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2004-12-07 City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: December 7, 2004 Place: Beverly City Hall, 191 Cabot Street Board members present: Chairman David Lang, Ian Hayes, Dr. Mayo Johnson, Anthony Paluzzi, William Squibb Linda Goodenough (arrives 7:45 p.m) Others present : Amy Maxner, Environmental Planner Recorder : Amy Maxner Chairman Lang calls the meeting to order at 7:00 p.m. Certificate of Compliance New: 17 Cole Street – DEP File #5-809 – Colonial Remodeling Corporation Andrew Neumann, the applicant, is present at the meeting. Maxner explains the Commission received a request for a Certificate of Compliance for 17 Cole Street. The Commission issued an Order of Conditions for the construction of a single-family home with bituminous concrete driveway and associated grading activities, portions of which work would occur within the buffer zone to BVW and Bank to intermittent stream. Maxner states she conducted a preliminary site inspection on December 3 and found issues that need to addressed before the Commission could consider issuing a Certificate of Compliance: 1. two large piles of soil and crushed stone stockpiled within the 25-Foot No- Disturbance Zone; 2. a trench leading from the driveway into the 25-Foot No-Disturbance Zone and discharging directly into the wetland resource area to the west; 3. cut vegetation within the 25-Foot No-Disturbance Zone at the corner of the road and driveway; and 4. no evidence of the Commission’s Special Condition #2, requiring 4 capped iron rods to demarcate the 25-Foot No-Disturbance Zone and called out on the as-built plan. Conservation Commission Meeting Minutes December 7, 2004 Page 2 of 11 Lang asks Mr. Neumann to remove the pile of soil and stone and extend the erosion control to the street, regrade and fill in the trench and stabilize the area with mulch, hay or other weather appropriate method. Mr. Lang states the Commission will consider issuing a Certificate of Compliance once the area is stable with growing grass and suggests Mr. Neumann come back in the spring. He also suggests that if drainage is a problem, Mr. Neumann may need to seek the guidance from a consultant or engineer. Request for Determination of Applicability New: 950 Cummings Center – Cummings Properties Maxner reads the legal notice. Gerry McSweeney, Vice President, Cummings Properties, represents the applicant. The applicant is proposing to construct a six-story hotel with associated appurtenances within Riverfront Area to the Bass River. Approximately 7,078 square feet of existing paved surface will be converted to open green landscaped space thereby increasing pervious surface by about 22%. The building will be approximately 118 feet from the mean high water mark of the Bass River at its closest point. Lang asks if the underground culvert is inspected. McSweeny states that a structural engineer inspects the culvert annually, and they make sure it is in good condition as it is critical to the drainage of the site. Squibb asks if the underground culvert is cleaned. McSweeny states that it is a large culvert, 12 feet wide and 5 feet high, and that due to its size it is somewhat self-cleaning by flushing itself out. Lang asks if much sand is used in deicing the site. McSweeney states that there is very little sand used and that mostly salt is the main deicing agent. Lang would like to see salt totally phased out. Maxner reads into the record a letter from the Open Space and Recreation Committee commenting on improvements required by the Division of Fish and Wildlife of the andromenous fish run through the property. Paluzzi moves to close and issue a Negative #3 Determination of Applicability. Lang moves to amend the motion to include the following Special Conditions: ?? Any new catch basins installed shall include oil/gas separators in their design. ?? Sand shall be eliminated, if not already, from deicing materials. Seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. Conservation Commission Meeting Minutes December 7, 2004 Page 3 of 11 Recess for Public Hearings Paluzzi moves to recess for public hearings, seconded by Squibb. All members are in favor. Motion carries 5 - 0. Notice of Intent Cont: 330 Hale Street, DEP File #5-854 – Peter Nash Neither the applicant nor his representative appeared for the meeting. Dr. Johnson moves to continue the hearing for 330 Hale Street to January 11, 2005, seconded by Paluzzi. All members are in favor. Motion carries 5-0. Cont: 4 Fosters Point – John Waitt, Jr. (David Lang recuses himself from this portion of the meeting.) Bill Manuel, Wetlands & Land Management, Inc., represents the applicant. This project involves the demolition of an existing single-family house and construction of a new house within the same approximate footprint. A site inspection was held on Saturday, December 3, 2004 at 8:00 a.m. Manuell states that a variance will need to be approved by the Zoning Board of Appeals. Manuell hands out a revised plan which includes the foundation as slab on grade, and living space will be above the 100 year flood elevation of 10, the expanded footprint will be on street side, and the erosion control has more detailed specifications. Manuell explains that this will be a modular home which will come pre-assembled and brought in by crane and placed on the foundation, and estimates that construction time will be approximately 8 weeks. Paluzzi asks what the elevation of the slab will be. Manuell states it will be 7.82, and adds that the concrete foundation will have knockout panels to allow for tidal movement. Squibb asks what will happen to the tree. Manuell states that it will be selectively