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2005-11-22 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: November 22, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chairman), Tony Paluzzi (Vice-Chair), Ian Hayes, Gregg Cademartori, Mayo Johnson, Bill Squibb (arrives 7:10 p.m.) Members Absent: Others Present: Amy Maxner – Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:00 p.m. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries 5-0. NOTICES OF INTENT Cont: 62 South Terrace, DEP File # 5-894 – Michael Burta Peter Fuerbach, attorney for the applicant, briefly reviews the latest changes to the plan and explains the purpose of the project is to replace the rotting foundation. He states the th Commission conducted a site inspection on Saturday, November 12 at 9:00 a.m. Squibb arrives. Joseph Orzel, Gulf of Maine Research, explains the project changes and proposed mitigation. He reviews the resource areas found on site and activities proposed within those areas. He explains the overall alteration of the Riverfront Area as well as how drainage and recharge will be handled on site. Paluzzi asks what storm event the drywell is designed for. Orzel states that he is unsure, but assumes that it is designed for more frequent storm events. Cademartori asks a clarifying question about the South Essex Sewer Easement and if the applicant considered placing the drywell directly in front of the house. Orzel states he is unsure of the exact language of the easement and explains that the drywell is placed in order to protect the foundation from any additional groundwater flow. Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 2 of 7 Paluzzi asks a clarifying question about the overflow from the drywell. Orzel states the overflow will exit the outlet and flow within the crushed stone swale and then over the seawall. Johnson expresses concern over the extension of the deck onto the coastal bank and to the edge of the seawall and mean high water line, and does not think it complies with the intention of the Act or the Ordinance. He explains he thinks alternatives for access and egress should be explored toward the front of the house. Orzel responds by briefly explaining zoning requirements for two family houses and states the other alternatives were not workable under zoning. Squibb asks if overland flow was figured into the drywell capacity. Orzel states that he is not sure. Lang opens the discussion to the public. Sally Arsenault, 53 and 60 South Terrace, asks if the addition of crushed stone undermine the existing pavement and how will the 30-inch sewer line be protected. Orzel states the crushed stone should not change how water flows from existing conditions and the pavement will not be impacted, he goes on to explain that the applicant is aware of the sewer line and easement requirements. Joan Gallagher, 10 Margaret Avenue, states she has not had the opportunity to review the new plan and she has concerns regarding snow removal and drainage onto her property. Paluzzi states the hearing should be continued pending the submission of additional information regarding the cross section of the stone swale and the runoff calculations for the drywell capacity. Members agree. Johnson moves to continue the hearing to the December 13, 2005 meeting. Seconded by Paluzzi. All members are in favor. Motion carries 6-0. Cont: Greenwood Avenue, DEP File #5-882 – Halifax Garden Co. Thad Berry, engineer for the applicant, states he has worked with Ginny Roach from CDM in her review of the project and has addressed her concerns, he believes, satisfactorily. Maxner states she received a faxed letter from Ginny Roach summarizing her review of the latest plan changes. She reads the letter into the record. Lang asks if Berry would have a problem adding an additional baffle or sediment trap at the outlet as suggested by Roach. Berry states he would have no issues with that at all. A brief discussion ensues regarding the remaining comments by Roach and Berry responds to Commission questions and comments. Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 3 of 7 Berry states that he will submit the Operation and Maintenance plan and inspection form to the Commission as soon as possible as he believes maintenance will be the most important element to the proper functioning of this drainage system. He also states he would be willing to place language in the deeds to ensure the homeowners will assume this responsibility. Lang asks if there are any further questions from the Commission or the public. There are none. Paluzzi moves to close the hearing. Seconded by Cademartori. All members are in favor. Motion carries 6-0. New: 425 Hale Street – Richard Olney Maxner reads the legal notice. Elizabeth Wallis, Hayes Engineering consultant