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2005-07-12 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: July 12, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chair) Tony Paluzzi (Vice-Chair), Linda Goodenough, Ian Hayes, Gregg Cademartori, Bill Squibb Mayo Johnson (arrives 7:20 pm) Members Absent: Others Present: Amy Maxner – Environmental Planner Recorder: Robin Levesque Lang calls the meeting to order at 7:00 p.m. Certificate of Compliance New: 65 Cross Lane – DEP #5-790 – Martin Greenstein Maxner reviews the project for the members stating that in December of 2002 the Commission issued a standard Order of Conditions approving the construction of 20’ x 40’ two-story addition, as well as minor grading along the edge of the driveway. She states that the applicant is requesting a waiver from Standard Condition # 41 requiring an engineered as-built plan and written affidavit from a P.E. or P.L.S. confirming conformance with the Order as the Commission accepted a sketch plan by the applicant. Maxner states upon doing a site visit she observed that the addition was slightly smaller than approved now measuring 18’x 39’. She states the landscaping was of stable condition as was the graded area adjacent to the driveway. She observed no outstanding issues. Paluzzi motions to issue a Certificate of Compliance and allow the waiver from Condition # 41. Seconded by Hayes. All in favor. Motion carries 6-0. New: Cabot Street – DEP #5-667 – Ronald Nadeau Maxner reviews the project for the embers stating that the Commission issued an Order of Conditions approving the construction of a single-family house in spread on the site, which the Commission allowed to be consolidated and stockpiled on the site, protected by hay bales through a Negative #3 Determination. Maxner states the applicant is submitting a new Notice of Intent for the house, but is looking to close this outstanding Order. Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 2 of 18 Paluzzi motions to issue a Certificate of Compliance. Seconded by Goodenough. Cademartori abstains. Motion carries 5-0-1 (one abstension). Request for Extension New: Chubbs Brook Drainage and Sewerage Improvements – DEP #5-778 – City of Beverly Maxner states the Commission has received a request for a two-year extension to the Order of Conditions for the City’s Chubbs Brook drainage improvement project. Frank Killilea, Jr. City Engineer states the drainage portion of the project is about 90% complete and the sewer portion is 80%. He states the contractors need to come back next year and pave, and that’s the reason for the extension. Killilea states the hydro seeding would be done in August. Lang asks Killilea why it is taking so long. Killilea states that gaining easements over private properties had taken a bit longer than anticipated, but the project is well on its way to completion. Lang asks if there is any improvement to the flooding situation. Killilea states that there hasn’t been a storm big enough to test it, and the storm in June wasn’t large enough to do that. Maxner asks about 0 West Street planting plan. Killilea states he spoke to John Dick about planting, they are waiting until September to start. Lang asks if there are any further questions. There are none. Paluzzi motions to issue a 2-year extension. Seconded by Goodenough. All in Favor. Motion carries 6-0. New: L.P. Henderson Road (Vitale Site Restoration) – DEP #5-774 – New England Power Maxner states the Commission has received a letter requesting a one year extension to the Orders of Conditions for the Vitale Site Restoration project which is due to expire in September. She states NEPCO would like to come back in September or October with a short presentation on the progress made so far. She states they were not prepared for this meeting. th Squibb asks if the open house site walk is still scheduled for September 17 and if so, th could NEPCO come in for the September 13 meeting to provide an update. Maxner states she will look into this possibility. 2 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 3 of 18 Paluzzi motions to approve the one-year extension and to have NEPCO attend the next meeting of September 13, 2005. Seconded by Goodenough. All in favor. Motion carries 6-0. Request for Determination of Applicability New: 32 Haskell Street – add two-story addition to existing house – Sam and Gwendolyn Stantial Maxner reads the legal notice. Johnson arrives. Gwendolyn Stantial, the applicant, explains the project to the members, stating they are proposing to construct a 20’ x 23’ addition within the Buffer Zone to Bank of Intermittent Stream and Bordering Vegetated Wetland. Maxner states that the addition will be about 63’ from the BVW and 65’ from the Bank at its closest points and will be within the existing paved portion of the driveway. Maxner states there will be no tree cutting, the driveway slopes away from the wetlands, it’s straight forward, she remarks. Maxner states she would like to include the following special conditions: 1. Silt fence shall be installed along the westerly edge of the driveway prior to any activity. 