trimmed. Eileen Lang, 2 Fosters Point, asks how the existing deck area will be configured and if the front door will be moved closer to the side setbacks, and asks if he is aware of root trimming for trees. Manuell states the house will not extend past the existing footprint of the deck and the front door will be contained with in the proposed footprint of the street side of the house. He does not believe he will need to disturb any of the roots of the tree for this project. Maxner spoke with the Building Inspector, Bob Nelson, about construction of this nature within the floodplain to find out if there are any specific construction requirements that may change the plan presented to the Commission. She provides Manuell a copy of the Conservation Commission Meeting Minutes December 7, 2004 Page 4 of 11 Floodplain Ordinance and accompanying permit, which will need to be submitted and approved. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Dr. Johnson moves to close the hearing. Seconded by Hayes. All members are in favor. Motion carries 4-0. (Mr. Lang returns to the meeting.) 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 Maxner states the Commission has received a letter from the applicant’s representative requesting a continuance to the January 11, 2005 meeting. Dr. Johnson moves to continue the hearing for 2 Boyles Street to January 11, 2005, seconded by Paluzzi. All members in favor. Motion carries 4-0. (Hayes abstains.) Cont: 43 Paine Avenue – DEP File #5-857 – construct single family home – Barn Hill, LLC Maxner reads a letter from the applicant’s engineer into record again requesting a continuance to the March meeting. Dr. Johnson moves to continue the hearing for 43 Paine Avenue to the March 1, 2005 meeting, seconded by Paluzzi. All members are in favor. Motion carries 5-0. Goodenough arrives. New: 2 Fosters Point – DEP File #5-869 - install pile supported pier and float – Eileen Lang (David Lang recuses himself from the meeting for the following 3 hearings.) Maxner reads the legal notice. 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 goes onto explain that the first 60 feet of the pier will be within Salt Marsh and the piles for that section will be installed with a hand held auger, and she anticipates that 6 square feet of Salt Marsh will be disturbed by those eight piles. She proposes to replace 12 square feet with new grass plugs (a 2:1 ratio). Conservation Commission Meeting Minutes December 7, 2004 Page 5 of 11 Paluzzi asks how deep the piles will go on the Salt Marsh. Lang states 4-5 feet, and adds that the bottom of the decking will be 5 feet above the marsh. The end of the pier will sit on the top of the existing seawall. Hayes asks how the construction of the rest of the pier be conducted. Lang states that the floats will be pre-built and floated into place, and the remaining section of pier will be completed from the barge. Dr. Johnson asks what will happen with the spoils from the auger. Lang states that she would like to take that material and fill in the abandoned mosquito ditches and plant additional salt marsh grass in those areas, as right now they do not function and only serve to collect trash and debris. 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 the January 11, 2005 meeting pending a site visit scheduled for January 8, 2005 at 8:00 a.m., seconded by Hayes. All members are in favor. Motion carries 5-0. New: 6 Fosters Point – install platform, gangway and pile supported floats – Robert Gallagher Maxner reads the legal notice. Robert Gallagher is present to discuss the project. He is proposing to construct a pile supported 16’ x 12’ deck/platform, attached 3’ x 25’ gangway, and four pile supported 6’ x 24’ floats and 24’ x 16’ terminal float within tidal flats (i.e. coastal beach), land containing shellfish and land subject to coastal storm flowage of the Danvers River. Thirteen (13) 12-inch piles will be installed to support deck/platform and floats. The 16’ x 12’ deck/platform will be located approximately 82 feet from the existing concrete seawall, no structures are proposed between the seawall and proposed deck/platform. Paluzzi asks a clarifying question about the gangway and pier. Gallagher states that it will be removed seasonally, and that the floats will be sitting in mud at low tide, and suspects that some muscles may be found underneath the floats in that area. Dr. Johnson asks a clarifying question about Chapter 91. Maxner states that she believes there may be room between the seawall and the first structure for people to pass uninhibited. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Conservation Commission Meeting Minutes December 7, 2004 Page 6 of 11 Dr. Johnson moves to continue the hearing to the January 11, 2005 meeting pending a site visit scheduled for January 8, 2005 at 8:30 a.m., seconded by Hayes. All members are in favor. Motion carries 5-0. New: 10 Fosters Point –install pile supported pier and floats – Robert Thomson Maxner reads the legal notice. Mr. Thomson is present to discuss the project. He is proposing to construct approximately 275-foot pile supported pier and floats within Riverfront Area, Salt Marsh, and tidal flats of the Danvers River. The gangway will be approximately 30 feet long positioned in between the pier and floats. He explains that 6 piles will be used to secure the floats and 12 piles will be within the Salt Marsh and is willing to replace whatever amount of impacted grasses. He explains that he has done some planting of grasses in that area in the past and has had good success. Paluzzi asks if the floats will be sitting on the mud and what they are made of. Thomson states that at low tide, the floats will be in 5-6 feet of water, and the floats are made of poly type foam. Hayes asks how the piles within the Salt Marsh will be installed and what will be done with the soil. Thomson states that he anticipates using a hand held auger or a small bobcat machine, and he will use any excess soil to back fill the pile holes and the rest he will remove the site. Paluzzi asks how far down will the piles go. Thomson states he estimates around 5 to 6 feet deep. 