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2004-11-16 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 16, 2004 BOARD MEMBERS PRESENT: David Lang (Chairman), Anthony Paluzzi (Vice Chairman), Linda Goodenough, Dr. Mayo Johnson, William Squibb and Ian Hayes BOARD MEMBERS ABSENT: Eileen Duff OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Old/New Business New: Beverly Hospital – Conservation Restriction – Hancock Associates (Dr. Johnson recuses himself from this portion of the meeting.) Maxner explains that Dick Doherty from Hancock Associates appeared before the Commission at the last meeting to discuss the hospital’s plans to do some landscaping within a strip of land that the City holds a Conservation Restriction on. Mr. Doherty states that according to the Conservation Restriction, the hospital must receive approval from the Commission to do any type of landscaping or planting. The Commission requested that the hospital notify the abutters about this meeting and to submit a planting plan detailing the proposal. Doherty states he has notified the abutters and the hospital made an agreement to provide screening to restrict the neighbors’ view of the hospital. He provides a brief overview of the project. There will be basically 3 tiers of plantings, only one of which is within the CR zone. Most of the plantings are native conifers designed to screen the view for the Woodland Road neighbors. An abutter states that she is concerned that the white pines will eventually loose there lower branches and creating a situation counter to the goal of providing a visual screen. The landscape architect states that it is the nature of all conifers to loose there lower limbs, that is why the landscape design is tiered. Conservation Commission Meeting Minutes November 16, 2004 Page 2 of 11 Goodenough asks about cutting of trees. Doherty responds that there is no plan to cut trees. The landscape architect provides a brief overview of the project. Doherty states an arborist has been hired and the arborist has told the applicant that there are some invasives that are problematic to the area, which will be addressed. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to approve the landscaping plan for Beverly Hospital with 5-year replanting allowance for any plant material that may fail and need replacement without further approval from the Commission, seconded by Hayes. All members are in favor. Motion carries 5-0. (Dr. Johnson returns to the meeting.) Certificate of Compliance New: 14 Landers Drive – DEP File #5-754 – Robert and Tammy Albano Maxner explains that at the last Conservation meeting Mr. Albano was before the Commission seeking a Certificate of Compliance for an addition he constructed and a waiver from submitting an As-built plan. Maxner conducted a site inspection and found that a large deck and above ground pool had been added to the rear of the approved addition without any notification to the Commission. Mr. Albano agreed to have an As-built prepared as requested by the Commission. Maxner states she was expecting As-built plans from Mr. Albano but has not received anything to date. She will follow-up with the applicant for the status of this issue. Paluzzi moves to table this item until an as-built plan is submitted to the Commission for review, seconded by Squibb. All members are in favor. Motion carries 6-0. New: 9 Curtis Point – DEP File #5-787 – Sydney Jarabek The applicant is requesting a Certificate of Compliance and has provided an As-built plan for 9 Curtis Point. A standard Order of Conditions for the installation of an in-ground pool was issued. Bob Griffin from Griffin Engineering reviews the project and states the work is complete and there were some minor revisions, including a 500-gallon underground propane storage tank. Maxner states she visited the site and other than the few deviations as noted on the plan, the site looks stable and in compliance. Paluzzi moves to issue a Certificate of Compliance for 9 Curtis Point, seconded by Squibb. All Conservation Commission Meeting Minutes November 16, 2004 Page 3 of 11 members are in favor. Motion carries 6-0. Request for Determination of Applicability New: 32 Pickman Road – construct second floor addition, expand garage, rebuilt stonewalls – Ron Novello Maxner reads the legal notice. Maxner explains the project is for the construction of a second story addition, expansion of a garage, reconstruction of landscape retaining walls and grading with the outer 50 feet of the Buffer Zone to Bordering Vegetated Wetland to Bank of an Intermittent Stream. This project was already underway when a neighbor informed the Conservation Agent about it. Mr. Novello was instructed to install hay bales and silt fence and file the application with the Conservation Commission. Mr. Novello states he was unaware of any wetland issues and when he found out, the hay bales were placed immediately. Maxner states the house and garage are out of the buffer. The grading is within the outer 50-feet of the limit of the buffer zone. She conducted a site visit with Mr. Novello and his contractor, took measurements and determined that the grading is what is in the Conservation Commission’s jurisdiction. Maxner recommends that there be a condition to the Determination that debris be removed along the slope and that the erosion control not be removed until she approves it. Lang recommends a permanent demarcation of the 25-Foot No Disturb Zone, perhaps mounted on a granite bound. Maxner offers to send Novello some language for the plaque and will visit the site to measure its placement for Novello. Maxner recommends that the Commission consider a special condition for the Determination that the Determination itself will be disclosed at the closing to make a potential buyer aware. Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1) Remove cinderblocks and other debris from the slope. 2) Hay bales to be removed upon approval of the Administrator. 3) 25-foot No-Disturb Zone shall be demarcated with permanent markers bearing language, the Administrator shall approve the placement of the bounds. 4) Notification at closing of the Determination of Applicability and of the 25-foot No- Disturb Zone. Conservation Commission Meeting Minutes November 16, 2004 Page 4 of 11 The motion is seconded by Goodenough. All members are in favor. Motion carries 6-0. 4 Cavendish Square – Minor Modification Mike Bernfeld, 4 Cavendish Square states he submitted a letter requesting a Minor Modification to the Order of Conditions. He is requesting to replace part of the riprap bank to the north and far northeast corner of the backyard with a four-foot high retaining wall. Brian Stone with Fall Stone Landscaping provides an overview of how the wall would be installed. Goodenough states that this will be a clean way to define the edge of wetlands and prevent any potential erosion from the existing rip rap wall. Lang asks if members of the public have any questions. There are no questions. Hayes moves to grant a Minor Modification for the installation of a retaining wall along the far northeast corner of the property at the edge of wetlands, seconded by Goodenough. 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. Notice of Intent Cont: 7 Margaret Avenue – Dennis Britton (Lang recuses himself from this portion of the meeting. Paluzzi is seated as Chairman.) Maxner reminds the Commission that an Enforcement Order was issued to Mr. Britton for unauthorized cutting of trees within 100 foot Buffer Zone to Coastal Bank and 200 Foot Riverfront Area. The Commission voted to require Mr. Britton to have the Resource Areas delineated on his property. In response, Britton is submitting a Notice of Intent for proposed work. Activity is proposed within the 25-Foot No-Disturbance Zone. The Notice of Intent is for the construction of three retaining walls on the Coastal Bank and a th 180-foor pile supported pier. A site inspection was held on Saturday, November 6. John Dick from Hancock Environmental provides an overview of the project. He states that Mr. Britton is amenable to a landscaping plan, but is unsure of what he would like to do at this time. Dick states that he would be willing to draft a list of plants for the area, but suggests that small Conservation Commission Meeting Minutes November 16, 2004 Page 5 of 11 shrubs and bushes be used in order to avoid destabilizing the coastal bank. Maxner asks if there is any impact to land under the ocean. Dick responds that the applicant will not be going out that far, and that the last set of pilings will be at Low Mean Water, not in the ocean. Paluzzi asks if there will be any replanting in the Salt Marsh. Dick states that the area in questions has remnants of Salt Marsh characteristics, but that the area consists of mostly course sand with very little organic sediment to support any grass growth. He is not optimistic of anything growing there even if it was planted with plugs. Paluzzi asks if the entire pier will be constructed of pressure treated wood. Dick states that most likely it will be, and what ever is in stock when the contractor orders the material. He goes on to state that this generation of materials has lower toxicity levels and the chemicals are much less mobile. Hayes asks the dimensions of the gangway. Dick states that it is 4 feet wide and 5 feet above the marsh. Paluzzi asks if there are any questions from the Commission or members of the public. There are none. Hayes moves to close the hearing, seconded by Goodenough. All members are in favor. Motion carries 5-0. (Lang returns to the meeting.) Cont: 330 Hale Street, DEP File #5-854 – Peter Nash Maxner states that she expected a representative for the applicant to come to the meeting, although she has not received any new information or plans from the applicant. Lang suggests that Maxner try to contact the applicant or his engineer to check on the status of this project. Paluzzi moves to continue the hearing to the December 7, 2004 meeting, seconded by Johnson. All members are in favor. Motion carries 6-0. Cont: Off Boulder Lane – DEP File #5-815 – Miles Group, Inc. Maxner states the Conservation Commission received a letter requesting a continuance to the January 11, 2005 meeting. Paluzzi moves to continue the hearing for Off Boulder Lane – DEP File #5-815 to the January 11, 2005 meeting, seconded by Hayes. All members are in favor. Motion carries 6-0. Conservation Commission Meeting Minutes November 16, 2004 Page 6 of 11 New: 4 Fosters Point – John Waitt (Lang recuses himself from this portion of the meeting. Paluzzi is seated as Chairman.) Maxner reads the legal notice. Daniel Ottenheimer, Mill River Consulting, appears on behalf of the applicant. He provides a brief overview of the project. He explains the applicant is proposing to demolish the existing house and construct a new house within the same basic footprint. He states that during the demolition, all of the materials will be placed in dumpsters. There will be no