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2005-10-25 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: October 25, 2005 Board: Conservation Commission Subcommittee: Members Present: Tony Paluzzi (Vice-Chair), Ian Hayes, Gregg Cademartori, Mayo Johnson, Bill Squibb (arrives 7:15 p.m.) Members Absent: David Lang Others Present: Amy Maxner – Environmental Planner Recorder: Amy Maxner Paluzzi calls the meeting to Order at 7:00 p.m. Request for Determination of Applicability Cont: 8, 10, 12 Yankee Way – David Gabriel David Gabriel, applicant, states that he has a letter from his landscape contractor, which provides information the Commission requested at the site inspection in September. He provides copies for the Commission members and explains he expects to use about 100 yards of loam, and it will be spread by hand. He states there will be hay bales installed at the base of rip rap wall along a flat edge and will remain until the grass is well established. He explains the trees and shrubs will be planted by hand. Paluzzi asks if the loam is strictly for grass on the slope and that none of it will be for the basin. Gabriel states that it will only be spread along the rip rap and will stop at the flat area where the hay bales will be located. Maxner states that she wants to make sure that the trees and shrubs will only be planted along the berms of the basin and not within the basin. Gabriel states that he does not intend to put anything into the basin. Cademartori asks when the work will commence. Gabriel states that it looks like he will begin in late Spring 2006. Hayes asks how long it will take to complete the project. Gabriel states about 3 days based on how long it took his landscaper to plant the front of his house. Hayes asks with all the recent rains, how do the basins look now. Gabriel states that the low marsh area has no water in it, but the high marsh did but it drained fairly quickly. He states that the replacement wetland area is the wetter area holding more water for longer periods of time. Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 2 of 8 Squibb arrives. Paluzzi asks if there are any further questions from the Commission. There are none. Johnson moves to issue a Negative # 3 Determination. Seconded by Hayes. Squibb abstains. Motion carries 4-0-1 (one abstention). New: 16 & 18 Thissell Street – Stephen Pletcher Maxner reads the legal notice. George Zambouras, engineer for the applicant, states the project involves the installation of water and sewer and utility services to 16 and 18 Thissell Street. He explains that both houses are not on City sewer, and # 18 is not on City water, and that the utilities are presently overhead and the idea is to place them underground. He states that all the work for the trenches will be within the existing paved common driveway, portions of which fall within the 100-Foot Buffer Zone to a wetland area to the right of the driveway. He goes on to explains that the applicant had ground penetrating radar performed to determine the profile of the ledge and reviews the cross section plan with the Commission. He explains the limit of work and that there will be erosion control placed along the driveway where the stonewall ends. Paluzzi asks if they will need to blast. Zambouras states that they will try to hammer and chip the ledge first as that is the preferred method if the ledge is soft enough, but blasting may need to be done. Cademartori asks where the present leaching fields are located. Zambouras states that they are out of the Buffer Zone, # 16 has its tank in the their driveway and the systems will be abandoned per Title 5; pumped and crushed in place. Palazzi asks if the driveway will be expanded. Zambouras states that the dimensions and grade of the driveway will remain the same and it will be repaved. Hayes asks how far the work will be from the wetland. Zambouras states that it is about 50 feet. Paluzzi asks to what depth will blasting occur, if the existing water main will stay in place and what the new pipes will be made of. Zambouras states that he estimates about an average of 4 ½ feet, 5 ½ in some spots and shallower of about 18 inches in others; he states that he has not sure if the existing water main will remain; he states that the sewer will be PVC as will the electrical, and the water will be copper or polyethylene. Squibb asks if the telephone poles will be removed from the wetland. Zambouras states that the poles will stay, but he assumes that the wire will be removed. 2 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 3 of 8 Hayes asks how long it will take to complete the work. Zambouras states about 5 to 8 weeks. Paluzzi asks if there are any further questions from the Commission. There are none. Johnson moves to issue a Negative # 3 Determination. Seconded by Hayes. All members are in favor. Motion carries 5-0. Recess for Public Hearings Johnson moves to recess for public hearings. Seconded by Hayes. All members are in favor. Motion carries 5-0. Notice of Intent Cont: Greenwood Avenue - #5-882 – Halifax Garden Co. LLC Maxner states the project involves the construction of two single-family homes, driveways, and stormwater detention basin. Maxner states the Commission will recall requiring a drainage review by CDM, which is now ongoing. She states the applicant’s nd attorney has requested a continuance to the November 22 meeting. nd Johnson moves to continue the hearing to the