. Beverly Airport Tree Removal – discussion with Peter Simpson Mr. Simpson of the Airport Commission has contacted Maxner concerning the removal of some trees that pose a danger for safe aircraft travel. These trees are located on private property and within wetlands and Buffer Zones. Simpson states he has spoken with all of the homeowners affected. He provides information identifying some of the trees in question and proposes removing the obstructions. The Airport Commission would like to trim and/or remove the trees soon. Maxner will visit the site and help to identify the trees prior to the Conservation Commission members visiting the site. The members decide to visit the site on Saturday, March 12, 2005 at 9:00 a.m. North Shore Conservation Commission Meeting Maxner states the North Shore Conservation Commission Network is meeting on Thursday morning at 9:00 at Endicott Park. She explains that a representative from DEP will be there to discuss the regulatory changes that have become effective as of today st (March 1), and encourages members to attend as there are changes proposed in how projects in the buffer zone are reviewed. Economic & Community Development Council – Membership Maxner explains that the City Council voted to add two positions to the Economic & Community Development Council to include ex-officio members of the Conservation Commission and Planning Board. It is not a voting position, and the Commission needs to vote or volunteer to serve as an ex-officio member. Maxner states that as an Beverly Conservation Commission - Meeting Minutes March 1, 2005 Page 10 of 10 alternative, she can have the agenda sent to the Commission and if there is an item that peaks anyone’s interest, the Commission can provide comments. There are no volunteers to serve on this committee. Maxner will make sure to forward the agendas to the Commission members for their review. New England Power Informational Meeting Maxner states New England Power will be conducting an informational meeting with the Wenham TAC regarding the Vitale site restoration on Wednesday, March 16, 2005 at 2:00 p.m. in the Cummings Center. Maxner will be attending. Adjournment Johnson moves to adjourn, seconded by Squibb. All members are in favor. Motion carries 6-0. Meeting is adjourned at 9:15 p.m.