2. Excavated soil shall not be stored or stockpiled on site; if it is not removed from site immediately, it shall be stored in a manner to prevent erosion into the resource area. 3. The Conservation Administrator shall be contacted prior to construction to inspect the erosion control. Lang asks if the members have any questions. Squibb asks if the plan shows where the wetlands are. Maxner asks the Commission what they are looking for. Cademartori states that the plan does not indicate where the wetlands are located at the left of the house. Maxner states that the work is well out of the Buffer Zone from the wetlands as the stream meanders to the left. Lang states that this seems like a very straightforward project, and wouldn’t be inclined to ask for additional information with regard to the wetland line. Goodenough agrees, especially considering the distance from the wetland and that it is within existing pavement. 3 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 4 of 18 Paluzzi motions to issue a Negative # 3 Determination with the Special Conditions as described by Maxner. Seconded by Goodenough. All members in favor. Motion carries 7-0. New: L.P. Henderson Road/Cabot Street (former Vitale Site) –Cabot-Beverly, LLC Maxner reads the legal notice. Jonathon Casco representing Cabot-Beverly LLC states that New England Power Company (NEPCO) used the former Vitale Site mainly for years as a dump for flyash. He states the City has taken the land by tax title sometime in the early eighties. Casco states NEPCO is cleaning up the flyash, and the Commission has carefully reviewed that project. He states eventually the site will become ball fields with a parking area. He briefly explains the agreement established between NEPCO and his client for the temporary road to transport the flyash and access the site. His client is now before the Commission with a Request for Determination of Applicability to allow installation of a clean, sand-filled utility trench across the site and later to install the conduits in order to avoid digging in the flyash once the site work is completed. Casco refers to the plan submitted to the members stating the path shown in green, is the shortest path, the easiest to survey but would require disturbance of the parking lot for the conduits, and explains that Alternative 2 shown in yellow hugs the west side of the proposed parking lot which avoids the parking area. Maxner reads the following letters into the public record: ?? July 5, 2005 Memo from Tina Cassidy, City Planner ?? July 11, 2005 Memo from Frank Killilea, Jr. City Engineer ?? July 12, 2005 letter from Frank Killilea, Jr. City Engineer Maxner reads that Frank Killilea, City Engineer states in this letter that the design he prefers is Alternative # 2, and suggests that the conduits be installed at the same time to save the parking area from being dug up in the future. Hayes states he agrees with Killilea that he would like to see the conduits in. Goodenough states she agrees, and she thinks it should be done now. Lang asks how many pipes will be placed. Scott Patrowicz of Land Developent Engineering representing the applicant, states that there will be two, one would be iron ductile for water, the other would be 4” force sewer main, a sleeve with the main pipe inside and a water main. He explains that these pipes would be marked with magnetic tape so that locating them would be very easy in the field. Squibb asks if the trench design will be consistent with the rest of the cap for the site, which includes multi- layers of crushed stone and sand. He states he would assume this would surround the trench. 4 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 5 of 18 Patrowicz states if the Commission thinks there should more multi-layers as designed on the cap they will construct it that way, and states he will revise the cross section to show that. He states that they have worked closely with Mark Brownstien of Haley and Aldrich, who is the lead engineer on the Vitale Site restoration project. Lang asks how they plan on crossing the intermittent stream with the conduit. Patrowicz states there is no need to go under the culverts because there will be about 6 to 7 feet of packed gravel above the culverts so the conduits would be able to be above the culvert. Maxner states the Commission may want to consider a special condition prohibiting the conduit from crossing over the stream at this point since there is no approval for a permanent road. Squibb asks if crossing the Vitale Site for these utilities is their only option. Patrowicz states no, and explains the problems with the Alternative #’s 3 and 4. He states that Alternative # 3 would require too much disturbance to traffic, residents and the wetlands on Cabot Street, and Alternative # 4 is over City Airport Commission property and close the FEMA site and there are issues with this as well with wetlands disturbance. Squibb states that at a neighborhood meeting