November 22 meeting. Seconded by Hayes. All members are in favor. Motion carries 5-0. Cont: Off Folger Avenue - Bass River Beverly, LLC Robert Reed, representative for the applicant, states that at the site inspection on October th 8, the Commission requested further information regarding the location of the drainage easement with relation to the proposed aluminum gangway. He reviews the subdivision plan, which depicts the easement and compares that to the proposed pier and gangway plan, and states that there is about a 60 foot span between the base of the drainage easement to where the gangway would begin. A short discussion ensues regarding the establishment of the homeowners association for the subdivision. Cademartori asks what the clearance of the gangway will be over the marsh, and if the structure could be moved to avoid salt marsh altogether as the area immediately to the west is void of salt marsh vegetation. Reed responds that there will be about 5 ½ feet of clearance over the marsh and the plan intends to avoid any piles within the marsh, and the gangway will sit on upland on the landward side and is at that particular location due to Chapter 91 requirements that the structure must be 25 feet from neighboring property lines. 3 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 4 of 8 Paluzzi asks when the pier is slated for construction. Reed states that it will be up to the homeowners in the subdivision to front the money to construct it and when it will be built will depend on that, but that he does not expect it to happen for about a year or so after the houses are sold. 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 Hayes. All in favor. Motion carries 5- 0. New: 62 South Terrace – Michael Burta Maxner reads the legal notice. Peter Furerback, attorney for the applicant, provides a brief introduction to the project and hands the discussion over the Joseph Orzel with Gulf of Maine Co. Orzel states the project is to renovate an existing two-family house and other site improvements, and provides revised plans for members to review. He explains the site contains the following resource areas: coastal bank, land subject to coastal storm flowage, 100-year floodplain, 200 foot riverfront area and 100 foot buffer zone. He states that the seawall does have a Chapter 91 license and repairs to that will come under a separate NOI at a future date. Orzel explains that the house will be elevated and the basement will be demolished and a new one will be poured concrete. He details other site improvements, and addresses the waiver criteria for the 25-Foot No Disturbance Zone. Paluzzi asks what the basement is made of now. Orzel states that about 40% is cinder block and the rest is a hybrid of cinder block and concrete all to be converted to poured concrete. Hayes asks what will the finished basement have for headroom. Orzel states that it will be 6 feet in some areas and 4 feet in others based on the underlying topography. Squibb asks if there will be a French drain under the house. Orzel states that there will be an underground drainage system that outlets into a drywell which will be constructed where the existing septic tank is now, and shows the location of the drain system on the plan. Paluzzi asks if there are any questions from the public. Resident of 60 South Terrace asks if there will be any blasting for the basement and what the new walkway will be made of. Orzel responds that the ledge will be chipped and no 4 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 5 of 8 blasting is proposed, as with the trench for the sewer, he goes onto explain that the existing bituminous concrete walkway will be removed and replaced with pervious pavers. Joan Gallagher, immediate abutter to the west, states she is very concerned about the erosion at the interface between her and the applicant’s property and asks for a copy of the revised plan. Orzel states there are currently no gutters on the house which has led to erosion channels that now exist and the infiltration that the new drainage and dry well system will be much improved, and states that some wave action has contributed to erosion of the seawall which will be addressed in a future application. Paluzzi suggests that the hearing be continued and a site inspection scheduled. Members agree. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Paluzzi asks that the edge of the new deck be staked out. Johnson moves to continue the hearing to the November 22, 2005 meeting, pending a site inspection scheduled for Saturday, November 12, 2005 at 9:00 a.m. Seconded by Cademartori. All members are in favor. Motion carries 5-0. Old/New Business Cont: Standley Street Compost Facility – Site Inspection Discussion Maxner states that some of the members conducted a site inspection of the Standley th Street Compost facility on Saturday, October 8 and the area adjacent to the stream was observed, as was the rear of the property and edge of compost facility activity. Hayes states that he has driven by the site several times since the site inspection and the stream is running clear at this time. He thinks that maybe with the very dry summer, there may have been some concentration of precipitates that turned the water brownish yellow, but now that there has been some measurable rainfall it has been flushed out naturally. Cademartori states that the low groundwater may be the cause, or that there is some sort of turbidity between the