stockpiling of demolition material on site. The applicant is aware that the property is within the 100-Year Flood Zone on the FEMA map at elevation 10. Paluzzi asks if the building will use the existing foundation. The existing foundation is only a 6- foot foundation and the new home will be an 8-foot foundation (one foot deeper and one foot higher). Ottenheimer states that there will be a small expansion of the footprint on the street side of the house. Maxner asks if there will be any need for dewatering. Ottenheimer is not sure. Paluzzi states that impacts from unplanned dewatering is an issue, and would like to see some sort of plan outlining how they anticipate handling it. Maxner states she would like a dewatering plan in place and done prior to the excavation so that it is ready immediately. Ottenheimer agrees to include this information. The members agree to set up a site visit. A site visit is scheduled to take place on December 4, 2004 at 8:00 a.m. Paluzzi asks if there are questions from members of the public. Robert Gallagher, 6 Fosters Point, asks if the applicant is aware of any zoning issues. Ottenheimer states that he has not yet spoken to the Building Inspector about this project. Maxner encourages him to do that as soon as possible. Gallagher states that he is doubtful that they will be allowed to increase the depth and height of the basement by 2 feet and that he is very concerned about displacement of water in that area. Eileen Lang, 2 Fosters Point, asks if the 48-inch caliper tree adjacent to the house will be removed. Ottenheimer states that he anticipates saving the tree, but at the very least it will need to be trimmed to accommodate placing the house. Lang states that the tree is extremely important to the groundwater hydrology of the area, and fears flooding if the tree is removed. She goes on to ask what the square footage of the increase in footprint will be. Ottenheimer states approximately 135 square feet. Paluzzi asks how the house will be constructed. Ottenheimer states that the existing concrete Conservation Commission Meeting Minutes November 16, 2004 Page 7 of 11 foundation will be removed and re-poured, and that it is a modular house and will be placed on top of the foundation by a crane from the road. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Dr. Johnson moves to continue the hearing to December 7, 2004 pending a site visit on December 4, 2004 at 8:00 a.m., seconded by Squibb. All members are in favor. Motion carries 5-0. (Lang returns to the meeting.) New: Whitehall Hill Circle – Manor Homes at Whitehall, LLC – Construct roadway, site grading, drainage, and utility installation for 33-lot, cluster residential subdivision (Hayes recuses himself from this portion of the meeting.) Maxner reads the legal notice. Maxner explains that the Commission has received a new plan for a 33-lot, cluster type residential subdivision. William Manuell, Wetlands & Land Management, provides an overview of the project. He states the new plan now preserves 5.9 acres of the most sensitive land on the property. He gives a general overview of the project. He explains the that there will be a wetlands crossing at the intermittent stream draining Wetland A, with 42 linear feet of bank being impacted, but no BVW is being impacted. He states that there is an extensive drainage plan, which he is not prepared to talk about and would like to leave that to Robert Griffin, the applicant’s engineer who is now in the Planning Board meeting. He does understand that CDM and Dr. Chiang have reviewed the drainage. Maxner states that she included both sets of comments from both hydrology reviews. He states that each separate house lot will be subject to individual Notices of Intent, but that in the drainage design each house will have a 500 gallon dry wells for roof runoff. Renee Mary, 274 Hale Street expresses concern about water sheet flowing down Boyle Street. Marie Alves, 5 Morrison Avenue, asks how big the detention ponds will be. Manuell states that this information is in the drainage calculations and would like to defer that question to Mr. Griffin. Lang informs members of the public that there will be opportunity for testimony to be shared at the next Conservation Commission meeting. He states this matter will probably be before the Commission for several more meetings. The topic is on the Planning Board and the Conservation Commission’s agenda simultaneously this evening and it will not be scheduled on the same evening for the next meeting. A site visit is scheduled to take place on December 4, 2004 at 8:45 a.m. Conservation Commission Meeting Minutes November 16, 2004 Page 8 of 11 Goodenough moves to continue the hearing for Whitehall Hill Circle – Manor Homes at Whitehall, LLC to December 7, 2004 meeting, pending a site visit on December 4, 2004, at 8:45 a.m., seconded by Paluzzi. All members are in favor. Motion carries 5-0. (Hayes returns to the meeting.) Orders of Conditions Cont: 7 Margaret Avenue – Dennis Britton Hayes moves to issue the following conditions: Standard Conditions The following Special Conditions: 1) A landscaping plan shall be presented to the Conservation Commission prior to construction. 2) All cutting of pressure treated wood shall be conducted on land. The motion is seconded by Johnson. All members are in favor. Motion carries 5-0-1 (Lang abstains). Approval of Minutes Paluzzi moves to approve the minutes dated September 14, 2004 as written, seconded by Goodenough. All members are in favor. Motion carries 6-0. Old/New Business 11 Shannon Lane Maxner states that she expected the resident from 11 Shannon Lane to be at the meeting tonight. Lang suggests that this item be tabled until the resident gets back in touch with Maxner. 