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1005-10-04 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: October 4, 2005 Board: Conservation Commission Subcommittee: Members Present: Tony Paluzzi (Vice-Chair), Ian Hayes, Gregg Cadmartori Mayo Johnson & Bill Squibb (arrives 7:30 p.m.) Members Absent: David Lang (Chair) Others Present: Amy Maxner – Environmental Planner Recorder: Robin Levesque Paluzzi calls Meeting to Order at 7:00 p.m. Discussion with John Dunn, Finance Director – Consultant Review Fees Maxner states that she invited John Dunn, Finance Director in to discuss the proper procedure for obtaining and paying an independent consultant for project reviews. Dunn states he received the handout from the MACC Newsletter that Maxner provided to everyone. He states the City agreed to pay a consultant for the Greenwood Avenue project for the Commission but there was no account to charge it too. Dunn refers to the handout on page two titled “Model Rules for Hiring Outside Consultants” under GL Ch. 44 Section 53G. He states the Commission would need a regulation and would need policy and procedures to implement this and states that it is a good idea to have something down on paper to clarify the procedure. Cademartori states the issue of having the Commission fund the review up front and being reimbursed later by the developer was not something the Commission was willing to do. Hayes states he read the documents carefully. He states the Commission needs to adopt these rules as part of the Commission’s wetlands Regulations and explains that the applicant can only appeal the Commission’s choice in consultant if there is a conflict of interest, or he/she is not qualified. He asks if there a list of approved consultants. Maxner states not yet but she can work on that if the Commission wishes. Maxner asks if there needs to be an RFP process in choosing a consultant. Dunn states engineering firms and consultants of this nature are exempt from the RFP process. Dunn offers his assistance in establishing the procedures and setting up the consultant fee account. Paluzzi states the Commission should possibly form a sub-committee and work out the procedures. Members suggest that Maxner first establish a draft set of rules to be Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 2 of 11 incorporated into the Regulations and then members can review and proceed from there. Maxner agrees to draft the document. The Commission thanks Dunn for his time and guidance. CERTIFICATE OF COMPLIANCE New: 204 Greenwood Avenue – DEP File #5-657 – North Shore Nursery School, Inc. Maxner states that in May of 1999 the Commission issued and Order of Conditions for the expansion and regrading and resurfacing a play ground area and the installation of a chain link fence around the play area within the 100-foot Buffer Zone to Bank of an Intermittent Stream. Maxner states she did a site visit and there are no outstanding issues and provides members with photos for review. Paluzzi asks why they are coming in now after all this time. Maxner replies they are considering paving their access drive and she suggested that they close out this existing Order before starting any new projects. Paluzzi asks if there are any further questions. There are none. Johnson moves to issue a Certificate of Compliance. Seconded by Hayes. All members are in favor. Motion carries 4-0. New: 107 Brimbal Avenue – DEP File #5-750 – Three C’s Realty Trust Maxner states that the Commission issued a Certificate of Compliance to 107 Brimbal Avenue/Cycles 128 to Olivier Humbert back in June. She explains that the applicant altered the Certificate and recorded the altered form at the Registry. She states that at the last meeting she advised the Commission to rescind that Certificate and order the applicant to reapply for a new Certificate indicating the person to whom it should be issued. Johnson moves to issue a new Certificate of Compliance. Seconded by Hayes. All members are in favor. Motion carries 4-0. REQUEST FOR DETERMINATION OF APPLICABILITY Cont: 8, 10, & 12 Yankee Way – David Gabriel Maxner states that the applicant has requested to continue to the October 25, 2005 meeting. 2 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 3 of 11 Hayes moves to continue until October 25, 2005. Seconded by Johnson. All members are in favor. Motion carries 4-0. New: 159 West Street – Laura Gibson for Helen Grela Maxner reads the legal notice. Laura Gibson represents the applicant and states the project is to construct two additions, a wooden deck, and blue stone terrace within the outer limits of the 100-Foot Buffer Zone of the Coastal Bank. Maxner states she visited the site and provides photographs for members to review. Paluzzi asks if all the work is out of the 25-Foot No-Disturbance Zone. Gibson replies yes it is. Paluzzi asks about the green shaded area on the plan. Gibson states it is the planting area. Paluzzi asks if there is going to be a foundation, and asks what will be done with the excavated soil. Gibson states it will be moved to another area and be used when re- seeding and planting. She states they will return with a Notice of Intent for more extensive work within the Buffer Zone to the Coastal Bank and Bordering Vegetated Wetland on the street side of the house. Squibb arrives. Hayes asks a clarifying question about impervious surfaces. Gibson replies there is a mortared concrete paver terrace that will be replaced by a deck to allow