top of the road and the outlet of the stream but it would seem with the recent rains there would be further turbidity. He states that this is a low energy system and most likely there is some sort of precipitate that got flushed out with the rains. Members agree to keep monitoring the stream and if anything changes an additional site visit will be scheduled to walk the entire length of the stream between the road and the compost site. 5 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 6 of 8 Members suggest that Maxner contact Pat Grimes, Ward 6 Councilor, to inform her of the Commission’s findings. Election of Officers and Membership A brief discussion ensues regarding election of officers and it is agreed to place this on nd the November 22 agenda. A brief discussion ensues regarding membership of the Commission and the open seat. Members suggest that this vacancy should be announced with the Trustees of Reservations, Mass Audubon or the Essex County Greenbelt as there are most likely many members of those organizations that are Beverly residents. Approval of Expenditures Maxner states that the Commission needs to approve two expenditures for invoices relating to the Manor Homes at Whitehall appeal: $13.84 for UPS shipping of a complete copy of the record (DEP File # 5-862) to the Commission’s outside counsel Attorney George Hall, and $251.87 for services provided to date by Attorney Hall in preparation. Johnson moves to approve both expenditures. Seconded by Squibb. Hayes and Cademartori abstains. Motion carries 3-0-2 (two abstentions). Maxner asks if the Commission would be interested in taking a vote to approve a certain amount of money to expend on the Whitehall case as she thinks that Commission’s attorney will bill on a monthly basis, and that way the bills up to a certain dollar amount could be paid without needing to wait for separate approvals. Paluzzi suggests that Maxner inquire of an estimate for expenses for the remainder of the year and this figure could be voted on by the Commission to stream line this process. Hayes suggests that for other items that are below $25, the Commission could vote to allow Maxner to expend anything below that sum on a monthly basis to further stream line the process. Maxner states she will inquire with John Dunn, Finance Director on this idea. 527 Essex Street – Scouras Enforcement Order Maxner states that pursuant to the Enforcement Order the Commission issued for non compliance with an Order of Conditions, Mr. Scouras has retained the services of Bill Manuell Wetlands & Land Management to prepare the required replanting plan. Manuell has inquired as to whether the Commission will require an after the fact NOI for the garage. Members discuss this issue and agree that this question can be addressed at the nd November 22 meeting when a replanting plan is presented. 6 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 7 of 8 Order of Conditions Off Folger Avenue - Bass River Beverly, LLC Johnson moves to issue Standard Conditions. Discussion ensues regarding Special Conditions. Hayes seconds Johnson’s motion and moves to issue the following Special Conditions: 1. Any changes to the configuration of any part of the proposed structures must be reviewed and approved by the Commission prior to implementation in the field. 2. Concrete footings shall be installed at the landward edge of the proposed gangway and the gangway shall be resting on and anchored to these footings. 3. Any seasonal ramps or floats shall be stored in an upland location, excluding any land on Parcels A and B owned by the City of Beverly, and shall not be dragged across the salt marsh to be stored. 4. Piles shall not be placed within the salt marsh. 5. Dredging is neither proposed nor permitted under this filing. 6. Future maintenance/repair of approved structure(s), in strict compliance with the approved plan and the conditions of this Order, is permissible. 7. 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, or salt marsh during construction of the pier. If there are no alternatives to not using heavy equipment in these areas, a construction plan shall be submitted to the Conservation prior Commission to construction. 8. Cutting of all pressure treated wood shall be conducted on land, or in a manner as to contain cuttings and avoid their reaching the resource areas. 9. 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 and creosote treated wood are explored. Wood preservative must be dry before treated wood is used in construction. 10. Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal, not jetted. 11. Motorized vessels shall be moored stern seaward at the float or end of the pier to prevent “propeller dredging” and turbidity. 12. 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). 13. Individual deck planks of the structure shall be spaced at least ¾ inch apart. All members are in favor. Motion carries 5-0. Approval of Minutes 7 Beverly Conservation Commission October 25, 2005 Meeting Minutes Page 8 of 8 Johnson moves to approve the minutes from the June 14, 2005 meeting as amended. Seconded by Hayes. All members are in favor. Motion carries 5-0. Hayes moves to approve the minutes from the July 12, 2005 meeting as amended. Seconded by Cademartori. Johnson abstains. Motion carries 4-0-1 (one abstention). Adjournment Johnson moves to adjourn. Seconded by Hayes. All members are in favor. Motion carries 5-0. Meeting adjourns at 9:45 p.m. 8