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2005-02-01 CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Conservation Commission Subcommittee: Date: February 1, 2005 rd Place: 3 Floor City Hall, 191 Cabot Street, Beverly, MA 01915 Board Members Present: Tony Paluzzi (Vice-Chair), Linda Goodenough, William Squibb, Dr. Mayo Johnson Board Members Absent: David Lang, Ian Hayes Others Present: Amy Maxner – Environmental Planner Recorder: Amy Maxner Vice Chairman Paluzzi calls the meeting to order at 7:00 p.m. Certificate of Compliance Cont: Tall Tree Drive, DEP File #5-631 – Thomas Carnevale Maxner reminds the Commission it tabled the discussion on this item as questions remained about the access to the cart paths on the property. She states that she has gone through all of the minutes that contained discussion about this project and there is no mention of preserving public access rights or in any of the Special Conditions in the Order. She reads excerpts from the minutes. Tom Carvevale states that he is quite sure public access rights were not part of the project. Squibb states that he has a plan that is recorded at the Registry of Deeds calling out the paths by prescriptive right and shows members the plan. Some discussion regarding this plan takes place. Maxner states that she wants the Commission to be careful about withholding the Certificate on an issue that was not a part of the Order. Johnson states that he does recall discussion during the public hearings and thinks that public access was assumed, but considering it was never included in the Order he would not want to withhold the Certificate. He does think that this is an important issue that needs to be resolved, but is not sure it is the Commission’s place to do so at this point. Goodenough states that maybe the City Solicitor could be consulted on this issue and the City could approach gaining access in other ways. Paluzzi asks is there are any further questions from the Commission. There are none. Beverly Conservation Commission February 1, 2005 Meeting Minutes Page 2 of 6 Johnson moves to issue the Certificate of Compliance. Seconded by Goodenough. Squibb opposed. Motion carries 3-1. Maxner asks the Commission its opinion on Mr. Carnevale’s proposal to remove the silt fence but leave the hay bales to decompose in place. Goodenough asks what the condition of the hay bales is. Carnevale states that they are pretty far gone, and if they went in to remove them, the bales would just fall apart and possible make much more of a mess as opposed to leaving them. The Commission members agree to allow Mr. Carnevale to leave the hay bales in place. New: 22 Sylvester Avenue, DEP File #5-634 – Michael Hudon Maxner states the Commission has received a request for Certificate of Compliance for 22 Sylvester Avenue. The Commission issued an Order of Conditions for the construction of a single-family house, extension of a dead end roadway, and associated appurtenances within Riverfront Area to the Danvers River in July of 1998. She has visited the site and provides photos for members to review. She states that it was difficult to see much due to the snow cover. Paluzzi asks if the lawn is stable. Hudon states that due to the severe slope along the edge of the driveway, grass could not be established and a lot of the topsoil has eroded away, but now he has planted some strawberry, juniper and other ground cover to help with that situation. He states that lawn in that area is impractical as it is dangerous to mow. Maxner asks a clarifying question about the riprap level spreader on the river side of the driveway. Hudon states that it is in place, but is now overgrown as sediment has been trapped there and plants have established in the riprap, but state that the driveway drains as the proposed plan intends. Paluzzi asks if there are any further questions from the Commission. There are none. Johnson moves to issue a Certificate of Compliance. Seconded by Goodenough. Squibb abstains. Motion carries 3-0-1. Request for Extenstion New: 5 Holding Street, DEP File #5-647 – Victor Capozzi Victor Capozzi is present and states that due to the litigation with his neighbor, work has been delayed and he will need an extension to the Order. He goes onto explain that the foundation is poured and the framing has begun, and the contractors are accessing the site from Bridge Street rather than Holding. He will start the construction of the driveway last. Johnson moves to grant a one-year extension to the Order of Conditions. Seconded by Squibb. All members are in favor. Motion carries 4-0. Beverly Conservation Commission February 1, 2005 Meeting Minutes Page 3 of 6 Recess for Public Hearings Goodenough moves to recess for public hearings. Seconded by Johnson. All members are in favor. Motion carries 4-0. Notice of Intent Cont: 330 Hale Street, DEP File - Peter Nash Maxner states that she has received a request from the applicant’s engineer for a continuance to st the March 1 meeting. Johnson moves to continue the public hearing to the March 1, 2005 meeting. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Cont: 2 Fosters Point, DEP File #5-869 – Eileen Lang Eileen Lang is present to discuss the project. She is proposing to construct a 205-foot pile supported pier with 3-foot by 30-foot gangway and two 6-foot by 20-foot floats within Riverfront Area, salt marsh, and tidal flats of the Danvers River. She explains that they have decided against using the roller mats for pile installation. Paluzzi asks is she found any information from Mosquito Control. She states no, but based on her discussions with the rest of her neighbors, her property is the only one with these remnant ditches which are silted in on the water side and trapping standing water. Maxner states that she tried to reach the Eastern office of the department, but the telephone number was out of order. Goodenough suggests that a Special Condition be included in the Order that allows the filling and replanting of these ditches with the approval of Mosquito Control. Johnson asks if they will now be using the barge to install the piles as their neighbors have proposed. Lang states yes. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Johnson moves to close the hearing. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Cont: 234 E. Lothrop Street – Miller for Monaco st Maxner states she received a request from the applicant for a continuance to the March 1 meeting. Goodenough moves to continue the hearing to the March 1, 2005 meeting. Seconded by Squibb. All members are in favor. Motion carries 4-0. Beverly Conservation Commission February 1, 2005 Meeting Minutes Page 4 of 6 Cont: 2 Boyles Street, DEP File #5-816 – Manor Homes At Whitehall LLC Maxner states she received a request from the applicant’s engineer for a continuance to the March st 1 meeting. Goodenough moves to continue the hearing to the March 1, 2005 meeting. Seconded by Squibb. All members are in favor. Motion carries 4-0. Cont: 2 Boyles Street, DEP File #5-862 – Manor Homes At Whitehall LLC Maxner states she received a request from the applicant’s engineer for a continuance to the March st 1 meeting. Goodenough moves to continue the hearing to the March 1, 2005 meeting. Seconded by Johnson. All members are in favor. Motion carries 4-0. Cont: 7 Elm Top Lane – Robert Hubbard Maxner states she has received a letter from the applicant’s engineer agreeing to a continuance to stth the March 1 meeting, with a site inspection tentatively scheduled for Saturday, February 26 at 8:00 a.m. Johnson moves to continue the hearing to the March 1, 2005 meeting, pending a site inspection th for Saturday, February 26 at 8:00 a.m. Seconded by Squibb. All members are in favor. Motion carries 4-0. New/Old Business Cont: Elm Top Lane – Replanting Plan th Maxner states that since the Saturday January 8 site inspection was cancelled for this site, discussion should be postponed until after the Commission observes the Coastal Bank. New: 24 Meadow Road – EO Discussion with Marc Jacobs Marc Jacobs presents his findings outlined in his letter dated November 10, 2004. He believes that the removal of the stone retaining wall and fill would leave the wetland even more vulnerable to erosion as the stream discharges directly into a culvert discharging into the pond across the street from the Pica’s house. He does advocate for the removal and discontinued use of the compost pile and the removal of the wooden framing within the stone retaining wall. Maxner asks a clarifying question about the intermittent stream. He explains that there is quite a bit of erosion going on as a result of the Hawk Hill development and the intermittent stream traversing the Pica’s property is showing signs of scour, and that should be considered as the Commission makes its determination on how to proceed with the EO. Beverly Conservation Commission February 1, 2005 Meeting Minutes Page 5 of 6 Goodenough states she would like to see a work proposal for the removal of the compost pile and wood framing. Jacobs agrees as he has not delineated the limits or extent of the compost pile in his report, but that would be important information to have before work starts. He adds that work would probably not begin until late spring or summer to wait for low flow dryer conditions. Members agree to keep the EO in place until a scope of work is received. They thank Mr. Jacobs for coming to the meeting and discussing this with the Commission. They extend thanks to Mr. Pica as well. Jacobs states that Mr. Pica has taken the EO very seriously and wants to work with the Commission to find a solution that makes everyone happy. MACC Annual Conference Maxner reminds members that the Annual MACC Environmental Conference is coming up on Saturday, March 5, 2005 and that they can be reimbursed for their attendance through the Ordinance fee account. She also provides members with a copy of the proposed changes to the MACC Bylaws, which will be voted on at the beginning of the meeting. New DEP Enforcement Manual Maxner states that the DEP has provided a new Enforcement Manual and it is in the office in case members wish to review it. Squibb asks is Maxner can check to see if DEP will provide a couple more copies for free. Maxner agrees to look into this. Orders of Conditions 2 Fosters Point – Eileen Lang Johnson moves to issue the following conditions: Standard Conditions The following Special Conditions: 1. Construction of the pier shall be accomplished by maximizing access from the water and upon completed sections of the pier. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland, salt marsh during construction of the pier. If there are no alternatives to not using heavy equipment in these areas, a construction plan prior shall be submitted to the Conservation Commission to construction. 2. The use of chromated copper arsenate (CCA) treated wood and creosote treated timber for piles and decking shall be used only after alternatives to CCA treated wood are explored. Wood preservative must be dry before treated wood is used in construction. 3. Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal, not jetted. The piles in the salt marsh, coastal bank or beach shall be placed by hand. Beverly Conservation Commission February 1, 2005 Meeting Minutes Page 6 of 6 4. To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the structure shall be spaced at least ¾ inch apart. 5. Salt Marsh vegetation shall be avoided during construction. 6. Any area that is disturbed during construction is to be revegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. 7. With prior approval from the appropriate regional office of Mosquito Control, the applicant shall be allowed to fill in the remnant mosquito ditches with auger spoils and replant those areas with native salt marsh grasses. Seconded by Squibb. All members are in favor. Motion carries 4-0. Approval of Minutes Goodenough moves to approve the meeting minutes of November 16, 2004 with amendments. Seconded by Johnson. All members are in favor. Motion carries 4-0. Johnson moves to approve the meeting minutes of December 7, 2004 with amendments. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Adjourment Squibb moves to adjourn. Seconded by Johnson. All members are in favor. Motion carries 4-0. Meeting is adjourned at 8:30 p.m.