for the applicant, states the purpose of this project is to remove an obsolete and abandoned cast iron drainage pipe from the coastal beach. She explains that the neighbor located to the right now has a pipe that allows for salt-water intake for an in-ground pool, and this pipe will be avoided during the project. Hayes asks what the pipes were used for and how they will be taken out. Wallis states they suspect it was used as a storm drain for Hale Street. She explains equipment will be brought in by barge and a backhoe will be used and the pipe will be cut in place and removed. Paluzzi asks if there will be any pipe located beyond extreme low tide within land under the ocean. Wallis states yes, they believe there is about 20 feet of pipe under water at low tide and they do intend to remove that as well. Squibb states he would like to have the support ties pulled all the way out, but if that is not possible he would suggest that they be cut at least 12 inches below grade. Lang asks if there are any questions from the public. There are none. Lang asks if there are any further questions from members. There are none. Johnson moves to close the hearing. Seconded by Cademartori. All members are in favor. Motion carries 6-0. New: 0 Hickory Lane – Cecil Blair Maxner reads the legal notice. John Dick of Hancock Associates, representing the applicant, states the project involves construction of a new single-family house, deck and driveway within the 100-Foot Buffer Zone Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 4 of 7 to Bordering Vegetated Wetland. He states the local 25-Foot No Disturbance Zone is being respected with the corner of the house 27 feet from the edge of wetland at its closest point. He goes on to explain general site conditions and states that the majority of the lot has been maintained by mowing and invasive species have moved in including Japanese Knotweed and Buckthorn. Lang asks if the existing grades will change post construction. Dick states no changes in grade are proposed and the house will be slab on grade, no basement is proposed due to high ground water. Paluzzi asks if the house could be shifted farther away from the wetland. Dick states no, there is a building envelope per zoning regulations that has dictated where the house can go. Johnson states he would like to visit the site before making any decisions. Members agree. Lang opens the discussion to the public. Resident of 6 Hickory Lane expresses concern about the set backs from the wetland. Dick explains the 25-Foot No Disturbance Zone requirements. Resident of 39 Millbrook Road expresses concern over the new impervious surface that will be introduced to this area with this project. Mary Cummings, 49 Millbrook Road, states that water backs up into her yard now when it rains and she is concerned about increased flooding. Lang states these issues can be further discussed at the site inspection and subsequent hearing. There being no further questions or comments from the Commission or the public, Paluzzi moves to continue the hearing to the December 13, 2005 meeting, pending a site inspection scheduled for Saturday, December 3, 2005 at 9:00 a.m. Seconded by Hayes. All members are in favor. Motion carries 6-0. OLD/NEW BUSINESS New: 865 Hale Street, DEP File #5-788 – Kevin Berry Request for Extension Kevin Berry states he is seeking a one year extension to his existing Order of Conditions and explains that his work schedule has been hindered with all the work the City has been doing on the Chubb Brook drainage and sewer project. He briefly explains the project to refresh the Commission’s memory on details of his proposal. Johnson moves to issue a one-year extension to the Order. Seconded by Paluzzi. All in favor. Motion carries 6-0. Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 5 of 7 Cont: 527 Essex Street – Enforcement Order Action Update – Peter Scouras Bill Manuell, of Wetlands & Land Management representing Peter Scouras, states that in response to the Enforcement Order issued by the Commission, he has prepared a wetland restoration plan which calls for eliminating invasive species in the wetland and Buffer Zone and replanting the area with native wetland species. He explains that the Scouras’s yard is very limited and the 25-Foot No Disturbance Zone encumbers most of the back yard and would essentially render it useless if it were to be replanted as the Commission requested. He asks if the restoration plan is something the Commission would consider as an alternative approach. Discussion ensues regarding the general site conditions and members agree that a site inspection would be helpful in determining whether or not to approve Manuell’s proposal. A site inspection is scheduled for Saturday, December 3, 2005 at 9:30 a.m. and