held by NEPCO at the church on Conant Street in April, it was made clear that the temporary crossing was to be removed. Casco states that the agreement between NEPCO and his client states that NEPCO would build the road such that it could be brought to the Planning Board standards if it were to be made permanent. Squibb states that he cannot see how an agreement could be made on property that neither the applicant nor NEPCO does not own. Casco states that this agreement in no way binds the City to anything and the City is still free to deny the installation of a permanent road, it was simply to provide a way for the two parties to work together for the benefit of both. Squibb states that there are easement issues that haven’t even been discussed with the City. Casco states that those details will be addressed once they are ready to permit the road. Hayes states that this is all a prelude to the applicant’s development and in essence there is momentum being created by the piecemeal approach and there will be pressure for the Commission to approve the road since the crossing and the conduits would already be there. Casco sates the Commission has full control of this site, but right now his client is just trying to plan ahead considering the nature of this site. Lang asks members if they have any other questions. Casco states they prefer Alternative 1 without installing the conduits at this time and his client would be coming back soon for additional permits for the permanent road. Squibb suggest to the members to go on a site walk, he states he doesn’t think they have enough information. Maxner states there is a 21-day deadline, which will be July 20, 2005, that the Determination needs to be postmarked, or hand delivered by. 5 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 6 of 18 Lang states he does not think a site inspection would provide any new information. He asks member what they think. Cademartori states there are many other projects that are much smaller than this proposal that have come under Notices of Intent and he believes that this project coming under a RDA is entirely inappropriate. Maxner states the Commission could chose to provide Determinations on all the Alternatives presented to them tonight. Lang states that he thinks that Alternative # 3 is approvable under this Determination and it seems that it has the least impact and least amount of issues. Patrowicz states that he doesn’t think that Alternative # 3 is viable as it would take many days to complete and would severely impact traffic and the neighborhoods. Peter Kelleher states that they have made great efforts to include the Commission in on their plans and they have met several times with various members of the Commission to discuss this proposal and it seemed to him that the Commission was amenable to the permanent road concept. Lang states that he would not characterize it that way, and he knows of only two meetings in the past two years and he has only been to one at which the discussion was very general and no approvals or support from the Commission was intimated. Maxner states that this concept has been discussed with her throughout the last two years and every time she has advised the applicant to submit a full Notice of Intent for the crossing and the road, but there hasn’t been any formal application and this seems to be a rushed process but thinks the applicant has plenty of time to design a plan and submit the NOI as requested. She also states that the applicant has been made aware of the two levels of control the Commission has over this site, one as a wetland regulatory authority and the second as the custodian of the property and that would require two separate approvals from the Commission. She states that with NEPCO’s time line for removing the crossing, she is not sure the applicant is properly planning for the time required for all the separate permits they will need for making it permanent. Kelleher states that they are a victim of another process, and that NEPCO has slowed the process for their plans. Lang asks if there are any further questions from the Commission. There are none. Johnson motions to issue a Negative # 3 Determination for Alternative # 2 without conduits. Squibb states that he would prefer the conduits be placed now. 6 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 7 of 18 Cademartori states that the Commission should remain consistent with the City Engineer’s suggestion of installing conduits now and he thinks it makes sense even if the road is not approved there is really no harm in having empty conduits in the ground. Johnson motions to amend his previous motion to require the conduits to be placed now. Maxner asks if the Commission would like to consider any special conditions, particularly with regard to the trench design and where the conduit should terminate. Discussion ensues regarding possible special conditions. Squibb moves to amend the motion to include the following special conditions: 1. Alternative # 2, which depicts the utility corridor running along and just outside the westerly edge of the proposed gravel parking lot, is the approved alternative under this Determination. 