better infiltration, and explains that the new field stone terrace will be pervious with planted thyme and moss in between the seams. Paluzzi asks if there are any further questions. There are none. Johnson moves to issue a Negative # 3 Determination. Seconded by Hayes. Squibb abstains. Motion carries 4-0-1 (one abstension). RECESS FOR PUBLIC HEARING 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 – DEP #5-882 – Halifax Garden Co, LLC 3 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 4 of 11 Maxner states the applicant’s representative has requested a continuance to the next October 25, 2005 meeting. Johnson moves to continue the hearing to the October 25, 2005 meeting. Seconded by Hayes. All members are in favor. Motion carries 5-0. Cont: 68 Paine Avenue – Christopher Velonis Maxner states the applicant is proposing to reconsolidate the rip-rap stone in font of his concrete seawall within Coastal Beach and Land Subject to Coastal Storm Flowage. Paluzzi asks if there have been any changes since we last met at the site inspection. Velonis states no, he would just like to return it to the original condition back in 1991, and if he can find the stone available he would like to get started before winter. Maxner asks about the large piece of concrete. Velonis states we will either remove it or bury it. He states we will leave it if that’s what the Commission wants. Members indicate they would like for it to remain. Maxner states there was discussion regarding the right of way and it was observed during the site inspection. She states that the rock and concrete mortar should probably stay as removing it may cause unwanted erosion. Cademartori agrees and states he would not be favor of removing it. Paluzzi asks if there are any questions from the public. There are none. Johnson moves to close the hearing. Seconded by Hayes. All members are in favor. Motion carries 5-0. Cont: 93 West Street – James Nyce Thomas Keough from Hancock Associates representing the applicant states that they are proposing to install an in ground pool and utility shed within the Buffer Zone to Coastal Bank. He states that the 25’ No Disturb Zone will be respected and the pool will be going into an area where there is an existing lawn. Paluzzi asks if there are any changes since the site visit September 17, 2005. Keough states there are no changes. Paluzzi asks when the work will be starting. Keough answers next season, probably the spring or early summer. Johnson moves to close the hearing. Seconded by Hayes. All members are in favor. Motion carries 5-0. 4 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 5 of 11 Cont: 49 & 50 Sonning Road – DEP #5-885 –Tom Pyburn & Paul Lyons Bruce Poole from S.P. Engineering representing the applicant states they are proposing to construct a single-family house, driveway, associated appurtenances and grading. He states the majority of the work is out of the 100 foot Buffer Zone to Bank of an Intermittent Stream. He states the only portion that will be in the Commissions jurisdiction is the grading and portions of the driveway. Paluzzi asks if the Commission can get a letter stating that there will be only one house. Poole states that is the intention and he has no problem reflecting that on the plan. Maxner states the plan calls out a 75’ No Disturb Zone and explains the Commission regulates a 25’ NDZ. Poole sates to allow for screening vegetation up to the neighbor’s fence his client would have no problem making it a 50’ NDZ. Paluzzi asks them if they are willing to revise the plan showing 50’ NDZ. Poole states yes. Squibb asks if they have any intentions on cleaning up behind the hay bales. Poole states yes, I believe the applicant wants to clean the debris up. Squibb asks when work will begin. Poole states they will need to finalize the 21E issues with DEP before any work can begin and hopes for the fall to pour the foundation. Paluzzi asks if there are any questions from the public. Joan Murphy of 36 Longmeadow Road states on the plan it shows two lots, and thinks if it is only going to be one lot that should be clear on the plan. . Pyburn states that in 1976 the owner got approval for two lots, but never got the permits to build, and now the record shows it is only one lot. Paluzzi asks if they are going to remove the lot line on the plan. Poole states yes. Maxner states the Commission cannot stop the applicant from going for an additional lot is they so chose. 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 members are in favor. Motion carries 5-0. 5 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 6 of 11 Cont: 686 Hale Street – DEP #5-891 – Molly Ryan William Manuell from Wetlands & Land Management represents the applicant states that the proposed work is for a wetland resource area improvement, to remove accumulated organic debris and sediment from the existing landscape pond and to arrest the spread of purple loosestrife and board-leaf cattail plants that are becoming well established along the shore and shallows of the pond. He states the work will involve the entire pond bottom although the sediment removal will concentrate on creating a deep center portion of the pond to allow for over wintering survival of warm water fish species. He states the sides of the pond are steeply sloping, confining the resource areas to directly adjacent to the pond. He sates the outlet of the pond is controlled by a flashboard type concrete structure. Manuell states the outlet is