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2006-01-10 City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: January 10, 2006 Place: Beverly City Hall, 191 Cabot Street Board members present: David Lang (Chairman), Tony Paluzzi (Vice-Chair) Mayo Johnson, William Squibb (arrives 7:20 p.m.) Board members absent: Gregg Cademartori, Ian Hayes Others present: Amy Maxner, Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:20 p.m. Former Vitale Site – Discussion with Mayor Scanlon Lang states as two members were not able to attend tonight’s meeting, this discussion with the Mayor has been postponed to the January 31, 2006 meeting. Certificate of Compliance New: Sam Fonzo Drive – DEP File #5-685 – Liberty Publishing Inc. Peter Ogren, Hayes Engineering, representative for the applicant, states is here to request a Certificate of Compliance for the original Order of Conditions, issued in February 2000 for the construction of a 14,750 square foot manufacturing building, parking and associated appurtenances. Maxner states she conducted a site inspection last week with Chris Sparages. She states the stakes from the hay bales and some of the silt fence still remains in the field, which served as the limit of work. She explains that Sparages reestablished the wetland flags closest to the work for observation in the field per her request. She states there was no evidence that any of the work went beyond the erosion control line, and all areas looked stable with well-established vegetation and the as-built condition are in substantial compliance with the approved plan. She explains that there are no outstanding issues other than the remnants of the erosion control and the DEP File sign that should be removed. Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 2 of 7 Paluzzi motions to issue a Certificate of Compliance and to require that the hay bale stakes and silt fence and sign be removed. Seconded by Johnson. All in favor. Motions carries. 4-0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Johnson. All members in favor. Motion carries 4-0. Cont: 395 Hale Street – Endicott College Joe Orzel, Gulf of Maine, states this project involves construction of an addition, outdoor tent foundation and other site work within Buffer Zone to Coastal Bank and Land Subject to Coastal Storm Flowage. He introduces Bernard Paquin, P.E. of Dana F. Perkins, Inc., Bill Vitkosky and Dennis Monaco of Endicott College, all of who accompanied th Commission on a site inspection on Saturday, January 7. He explains as a result of this visit, the Commission requested additional information regarding the vegetated ledge outcropping with which trees will be taken and what activities are proposed; the Commission also requested a revised plan for the concrete slab location as it would have disturbed an area of trees and well established vegetated in the original proposed location which strived to avoid the 25-Foot No Disturbance Zone to the Coastal Bank out cropping found within the middle of the site. He goes on to review in detail other minor changes made to the plan. Discussion ensues regarding the nature path and removal of trees and replanting of native shrubs. Orzel provides a diagram of the area in question, which depicts the trees to be taken. Orzel explains the gravel drive has been shifted north in order to avoid impacting the mature Ginkgo tree, and the number of parking spaces have been reduced from 58 to 51 to save additional trees at the entrance of the property. Squibb asks if the applicant has responded to the DEP’s comment letter. Orzel states he was not aware of the DEP’s letter. Discussion ensues regarding the DEP’s comments and it is agreed that they should be formally addressed prior to closing the public hearing. Lang asks if there are any further questions from the Commission or the public. There are none. Johnson moves to continue the hearing to the January 31, 2006 meeting to provide the applicant time to respond to DEP’s comments. Seconded by Paluzzi. All in favor. Motions carries 4-0. Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 3 of 7 Cont. off LP Henderson Road and Cabot St. – Cailin LLC c/o Stanley Bialek Maxner states the Commission has received a letter from the applicant’s attorney granting a continuance to the January 31, 2006 meeting, as two of the members would not be in attendance at tonight’s meeting. st Paluzzi moves to continue the hearing to the January 31 meeting. Seconded by Squibb. All members are in favor. Motion carries 4-0. Cont: 159 West Street, DEP File #5-899 – Helen Grela Mary Rimmer, Rimmer Environmental representing the applicant, states the Commission will recall the applicant is proposing to perform landscaping improvements, constructing a free standing deck, terrace and carving stairs into the existing ledge of the Coastal Bank to access the beach, as well as landscaping improvements within Buffer Zone to BVW. She explains some of the work is within the 25’ No Disturbance Zone (25’ NDZ). Lolly Gibson, the applicant’s landscape consultant, states she accompanied the Commission on th a site inspection January 7 and provides a revised report detailing the methods for carving the stairs into the ledge. Johnson asks a clarifying question regarding the “feather and wedge” method for carving stone. Gibson states it is very much like sculpture work where very tiny holes are drilled into the stone, which is feathering, and then these areas are gently tamped, or wedged, to loosen and further shape the rock. She explains this is all done by hand and the applicant already has secured the services of a contractor who has much experience doing this work. Discussion ensues regarding the stone terrace and the condition of existing vegetation on the Coastal Bank. Lang asks how the presence of the stone terrace impacts the function of the Coastal Bank. Rimmer states the Coastal Bank serves to provide storm damage prevention and flood control, neither of which will be impacted by the stone terrace. Paluzzi asks if the grass and vegetation under the wooden deck platform will eventually die off. Gibson states yes. Johnson states he thinks the Commission needs to be consistent in its application of the 25’ NDZ standard and is not of the opinion that the wooden platform meets approval standards. Lang asks if the applicant would be willing to eliminate the wood platform. Gibson states that would be no problem. Lang asks if there are any further questions from the Commission or the public. There are none. Johnson moves to close the hearing. Seconded by Paluzzi. All in favor. Motion carries 4-0. Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 4 of 7 New: 47 Grover Street – John Hyland Maxner reads the legal notice. Peter Ogren, Hayes Engineering representing the applicant, states the proposal is to construct a single-family house within Buffer Zone to Bordering Vegetated Wetland of an intermittent stream and a small pond. He explains this lot was recently subject to an ANR with the Planning Board. He goes on to review the plan in more detail and explains the project respects the 25-Foot No Disturbance Zone. Paluzzi asks the area of the 25-Foot No Disturb Zone. Ogren states it is approximately 25’ x 50’, for an area of about 1,250 square feet. Discussion ensues regarding roof and driveway runoff and the possibility of including a stone drainage trench along the southern edge of the driveway. Lang asks if there are any questions from the public. There are none. Members agree that a group site visit would be advantageous. Paluzzi moves to continue the hearing to the January 31, 2006 meeting, pending a site inspection scheduled for Saturday, January 28, 2006 at 8:00 a.m. Seconded by Squibb. All members are in favor. Motion carries 4-0. Old/New Business New: 18 & 20 Longmeadow Road – Enforcement Order Action Update Maxner states the Commission will recall conducting a site inspection on Saturday, th January 7 at which the owner, Sebastian Barcelar, explained he was unsure what the Enforcement Order required him to do. Maxner states she and the Commission explained to Barcelar that he was ordered to cease and desist from any further work on both properties and to secure the services of a professional wetland scientist to flag the wetland. Maxner goes on to explain the Commission will allow Barcelar some time to contact and hire a wetland scientist and she will follow up with him at the end of the week or the beginning of next week and will continue this item to next meeting’s agenda. 7 Margaret Avenue, Dennis Britton – DEP File #5-861 Lang recuses himself from this portion of the meeting and leaves the room. Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 5 of 7 John Dick, Hancock Associates, representing the applicant, states Maxner discovered a discrepancy between the approved plan and the seawall as currently built on a site inspection. He states Maxner issued an Enforcement Order, at which time all work on the pier ceased and he, the applicant and the applicant’s pier contractor are now here before the Commission to further discuss the situation. Dick goes on to explain the plan called for the top of the seawall to be at elevation 10, but his applicant misinterpreted this number to mean the wall to be 10 feet in height. He states he, as the consultant is to blame for this mistake, as he did not effectively communicate with his client. He states his intent was to stay away from a very large seawall as he did not wish to engage a structural engineer, but Mr. Britton has had the wall permitted by the Building Inspector. He explains his client’s intent was to protect his house and footings of his deck from the eroding bank and the height of the wall reflects that intent. Maxner provides photographs of the seawall as well as conditions of the banking prior to any construction for members to review. She states the Commission should probably conduct a site inspection. Johnson agrees and states the Commission could not take any formal action, as there is no quorum for this item. Discussion ensues regarding neighboring seawall elevations, the approved plan and the progress of the pier. Members agree to schedule a site inspection for Saturday, January th 28 at 9:15 a.m. Members agree to only allow the remaining piles to be driven as they st will not impact the seawall in any way and continue this discussion to the January 31 meeting. Lang returns to the meeting. 147-183 West Street, DEP File #5-880 John Dick, Hancock Associates, addresses the Commission regarding potential amendments to this project. He explains the project involves connecting to the municipal sewer system and he states there are several changes that his clients have asked him to inquire about: 1. Two or three of the residents wish to avoid disturbing their driveways and would like to run their sewer lines under the Bordering Vegetated Wetlands located at the mouth of the driveways and along West Street; 2. The potential contractor thinks the proposed dewatering basins to be too small and spaced too far apart to be effective, and would like to be able to use hay bale detention basins at greater frequency along the road; 3. The applicants wish to perform water service upgrades as part of this project; Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 6 of 7 4. The elevation of the road is a problem during extreme storm events and can be impassable at times and the residents would like to raise the elevation of the road. The Commission encourages Dick to submit a request for and Amended Order of Conditions for these changes, but indicates it would not be in favor of allowing the sewer connections to impact the wetland resource areas and strongly discourages him from including this in the amendment. Orders of Conditions 159 West Street, DEP File #5-899 – Helen Grela Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. The proposed wooden deck platform within the 25-Foot No Disturbance Zone shall be eliminated from the plan as agreed by the applicant’s representatives. 2. Prior to any other work on the property that is proposed in the subject Notice of Intent, the clean up and restoration activities proposed within the Buffer Zone to the Bordering Vegetated Wetland shall be completed. 3. The large dead fallen tree located within the Buffer Zone to the Bordering Vegetated Wetland shall remain in place. 4. A native ground creeping shrub shall be planted at the base of the oak tree located just east of the proposed dry laid stone terrace. Seconded by Squibb. All members are in favor. Motion carries 4-0. Approval of Minutes Paluzzi moves to approve the minutes from the September 13, 2005 meeting. Seconded by Johnson. All members are in favor. Motion carries 4-0. The vote for approval of minutes of October 4, 2005 meeting, was tabled to the January 31, 2006 meeting. Paluzzi moves to approve the minutes from the November 22, 2005 meeting. Seconded by Johnson. All members are in favor. Motion carries 4-0. Beverly Conservation Commission January 10, 2006 Meeting Minutes Page 7 of 7 Approval of Expenditures Maxner requests reimbursement for mileage for the following months of October, November, and December for a total of 186 miles at $.20 per mile which equals $37.20. Paluzzi moves to approve the expenditure and reimburse Maxner $37.20 for mileage. Seconded by Johnson. All members are in favor. Motion carries 4-0. Maxner informs the Commission of the latest invoice received from George Hall of Anderson & Kreiger, LLP, the Commission’s independent counsel for the Boyles Street/Manor Homes at Whitehall appeal, in the amount of $447.75 for services provided. Adjournment Paluzzi moves to adjourn. Seconded by Johnson. All members are in favor. Motion carries 4-0. Meeting is adjourned at 9:15 p.m.