2. Conduit pipes shall be installed at the time of corridor installation. 3. The corridor/trench design shall be consistent with the design of the cap for the rest of the site. 4. The terminal ends of the corridor and pipes shall extend beyond the limits of the but shall not fly ash extend across the temporary culvert stream crossing. Seconded by Goodenough. All in favor. Motion carries 7-0. Renee Mary, 274 Hale Street, states she would like an opportunity to speak as a member of the public. Lang explains it isn’t a public hearing it is a public meeting and the Commission has closed discussion on this application. Minor Modifications Continued: 76 Paine Avenue – DEP #5-867 – Jack Swansburg Susan St Pierre of Forte Point Associates, represents the applicant explains to the Commission the modifications to the plan. She states the applicant wishes to fill beyond elevation 9 which is also Land Subject to Coastal Storm Flowage, and upon the request of the Commission will be providing compensatory flood storage as depicted on the plan. Johnson asks how many cubic yards will be taken away for compensatory storage. St. Pierre states that she is not sure and was not involved with the calculations. 7 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 8 of 18 Maxner states a letter dated July 12, 2005 from Gary Corsetti of Atlantic Design Group may clarify this question and reads the letter into the record. Lang asks if there are any further questions. There are none. Paluzzi motions to approve the modification. Seconded by Goodenough. All in favor. Motion carries 7-0. Recess for Public Hearings Paluzzi motions to recess for public hearings. Seconded by Goodenough. All in favor. Motions carries 7-0. Amendment to Order of Conditions New: 76 Paine Avenue – DEP #5-867 – Jack Swansburg Maxner reads the legal notice. Susan St.Pierre of Forte Point Associates, representing the applicant states that the amendment to the Orders of Conditions is to repair the failing seawall. She states at the site visit on July 9, 2005, plans where reviewed and discussed. She briefly explains the history of repairs on the wall and states that the applicant has engaged a geotechnical engineer to help in preparing this plan, and has determined that this design will have no positive or no negative effect on the sheet piling. She states that she has received correspondence from the abutters. Lang asks if members have any questions. Hayes asks which abutters have written to them. St. Pierre answers Mr. Oliver Wadsworth and Mr. Joseph Haley and provides a copy of the letter. Squibb states the wall is starting to collapse it needs to be repaired now or the rest of the wall will fail, and he is fearful that the rip rap is not extended far enough to protect the rest of the wall that has yet to collapse. He thinks that the rip rap needs to be extended at least another 40 feet to the east. Renee Mary, 274 Hale Street, asks if they are going to use big rocks, she states that is not going to work if the rocks are not big enough. Squibb asks how the two projects are going to join and thinks that the two applicants must work together to ensure the interface between the two properties adjoin. Joseph Haley of 75 Paine Avenue states we asked to have conditions from the Commission that ensure cooperation by both parties. 8 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 9 of 18 Cademartori asks if there is a cavity between the two properties. St. Pierre states that there is erosion between the two properties. David Smith of Vine Associates, states that the interface between the two wall designs is critical and construction sequencing will need to be worked out carefully. Lang asks if there are any further questions. There are none. Johnson motions to close the hearing. Seconded by Goodenough. All in favor. Motion carries 7-0. Notice of Intent Cont: off Boulder Lane – DEP #5-815 – construct multi-usage-restricted housing development with roads, utilities – Miles Group, Inc. Maxner reads letter from the applicant’s representative asking for continuance to the October 25, 2005 meeting. She states she informed the applicant’s representative that the Commission would hold a discussion tonight as requested by an abutter to the project, and indicates that no one representing the applicant is present at tonight’s meeting. Lorraine Iovanni, 28 Kennel Hill Drive, representative of the neighborhood group Friends of Prides Hill, and states she’s been following the matter closely, last September the applicant voluntarily withdrew the petition before the Zoning Board of Appeals, and there were no design plans finalized. Iovanni refers to 310 CMR 10.05 (4), regarding when a Notice of Intent expires, and the applicant and Attorney Alexander have shown no good cause to continue. She states she has some information that she would like to be entered into the public record. Iovanni states that Alexander