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 the January 11, 2005 meeting pending a site visit scheduled for January 8, 2005 at 9:00 a.m., seconded by Squibb. All members are in favor. Motion carries 5-0. (Mr. Lang returns to the meeting.) New: 234 East Lothrop Street – construct detached garage and attached mudroom – Jan Miller Maxner reads the legal notice. Jan Miller, of Just additions, is present to discuss the project. He is proposing to construct a 14’ x 36’ detached garage and 7’ x 10’ mudroom within the Buffer Zone to the Bank of the stream that runs between East Lothrop and Iverson Streets. Maxner reminds members that excavation began without approval from the Commission, and the Conservation Commission Meeting Minutes December 7, 2004 Page 7 of 11 Commission ordered the work to cease and a $100.00 fine was assessed. The contractor, Jan Miller, paid the fine and work stopped and a Notice of Intent has been submitted. The rear edge of the garage is approximately 27 feet from the Bank. Maxner provides photographs she has taken of the area for members review. Paluzzi asks if there is a dewatering plan in place. Miller states that he intends to pump water to the street. Lang states that the pumped water will need to be filtered for sediment before it is allowed to enter any catch basin or resource area, and suggests that the applicant have a dewatering plan in place. Lang asks where the roof runoff will be directed. Miller states that he would be willing to consider a dry well or sump. Lang opens the meeting to the public. Donald Mocha, 236 E. Lothrop Street, reads from his letter submitted to the Commission for the public record. He explains that there is a severe flooding problem that exists, and the recent city drainage project has only slightly lessened the problem. He is concerned that the rear cement wall of the garage will act like a dam during high water flows and divert water to his property thus flooding him out. He is worried if this garage gets approved, the rest of the residents on the street will want to construct similar structures and the flooding situation that exists will be exacerbated. Marie Mocha, 236 E. Lothrop Street, asks what the elevation of the garage floor will be. Miller states it will be at grade. Mocha states that she is concerned about where the roof runoff will go and hopes that the Commission will not make any decisions tonight without looking at the property. Lang states that a site visit is needed. He asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to continue the hearing to the January 11, 2005 meeting pending a site visit scheduled for January 8, 2005 at 9:00 a.m., seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. New: 11 Greenwood Avenue – construct addition/garage – Jane Brusca Maxner reads the legal notice. The applicant is represented by Mary Rimmer, Rimmer Environmental Consulting, LLC, and Stephen Sawyer, Oak Engineers. Rimmer explains the applicant is proposing to construct a addition/garage within the Buffer Zone to Bordering Vegetated Wetland and Certified Vernal Pool located therein. The proposed garage is not within the 25-Foot No- Disturbance Zone, and is approximately 65 feet from the BVW at its closest point, and the proposed pea stone driveway surface is approximately 45 feet from the BVW at its Conservation Commission Meeting Minutes December 7, 2004 Page 8 of 11 closest point. The existing driveway will be repaired, and an underground drain will be attached to an existing pipe receiving roof runoff from the existing house. Paluzzi asks the dimensions of the garage. Sawyer states 24’ x 24’. Lang asks what will be done with the spoils from excavation. Sawyer states that it will be hauled off site, he does not intend stockpiling it on site. Maxner asks what the limits of the Vernal Pool are. Rimmer states that the limits of the pool coincide with the edge of BVW. She points out that there is pre-existing disturbance in the form of a gravel right of way, and states that road and the applicant’s property provides no habitat value for Vernal Pool species. Lang asks if the applicant would be willing to add supplemental plantings within the mulched area. Rimmer states that would be no problem, and will develop a native planting plan for that area if the Commission wishes. Goodenough states that waivers from the 100-Foot No-Disturbance Zone need to be discussed during the Commission’s findings in developing the Order. Hayes agrees. Lang asks if there are any further questions from the Commission 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. New: 76 Paine Avenue – remove existing house and construct new house and barn – Jack Swansburg Maxner reads the legal notice. Attorney Tom Alexander and Peter Ogren, Hayes Engineering, present for the applicant. Alexander explains the applicant is proposing to demolish the existing single-family house and construct a new house and barn within Buffer Zone to Bordering Vegetated Wetland. An Order of Conditions was issued for this property involving the reinforcement of the existing seawall. Ogren explains that test borings were taken in the area where the new house is proposed and results indicated that there was no historic fill there. Ogren states that he would like to