designed to accommodate a flashboard to retain additional water, however presently, the flashboard portion of the outlet structure is missing. Hayes asks if there are any other changes from the last discussion at the site inspection. Manuell states no. Paluzzi asks about the machines and equipment that will be brought in and if the machine can reach the center of the pond. Manuell states the excavator will be brought in at the south east end of the pond they are going to be using a temporary bridge plank or construction mat to access the far edges and center of the pond. Maxner asks how long will the excavation take and what the targeted start date will be. Manuel states it will take 2 to 4 weeks and they are looking at the spring or summer next year. Maxner asks if Manuell had observed any vernal pool breeding activity in the pond. Manuel states he is sure there are frogs, if it is done in the non-mating season, the critters will move out of the pond very quickly, but he has not observed obligate vernal pool species. Squibb asks how much sediment will be removed and if any will be left on the bottom. Manuell states 6-8 feet in the middle depending on ledge, and 3 feet along the bank and they will provide a river stone bottom with some sediment for habitat purposes. Paluzzi asks what prevents the side form falling in. Manuell states the banks are solid as it was a man made pond. Maxner asks about the feasibility of removing any wildlife from the pond prior to excavation. Manuell states they could try to do their best. Renee Mary of 274 Hale Street states they could think about calling Mass. Audubon for help with the critters once they are rescued. 6 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 7 of 11 Paluzzi states it’s against the law to remove them from the site. Manuel states we can call Audubon. 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 members are in favor. Motion carries 5-0. Cont: 567 Hale St. – DEP #5-890 – Caleb Loring, Jr. William Manuell from Wetlands & Land Management represents the applicant and reviews the project and states there was a site inspection conducted with the entire Commission. He explains that the area will not be landscaped but left in its natural state with little lawn and only minimal maintenance. Maxner asks if maintenance of the 25-Foot No Disturb Zone can be discontinued. Manuell states that yes, the 25’ NDZ can be left in its natural state. Paluzzi asks if the Commission or the public have any further questions. Johnson moves to close the hearing. Seconded by Hayes. All members are in favor. Motion carries 5-0. New: off Folger Avenue – Bass River Beverly LLC Maxner reads the legal notice. Robert Reed from Marblehead Marine Contracting, 12 Foster Rd, Manchester by the Sea, MA represents the applicant and states the applicant would like to construct a 300’ wood pile supported pier, with a 40’ aluminum entrance ramp/bridge, a 24’ aluminum gangway with a 120’ main float system which will be parallel to the edge of the channel and six 16’ finger piers to hold 12 boats. Reed states the area is very shallow and it is a mud flat that runs the distance of the channel. He states the design starts at the mud flats. He states that the City of Beverly has some plans to put a walkway in along the open space parcel. Reed states that once the lots are sold, homeowners will be responsible for funding and building the pier, and all that he and the current owner are doing now is to get it permitted. Reed states that the main float is in 2 feet of water at low tide. He states the floats don’t come in contact with the bottom. Paluzzi asks if there are piles in the back of the main float. Reed states there are 4 piles in the back, which will be pressure treated. Paluzzi asks if the piles will be driven down from a barge. Reed states yes. 7 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 8 of 11 Hayes asks if the homeowners association will do the project. Reed states yes, the Order provides a 3-year window to build in but there is no guarantee that it will actually get built. Squibb asks what type of boats will be at this marina and if any of them will be sitting on the bottom. Reed states 25 foot, probably what will be approved by DEP and they will not be bottoming out. Paluzzi asks where is the access for pier, along the walkway. Reed states the area where a future walkway is sited which belongs to the City of Beverly. Maxner reads a letter from Donald Morse dated October 2, 2005 into the record. Reed states that the pier will be private, and that the rental of slips would be private and up to the land owners within the subdivision. Joan Murphy, 36 Longmeadow Road, asks if this is normal, the way they are doing this before going to DEP or the Army Corp of Engineers. Reed states they need to secure the local Order of Conditions prior to DEP or Army Corp issuing any permits. Paluzzi asks if there are any further questions from the Commission or the public. There are none. Paluzzi states the Commission should schedule a site inspection and save further discussion for the next meeting. Members agree. Cademartori moves to continue the hearing to the October 25, 2005 meeting pending a site visit scheduled for Saturday, October 8, 2005 at 9:00 a.m. Seconded by Hayes. All members are in favor. Motion carries 5-0. OLD/NEW BUSINESS Cont: 7 Deerhaven Road – Cloutman Maxner states that Kandis and Chris Cloutman submitted a request to fill and grade a low-lying area located on