portrays access to this property, and there is not according to the Town Manager in Wenham, and reads from a letter from the Town Manager of Wenham. She states that there are no petitions from Miles Group to the Town of Wenham, and they have not shown any plans, there is no good reason to continue. Lang asks Iovanni what she would like the Commission to do. Iovanni states this has been going on for more than 2 ½ years and the Commission needs to ask them to withdraw. Lang asks members what they want to do. Hayes states it seems clear that the Regulations provide for a 2 year window for the NOI to be entertained by the Commission, but is not sure when that time frame began. Maxner states that the applicant submitted the NOI in July of 2003 and the hearing was opened in September 2003, and she thinks that the two-year window is coming to a close. 9 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 10 of 18 Johnson asks why this is important whether it is continued or not. Iovanni states there is no final plan, no approval from the ZBA and no egress through the town of Wenham and she thinks this is wasting the Commission’s and the neighbor’s time. th Lang states the Commission could request that the applicant come to the September 13 meeting, and have them show cause for delay in these proceedings and asks members what they think of this idea. Hayes states that he thinks that the Commission has been very accommodating in allowing numerous continuances and it would be the least the applicant could do to show why they are stalling with the NOI. Paluzzi moves to request the applicant to attend the September 13, 2005 meeting and be prepared to explain and show good cause for delaying the proceedings. Seconded by Goodenough. All in favor. Motion carries 7-0. Continued: 2 Boyles Street – DEP #5-816 – Manor Homes at Whitehall, LLC Hayes recuses himself from this portion of the meeting and leaves the room. Robert Griffin of Griffin Engineering represents the applicant and states that there have been lengthly discussions about the Beverly Wetlands Regulations, and the applicant was asked if he would modify the project to fit the Regulations. He explains the applicant gave it some thought, and continues to contend that the Regulations do not apply to this project and the plan will not be changed. He provides this reasoning in a written summary submitted to the Commission. Lang asks if there are any questions. Goodenough states that even though the Regulations technically do not apply, it is still appropriate for the Commission follow the standards set out in the Regulations, and believes that the Commission is obligated and bound by those standards otherwise it could be construed as being arbitrary any other way. She goes on to explain that the Vernal Pool in Wetland B is the first Vernal Pool to be regulated under the Ordinance and the Commission intends to extend every protection available to that resource area. She states that the applicant has never inquired of the Commission which standards it would apply to this project and she thinks the Commission has made itself clear on that point without being asked outright. Attorney Tom Harrington representative for the Friends of Chapman Corner states the actions the Commission taken under its Ordinance would be defensible and the Regulations do not go beyond the authority the Commission has under the Ordinance, and serve to further clarify the Ordinance. Lang asks if there are any further questions. 10 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 11 of 18 Goodenough states that she thinks at this time it is appropriate for the Commission to take a formal vote on whether or not it intends to apply the standards set out in its Regulations to this project. Members agree. Johnson motions to close the hearing, and affirm that the Commission will apply the Regulation standard to the project. Seconded by Paluzzi. Cademartori abstains. Motion carries 5-0-1 (with one abstention). Maxner states the Commission has until August 2, 2005 to stamp or hand deliver the Order of Conditions and that a special meeting to discuss and vote on an Order needs to be scheduled. A special meeting is scheduled for Tuesday, July 19, 2005 at 7 p.m. Ian Hayes returns to the meeting. Continued: 11 Brookhead Avenue – Herlihy th Maxner reminds the Commission that a site visit was conducted on July 9 and asks if the Commission has any remaining questions. Lang states that this project seems to be straightforward and there doesn’t seem to be alternatives to the placement of the addition, and it does comply with the 25-Foot No- Disturbance Zone standard. Paluzzi agrees and thinks that as long as erosion control is used properly he would not have any concerns with this project. Paluzzi motions to close the hearing. Seconded by Goodenough. All in favor. Motion carries 7-0. Continued: Greenwood Ave – DEP #5-882 – Halifax Garden Co., LLC th Maxner reminds the Commission that a site visit was conducted on Saturday July 9 at which time upon the advice of Mike