submit a request for Certificate of Compliance of work completed on the seawall under a separate Order of Conditions. Paluzzi asks what the purpose of the barn will be. Ogren states that it will most likely house a tennis court. Conservation Commission Meeting Minutes December 7, 2004 Page 9 of 11 Lang asks what will be done with the spoils from excavation. Ogren states that whatever is not used for grading will be removed from the site. Paluzzi asks where the roof runoff from the barn will go. Ogren states they are proposing a drip edge as the roof will be pitched, but will work with the Commission if an alternative is needed. Johnson asks a clarifying question about the access to the property. Ogren states that the existing drive will be utilized apart from some reconfiguration immediately adjacent to the house, and that it will remain crushed stone. Lang asks how the roof runoff from the house will be handled. Ogren states they are proposing gutters leading to splash blocks. Lang asks if there are any questions from the public. A resident from 48 Paine Avenue that some boulders have fallen into the right of way and that the seawall seems to be failing. Ogren responds that was the intended plan of the project. Chris Velonis, 68 Paine Avenue, asks what square footage of resource area will be impacted by the house project. Ogren states that there is no direct resource area impact, only work in the 100-Foot Buffer Zone, and explains that the barn will be one level at 120’ x 60’, and the house will be 40’ x 40’. He goes onto explain that the seaside of the house is an AO Zone at elevation 9, which is also considered Land Subject to Coastal Storm Flowage, but not subject to wave action. He explains that there exists a drainage system in the middle of expansive yard on the seaward side, which he believes was rebuilt in 1978 and does have a Chapter 91 License. Paluzzi asks what the elevations of the house will be. Ogren states the basement will be at elevation 16 and the finished floor will be at elevation 25. Maxner suggests the Commission continue the hearing to schedule a site inspection so that the proposed project and seawall work can be observed. Lang asks if there are any further questions from the Commission or the public. There are none. Dr. Johnson moves to continue the hearing to the January 11, 2005 meeting pending a site visit scheduled for January 8, 2005 at 9:30 a.m., seconded by Paluzzi. All members are in favor. Motion carries 6-0. Orders of Conditions 4 Fosters Point – John Waitt, Jr. Conservation Commission Meeting Minutes December 7, 2004 Page 10 of 11 (David Lang recuses himself from the meeting.) Dr. Johnson moves to issue the following conditions: Standard Conditions The following Special Conditions: ?? Prior to any activity on site, a variance shall be applied for and obtained from the Zoning Board of Appeal and a copy submitted to the Conservation Administrator for review. ?? Demolition material shall be removed from the site daily. ?? Construction debris shall be removed from the site daily, and stored building materials shall be secured on the street side of the house. ?? A professional arborist shall conduct and/or oversee the trimming of the tree, and every effort shall be made to removed the minimum amount of branches. The motion is seconded by Goodenough. All members are in favor. Motion carries 5-0. (Mr. Lang returns to the meeting.) . 11 Greenwood Avenue – Jane Brusca Paluzzi moves to issue the following conditions: Standard Conditions The following Special Condition: ?? Prior to construction, a native planting plan for the mulched area shall be submitted to the Conservation Administrator for review and approval. The motion is seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Approval of Minutes Paluzzi moves to approve the minutes dated October 5, 2004 as amended, seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Other Business Draft Special Conditions for Docks & Piers Maxner states that she drafted a list of potential Special Conditions for projects involving piers and docks and asks that the Commission look them over. She states that she gleaned this list from the manual produced by DEP and CZM. Conservation Commission Meeting Minutes December 7, 2004 Page 11 of 11 Lang suggests changing the language for barges bottoming out. He thinks this may be unrealistic for most pile driving projects, but suggests that a time limit be placed on how long the barge can be there. Members agree to review the conditions and come back with any comments or changes at the next meeting. Ordinance Interpretation Maxner refers members to Section 24.6, the last paragraph in part C) on page 7. She asks the Commission if they meant for building permits to be obtained before work starts on a project. Paluzzi states that he is sure they meant for building permits to be signed off and valid before any work starts as they wanted the Ordinance to be more restrictive than the Act. Lang agrees and states that this was definitely the intention. Goodenough states that is how she interpreted this section as well. Maxner states that she will need to hold the building permit, as she is better able to secure her pre-construction meeting if the contractor knows she is withholding the permit. Lang suggests that the Planning Department be the last sign off before the final approval by the Building Inspector, and Maxner may need to walk the building permit over for that final approval. Maxner agrees to proceed in this manner to ensure all permits are valid and in place before work starts. Adjournment Paluzzi moves to adjourn, seconded by Squibb. All members in favor. Motion carries 6- 0. The meeting is adjourned at 9:50 p.m.