discussion on this item is continued to the December 13, 2005 meeting. Public Hearing for Amendment to Beverly Wetlands Protection Regulations Maxner reads the legal notice. Maxner explains she has drafted an amendment to the Beverly Wetlands Protection Regulations in order to provide a clear guidance for securing services of independent consultants for project review. Members take time to review the language, and discussion ensues regarding whether the Commission should table the NOI discussion until the applicant provides the fee or if the Commission should deny the application if the applicant fails to pay the fee within 10 days of notice. Hayes states that the process should be very clear and uncomplicated and is in favor of giving the Commission the authority to deny the NOI if no payment is received within 10 days. Squibb agrees and states the process may be unnecessarily prolonged if the Commission waits for payment. Members agree to apply the language that provides the Commission authority to deny the NOI application if payment of consultant fees are not received within 10 days of notice. Lang asks if any members of the public have any questions or comments. There are none. Lang asks if the Commission has any other comments or discussion points. There are none. Paluzzi motions to adopt the draft language with amendments as discussed. Seconded by Cademartori. All members are in favor. Motion carries 6-0. Cont: 24 Meadow Road – Enforcement Order Action Update – James Pica Maxner states she included an update from Marc Jacobs in members packets regarding the removal of compost and yard waste as required by the Enforcement Order issued by the Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 6 of 7 Commission a few months ago. She states that she was unable to conduct a site inspection before the meeting but will make sure to get there before the next meeting to report her findings. Members agree to continue this item to the December 13, 2005 meeting. ORDERS OF CONDITIONS Greenwood Avenue, DEP File #5-882 – Halifax Garden Co. Discussion ensues regarding potential conditions to apply to the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. A particle separator/sediment baffle device shall be incorporated into the forebay outlet design. 2. The services of an independent erosion control monitor shall be secured and he/she shall provide monthly monitoring reports to the Commission during construction up to and including the paving of the driveways. 3. A copy of the inspection form template shall be submitted to the Commission prior to construction. 4. Prior to construction, the limit of the 100-Foot Buffer Zone and the 25-Foot No Disturbance Zone shall be staked in the field and maintained throughout active construction. 5. Prior to the issuance of a Certificate of Compliance, a copy of the Homeowners Association stormwater structure/drainage structure Operation and Maintenance Plan shall be submitted to the Commission. 6. The Commission shall receive a copy of the yearly inspection report after construction is complete and yearly drainage structure inspections commence. Seconded by Paluzzi. All in favor. Motion carries 6-0. 425 Hale Street – Richard Olney Discussion ensues regarding potential Special Conditions to apply to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. The limit of work shall be restricted to within 50 feet on each side of the pipe. 2. If wooden support stakes cannot be completely removed/pulled from the beach, they shall be cut off/trimmed 12 inches below grade. 3. Re-fueling of any equipment or machinery shall be done in a manner to prevent any spillage or leakage of fuel or any related material. Beverly Conservation Commission November 22, 2005 Meeting Minutes Page 7 of 7 4. Storage of debris shall be protected from tidal action. Seconded by Johnson. All in favor. Motion carries 6-0. OLD/NEW BUSINESS CONTINUED Election of Officers Discussion ensues regarding the election of officers. Members agree to wait until after January 2006 to reconsider elections. Approval of Minutes Paluzzi moves to approve the October 25, 2005 meeting minutes with amendments. Seconded by Hayes. Lang abstains. Motion carries 5-0-1 (one abstention). Holiday Party Plans Lang states that he and his wife Eileen are happy to host the annual holiday party at their house ththth and offers December 10 or 16 as possible dates. Members agree to December 16 at 7:00 p.m. Lang states he will email members to plan the menu and make suggestions for items people can bring. Other Business Maxner provides informational material regarding beaver related issues for Commissioners’ regulatory handbooks. Adjournment Paluzzi moves to adjourn. Seconded by Johnson. All in favor. Motion carries 6-0. Meeting adjourns at 10:30 p.m.