Collins, DPS Director, the Commission requested that the drainage be reviewed by CDM. She states that the Commission can expect this th review to be complete in time for the September 13 meeting. She asks the Commission to continue the hearing. Paluzzi motions to continue the hearing until the September 13, 2005 meeting. Seconded by Goodenough. All in favor. Motion carries 7-0. Continued: Old Ferry Landing – DEP #5-881 – City of Beverly Susan St.Pierre of Fort Point Associates representing the applicant states there were th questions regarding fueling at the last hearing and during the July 9 site visit, she surveyed 13 Communities, 11 responded 2 didn’t, and explains that 8 allow fueling as practiced in Beverly. She states the Riverfront Regulations do not apply as this is considered the Harbor and provides a copy of the mouth of river map from the DEP. 11 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 12 of 18 St.Pierre passed out information to the members, stating minor changes where made to the plan, regarding the floats as suggested by the Division of Marine Fisheries. She states she talked to the manager to replace the deck with concrete, but that will need to be discussed further and it is not prepared for this meeting. She states an application has been sent to the Army Corp of Engineers, she states the funding to do the water side is in place now but not the land side. Squibb asks did the concrete include the ramp. St.Pierre answers yes. Lou Bochynski, Facilities Manager, states the deck surface will be replaced, with concrete as a long-term solution. The existing pilings would be sufficient to hold the concrete deck. Lang states that this will need to be reviewed further by the Commission once plans are in place. Lang asks about the discussion with regulatory agencies about the channel. Bochynski states the limp float being put in place is close to the distance it is now. He explains that since the pier was put in the Mass Highway has changed the bridge a little more southerly, resulting in the channel more access to the south. Lang asks if there are any other questions. There are none. Paluzzi motions to close the hearing. Seconded by Goodenough. All in favor. Motion carries 7-0. New: 77 Paine Avenue – Oliver Wadsworth Maxner reads the legal notice. David Smith of Vine Associates representing the applicant, states the seawall fronts on the Atlantic Ocean, and on or about May 23 during a large storm a portion of the wall started falling. His firm performed a survey and formulated the best solution after considering several alternatives, and in his opinion it would be best to construct a concrete reinforced wall very similar to what previously existed. He explains in detail the design of the wall and construction methods. Smith passes out information from DEP, which indicates that this wall should not be constructed this way. He called Elizabeth Sabounjian, the DEP analyst to discuss the project and provide additional information for her. They discussed the plan and Ms. Sabounjian has provided verbal approval of the plan, as she now thoroughly understands the situation with the abutting property. Smith states the plan provided has been revised, and it show the revised footprint to comply with Ms. Sabounjian’s suggestion not to further encroach onto the beach than what had already been there. Smith states the transition between both properties is very important. The tide timing, storm season, and any more storms could exacerbate the existing problems. 12 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 13 of 18 Johnson asks about the slope. Smith shows how the two walls would come together by demonstrating the interface of the walls with two pieces of paper at an angle to eachother. Lang asks about heavy equipment on the beach. Smith states we are hoping to keep any equipment up on the land side of the wall. Hayes asks what the applicant would do if DEP would not allow this to be built. Smith states he thinks DEP’s comment was because they didn’t know what was going on next door, but if DEP still wasn’t in favor, they would work with DEP to come to a solution. Lang asks if there are any comments from the public. Joseph Haley, 75 Paine Avenue, asks how to coordinate the two properties, Swansburg may very well start his wall first, and both projects need to be done rapidly but he is worried that the interface may not be coordinated. He suggests that Swansburg to bring it down to grade. He has informed the Wadsworth’s they could have access over his property to reach the wall. Haley states the drainage system could be compromised by trucks going back and forth, encourage parties to settle on one access. He is somewhat concerned about the right of way access only because it is heavily used by families with children and this may be dangerous to people who have rights to use this way for beach access. Cara Hutchins, 60 Paine Avenue states the Wadsworth’s wall has historic significance and hopes the Commission will approve this plan. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi motions to close the hearing. Seconded by Goodenough. All in favor. Motion carries 7-0. New: 147-183 West Street – DEP #5-880 - 147-183 West Street Association Maxner reads the legal notice. Stacey Carpenter, Wetland Scientist from Hancock Associates representing the applicant explains the project to the members referring to the plans. She explains the project is a sewer extension including a private force main in the roadway. She states that the work is within the paved right of way and in the paved driveways and they designed the plan so that any additional work required for sewer hook up to individual houses would be outside the Commission’s jurisdiction which include Isolated Wetlands, Bordering Wetlands, 100-Year Floodplain at elevation 9 and the Buffer Zones. 13 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 14 of 18 Lang asks how the dewatering basins work, and where the water is going. Carpenter shows where on the plan there going, and states she doesn’t know what they do or where the water goes. Hayes asks how long the project will take. Carpenter states that it will take about 4 to 8 weeks all together. George Harrington, 147 West Street, states there has been a lot of water pumped for some of the sewer work and he thinks its going into the storm drain. Lang states that the dewatering needs to be free of sediment before it reaches any resource area, and thinks that maybe the Commission should require a dewatering monitor. Lang asks if there are any further questions from the Commission or the public. There are none. Johnson motions to close the hearing. Seconded by Paluzzi. All in favor. Motion carries 7-0. New: Cabot Street – construction of a single family home – Ronald Nadeau Maxner reads the legal notice. Stacey Carpenter, Wetland Scientist from Hancock Associates, representing the applicant explains an Order of Conditions was issued in 1999 for a single family house, nothing was done and the Order expired and the applicant is now coming before you with a new Notice of Intent. Carpenter states the work conforms to the 25-Foot No-Disturbance Zone and briefly explains the project. Lang states where the 25-Foot No-Disturb Zone there and seems to be notations that don’t conform to the Regulations. Carpenter states I don’t believe there were any waivers and the notations may be left over from the old plan. Lang would suggest that a special condition be required to make sure a revised plan is submitted prior to construction. Carpenter agrees that can be done. Hayes asks what the condition of the lot now and if there is any disturbance within the NDZ. Carpenter states she hasn’t been out there lately and describes what was there last year in July 2004 when she flagged the wetlands, which included some loam spread. Maxner states that the Commission required the applicant to consolidate the fill into one pile away from the wetland and to ring it with erosion control, which was done. Lang asks if there are any further questions from the Commission or the public. There are none. 14 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 15 of 18 Paluzzi motions to close the hearing. Seconded by Goodenough. All in favor. Motion carries 7-0. Order of Conditions 11 Brookhead Avenue – construct addition to single family home – Herlihy Paluzzi move to issue Standard Conditions and the following Special Condition: 1. Discarded soil presently stockpiled at the edge of the toe of slope and Bordering Vegetated Wetland shall be removed. Seconded by Goodenough. All in favor. Motion carries 7-0. Old Ferry Landing – DEP #5-881 – City of Beverly Paluzzi moves to issue Standard Conditions. Some discussion ensues regarding Special Conditions. Hayes moves to issue the following additional Special Conditions: 1. Fuel spill containment system shall be on site prior to construction. 2. If wood decking of public pier is to be replaced with a concrete surface, plans for such shall be submitted to the Commission for review. Seconded by Goodenough. All in favor. Motion carries 7-0. 76 Paine Avenue – DEP #5-867 – Jack Swansburg Paluzzi moves to issue Standard Conditions. Discussion ensues regarding Special Conditions. Goodenough moves to issue the following additional Special Conditions: 1. No heavy equipment shall be stored or operated on the coastal beach. 2. In order to minimize negative impacts on the adjacent resource areas, the applicant shall work with the neighboring property owner at 77 Paine Avenue to coordinate a single means of access to the work area, as the applicant’s neighbor will be conducting work on the adjacent portion of the seawall as well, under Order of Conditions DEP File # 5-884. 3. In order to protect the adjacent resource areas and properties, the engineers working for the applicant and the neighboring property owner at 77 Paine Avenue shall work together to coordinate construction at the interface of the two designs of the seawall at the property line. Seconded by Goodenough. All in favor. Motion carries 7-0. 