their property. Maxner states the area in question was delineated as an Isolated Vegetated Wetland in the early to mid 1990’s when the subdivision was built. She states that she found the old subdivision plans for this development and this wetland was partially filled for construction of the roadway and replication was proposed, and the project did receive a Certificate of Compliance. Mrs. Cloutman states that their little boy fell down the slope just the other day. 8 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 9 of 11 Hayes suggests that they install a fence. Mr. Cloutman states that he thinks that there is too much of a slope to install a fence. Hayes states that he does not see how the Commission could allow this area to be filled as it would constitute a wetland loss and is doubtful they would be able to meet the waiver criteria for the local 25-Foot No Disturbance Zone. Cademartori agrees and states that he would have no problem with installing a fence along the edge. He states that the drainage pipe may be clogged and that may be why the area has remained dry; he suggests that they contact DPW to have the pipe cleaned. Mr. Cloutman states that Mike Collins did look at this area but said that the pipe is obsolete. Maxner states there does not seem to be any way the Commission can approve filling this area as it is a resource area and is protected under the Ordinance. She suggests that they secure the services of a wetland scientist if they wish to pursue this matter further. Cont: Standley Street Compost Site. Maxner states that the members tabled the discussion at the last meeting and that a site visit needs to be scheduled. Members agree to schedule a site visit Saturday, October 8, 2005 at 8:15 a.m. ORDER OF CONDITIONS 68 Paine Avenue – Christopher Velonis Johnson moves to issue Standard Conditions with the following Special Conditions: 1. Large concrete block shall remain in place and not be removed. 2. Stone rip-rap within the right of way located along the westerly property boundary shall not be removed. 3. No heavy equipment shall be stored or operated on the coastal beach. Seconded by Hayes. All members are in favor. Motion carries 5-0. 93 West Street– James Nyce Johnson moves to issue Standard Conditions with the following Special Conditions: 1. Area of stockpiled/dumped compost and yard waste located between the seawall and retaining wall along the western property boundary shall be removed and dumping in this area shall be discontinued. 9 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 10 of 11 Seconded by Hayes. All members are in favor. Motion carries 5-0. 49 & 50 Sonning Road – DEP #5-885 – Tom Pyburn and Paul Lyons Johnson moves to issue Standard Conditions with the following Special Conditions: 1. Prior to construction, the applicant shall submit a revised plan that depicts a 50- Foot No Disturbance Zone from the edge of the stream bank, and that eliminates the middle lot line and assigns one number to the parcel. 2. The area between the stream bank and the limit of the 50-Foot No Disturbance Zone shall be cleaned of debris and other foreign material by hand. 3. The limit of the 50-Foot No Disturbance Zone shall be maintained and demarcated with permanent markers that bear language indicating no disturbance beyond that point in perpetuity per order of the Beverly Conservation Commission. Seconded by Hayes. All members are in favor. Motion carries 5-0. 686 Hale Street - Molly Ryan Johnson moves to issue Standard Conditions with the following Special Conditions: 1. To the greatest extent possible, any wildlife within the pond shall be saved from being destroyed by construction activities. Seconded by Hayes. All members are in favor. Motion carries 5-0. 567 Hale Street – Caleb Loring, Jr. Johnson moves to issue Standard Conditions with the following Special Conditions: 1. The 25-Foot No-Disturbance Zone shall be left in its natural state, and maintenance of the under story in this zone shall be discontinued and the limit of this zone shall be demarcated with permanent granite or stone markers/bounds indicating there shall be no disturbance past these bounds. Seconded by Hayes. All members are in favor. Motion carries 5-0. OLD/NEW BUSINESS 280 Hale Street 10 Beverly Conservation Commission October 4, 2005 Meeting Minutes Page 11 of 11 Maxner states that the owner of 280 Hale Street is planning to upgrade the septic system. She shows a proposed plan to members and asks them whether the owner should file a Request for Determination or a full Notice of Intent. Paluzzi states they need to file a full Notice of Intent. Members agree and suggest that Maxner inform the owner that a Notice will be required. Request for Mileage Reimbursement – Maxner Maxner requests reimbursement for mileage for the following months: May, June, July, August and September for a total of 510 miles at $.20 per mile which equals $102.00. Johnson moves to approve the expenditure and reimburse Maxner $102.00 for mileage. Seconded by Hayes. All members are in favor. Motion carries 5-0. Approval of Minutes Johnson moves to approve the May 3, 2005 minutes. Seconded by Hayes. All members are in favor. Motion carries 5-0. Johnson moves to approve the May 24, 2005 minutes. Seconded by Hayes. All members are in favor. Motion carries 5-0. Johnson moves to approve June 2, 2005 minutes with amendments. Seconded by Squibb. Hayes 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 is adjourned at 9:45 p.m. 11