19 Congress Street, DEP File #5-644 Maxner reads a letter from Peter Kelliher, Kelliher Construction Co., into record regarding the status of the project. The letter states all of the major site work is complete, however, the modular home did not arrive on schedule, but is now in place. Maxner states a Standard Order of Conditions was issued and the Order has been extended twice and the last extension was the final extension under the Ordinance. The project is 98% complete, with just siding and inside carpentry to be finished. She asks the Commission if it wants the applicant to submit a new Notice of Intent. Conservation Commission Meeting Minutes November 16, 2004 Page 9 of 11 Lang states that seems unnecessary as long as the hard site work is complete, but that the Commission will retain the right to monitor the site and any work being done. He suggests that the following stipulations be outlined to the applicant: ?? Work may continue on the house, and the Commission will retain the right to periodically monitor the site for compliance with the Order, and shall reserve the right to issue enforcement action if it deems necessary; ?? All paving shall be completed this year; ?? All debris, trash and/or errant construction material shall be removed from the site daily, and by hand if need be; ?? As soon as the slope immediately adjacent to the house is stabilized with growing vegetation and all work is complete, a request for a Certificate of Compliance shall be submitted to the Commission; Prior ?? to implementation in the field, the Commission shall be informed of any other major site work that needs to be conducted for its review and approval. Members agree with this approach. Maxner states she will write a letter to the homeowner informing of these conditions. 234 East Lothrop Street Maxner states she received a call from a neighbor of 234 East Locust Street stating that there was excavation for what looked like a garage foundation. Maxner informed Lang and Bob Nelson the Building Inspector. The Building Inspector visited the sight and instructed the contractor to shut down all work and see the Conservation Administrator. The contractor came in to speak with Maxner and she advised him that she would consult with the Commission at its meeting tonight and indicated to him that this will most likely need a Notice of Intent. Maxner states this should be Notice of Intent. The homeowner wants to get the foundation poured before winter. Maxner informed the contractor that would not be likely and scheduled a meeting at 10:00 a.m. tomorrow to observe the property and measure the distance of the work to the brook. There is discussion regarding imposing a fine on the contractor. Paluzzi moves to fine the contractor $100 for the one day of work, seconded by Hayes. All members are in favor. Motion carries 6-0. Goodenough advises Maxner to let the contractor know that if any other work is done he and the homeowner will be fined again. Sylvester Avenue Maxner states several meetings ago she talked with the Commission about the end of Sylvester Avenue. Maxner wrote a letter because the person has an open Order of Conditions for the Conservation Commission Meeting Minutes November 16, 2004 Page 10 of 11 construction of the house. The homeowner has responded and now wants to know how detailed the As-built plan needs to be. Lang states the applicant must have a complete As-built plan prepared to be sure the house was built in the correct location, size, etc. 24 Meadow Road - Letter from Mark Jacobs Maxner states the Commission received a letter from Mark Jacobs, a Certified Wetland Scientist about his investigation of 24 Meadow Road. Mr. Pica hired him to look at the Enforcement Order situation. She provides a copy of the letter to the members and will place it on the next Conservation Commission meeting agenda for discussion. West Street Appeal, DEP File #5-848 Maxner states she received a revised set of plans for the Carnevale West Street project being appealed. She provides copies to members for future discussion. Elm Top Lane Goodenough reports to the Commission about a large piece of machinery on the coastal bank at Elm Top Lane. Maxner will investigate this and call Mr. Hubbard to ensure that equipment is not stored there. Draft Letter to Beaver Pond Resident Regarding Potential ATV Activity Maxner reads a draft letter to the Sullivans at 47 Beaver Pond Road into the record regarding potential wetlands violations resulting from ATV activity in and around Beaver Pond. The letter details enforcement action of fines ($100 per day). Lang suggests that Maxner email the draft before she mails it for final review by members. Commission Holiday Dinner Plans Maxner states that the Commission should pick a date and time for this year’s holiday dinner. th Lang states that he and his wife would be willing to host the dinner on Saturday, December 18 and would like to provide the main course. Maxner suggests that members email Lang to let him know what they plan on bringing for side dishes. Adjournment Paluzzi moves to adjourn, seconded by Goodenough. All members are in favor. Motion carries 6-0. Conservation Commission Meeting Minutes November 16, 2004 Page 11 of 11 The meeting is adjourned at 9:30 p.m.