77 Paine Avenue – Oliver Wadsworth 15 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 16 of 18 Paluzzi moves to issue Standard Conditions and the same Special Conditions as described for 76 Paine Avenue: 1. No heavy equipment shall be stored or operated on the coastal beach. 2. In order to minimize negative impacts on the adjacent resource areas, the applicant shall work with the neighboring property owner at 76 Paine Avenue to coordinate a single means of access to the work area, as the applicant’s neighbor will be conducting work on the adjacent portion of the seawall as well, under Order of Conditions DEP File # 5-867. 3. In order to protect the adjacent resource areas and properties, the engineers working for the applicant and the neighboring property owner at 76 Paine Avenue shall work together to coordinate construction at the interface of the two designs of the seawall at the property line. Seconded by Johnson. All in favor. Motion carries 7-0. 147-183 West St. – DEP #5-880 – 147-183 West Street Association Johnson moves to issue Standard Conditions with the following Special Conditions: 1. The applicant shall secure and independent professional engineer or wetland scientist (or other qualified professional) to serve as a monitor for dewatering activities. 2. The dewatering monitor shall submit weekly (or as appropriate depending on work progress) reports detailing dewatering activities. Seconded by Goodenough. All in favor. Motion carries 7-0. Cabot Street – Ronald Nadeau Johnson moves to issue Standard Conditions and the following Special Conditions as discussed during the hearing: 1. A revised plan eliminating the notations indicating proposed lawn and existing fill piles within the 25-Foot No-Disturbance Zone shall be submitted to the Commission prior to any work on site. 2. The existing pile of fill located at the northerly boundary of the property shall be removed from site. 3. Prior to any work on the site, any remaining piles of fill on the property shall be removed at the discretion of the Conservation Administrator. 4. Granite or concrete markers/monuments shall be placed along the limit of the 25- Foot No-Disturbance Zone at 25-foot intervals. 16 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 17 of 18 Seconded by Paluzzi. All in favor. Motion carries 7-0. Approval of Minutes Paluzzi motions to approve the April 12, 2005 meeting minutes as amended. Seconded by Goodenough. All in favor. Motion carries 7-0. Old/New Business Continued: Dunham Road/Maestranzi – Enforcement Order Maxner states that she conducted a site inspection today and that the erosion control is in place and the Buffer Zone is being respected as discussed at the site visit conducted by th the Commission on June 16. Paluzzi motions to lift the Enforcement Order provided that erosion control stays in place. Seconded by Goodenough. All in favor. Motion carries 7-0. 277R Hale Street Maxner states that at the direction of Chairman Lang, she conducted a site inspection at 277R Hale Street as a neighbor had contacted Lang about possible encroachment into the salt marsh. She states that there seems to be die off of the marsh grass along the strip of lawn and there is dumping of yard waste within the marsh further down the right of way path leading to the beach. She hands out photos of the area for members to view. Lang suggests Maxner sends them a letter ordering that they cease and desist from this encroachment. Paluzzi agrees and states that a letter seems appropriate at this time, but if it continues the Commission can always chose to issue an Enforcement Order. Maxner states she thinks is may be two separate residents that are creating these violations. Hayes states that the letter should make it clear that the Commission can assess fines if the violations continue. MACC Membership Maxner states that the Commission’s membership to the MACC is up for renewal and it will total $295.00, and asks the Commission if they would like to renew and vote to approve that expenditure. Johnson states that this membership is critical and that MACC provides much support to Commissions and he would like to see the membership renewed. Paluzzi agrees. Paluzzi motions to approve the $295.00 for the MACC membership. Seconded by Goodenough. All in favor. Motion carries 7-0. 17 Beverly Conservation Commission July 12, 2005 Meeting Minutes Page 18 of 18 Dunham Road Vernal Pool Maxner states that the vernal pool located along the left side of the access road to the Hasbro site has been certified. Tall Tree Drive Conservation Land Frontage/Access Maxner states that the Open Space Commission is trying to re-establish the access to the Conservation Commission property off Tall Tree Drive and some trail blazing will be necessary, but that the area is within BVW and Buffer Zone. She states that once the frontage is flagged she will come back to the Commission with a more detailed plan for trial blazing. Adjournment Paluzzi motions to adjourn the meeting. Seconded by Goodenough. All in Favor. Motion carries 7-0. Meeting adjourns at 11:15 p.m. 18