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2005-09-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: September 13, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chair) Tony Paluzzi (Vice-Chair), Ian Hayes, Greg Cademartori, Mayo Johnson Bill Squibb (arrives 6:45 p.m.) Members Absent: Others Present: Amy Maxner – Environmental Planner Recorder: Robin Levesque Lang calls the meeting to order at 6:30 p.m. New England Power – Vitale Site Restoration Project Update Mike Lotti, representative of New England Power, states the work is between 65-70% complete. Lotti states there will be an open house site tour, Saturday, September 17, 2005 at 10:00 am. He explains the procedure of installing the temporary access road and explains that in April there was land clearing, June they cleared near the Cailin lot and he explains the capping progress. He states that in July one quarter of the site was capped, and that the restoration was started in the wetlands, in August they excavated all ash west of 97, and restoration progressed over on the Wenham side across Route 97 has begun. Wetland Scientist Ann McMenemy explains that unexpected field conditions required that they make adjustments as work progressed. She states they encountered bedrock at shallower depths than anticipated at the plunge pool area and therefore the channel was extended 17 feet to the east to accommodate the depth needed for the plunge pool. She explains that in an area along the northerly property boundary they encountered additional fly ash where it was not expected. This area was part of an Isolated Wetland and through discussions with Amy Maxner and the Commission, the area was excavated and returned to original grades so as not to disturb this isolated wetland. She states the plantings on Lot 3 are starting to establish, but there were concerns about the phragmite colony, which was over excavated in order to capture the root system to retard its growth. She hands out a sample of the phragmite roots found in the area in question. She explains that the perimeter growth of phragmite has been weed whacked to cut down on the seed release. She states that there has been a return of the wildlife, bird activity, dragonflies, and turkeys. Squibb arrives. General discussion ensues regarding the timetable for the remaining portions of the project and what is left to complete. Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 2 of 18 Lang states this is a worthwhile project, and thanks Lotti, McMenemy and NEPCO for doing such a great job and conducting the project in such a professional manner. Maxner states that everyone on the project has been very cooperative and has done a great job keeping her informed of the progress and any problems encountered. Members thank Lotti and McMenemy for the update. CERTIFICATE OF COMPLIANCE New: 77 Conant Street - #5-858 – Teresa Trimble Maxner states that the Commission issued an Order of Conditions for the construction of a 24’ x 24’ garage and extension of the existing driveway to meet the new garage, within 100 foot buffer zone to Bordering Vegetated Wetland and the outer 100 foot Riverfront Area. Maxner states the applicant is requesting a waiver from the Standard Condition #35 parts 2 & 3, which require submission of an as-built plan and certification by a PE or PLS certifying compliance. Maxner states she visited the site and found the garage and driveway to be in compliance. She states the hay bales were spread in the No Disturb Zone and a small corner of the wetland, but there are no other outstanding issues. Paluzzi moves to issue the Certificate of Compliance and grant a waiver to Standard Condition # 35, attach Standard Conditions # 39 through 42 as ongoing conditions and require the applicant to remove the hay bales from the No Disturb Zone and wetland. Seconded by Hayes. All in favor. Motion carries 6-0. New: 21 New Balch St. - #5-831 – Tower Homes, Inc. Maxner states that the Commission issued an Order of Conditions for the construction of a single-family house and associated appurtenances within the 100-foot Buffer Zone to the Bordering Vegetated Wetland. She states no work was proposed within the 25-Foot No Disturbance Zone, but the Commission attached a Special Condition requiring that it be called out in the deed, which it has and was attached to the Certificate request. She states the hay bale line served as the limit of work for the project and it was discussed during the hearings that limiting the clearing to this point would actually preserve more natural vegetation than clearing to the limit of the 25 foot No Disturb Zone. Maxner states she visited the site and found it to be stable and in compliance. Paluzzi moves to issue the Certificate of Compliance and to attach the Standard Conditions # 45, 46, 47 and 49. Seconded by Johnson. All in favor. Motion carries 6-0. New: 4 Farms Lane- #5-770 –Brian Boches Maxner states that the Commission issued an Order of Conditions for the installation of approximately 445 foot 8” sewer pipe within an existing roadway adjacent to a perennial stream. 2 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 3 of 18 She states the Commission accepted a sketch plan by the applicant with the Notice of Intent, and that the applicant has submitted an as-built plan stamped by Griffin Engineering. Maxner states the work was completed a couple of years ago. Maxner stated she did a site visit and that the project was in compliance, she states there where no special conditions. Johnson moves to issue the Certificate of Compliance. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 5 Elm Top Lane - #5-791 – Elm Top Realty Trust Maxner states that the Commission issued an Order of Conditions for the construction of a single-family house within the 100 Foot Buffer Zone to Coastal Bank. She states that the completion of the Coastal Bank restoration was a Special Condition for the second house to be built, but the Commission has approved the restoration of the bank plantings and the second house is under way. Bob Griffin from Griffin Engineering representing the applicant states that 5 Elm Top Lane was one lot, which was split into two. He states the house is set back a little more away from the Coastal Bank than what was proposed and the terrace is a little bigger laterally than proposed but the site is stable and in his opinion in substantial compliance with the Order. Maxner states she visited the site with Griffin and observed no outstanding issues. Lang asks if Commissioners have any questions. Squibb asks if the plants that were broken were replaced on the Coastal Bank restoration plantings. Griffin states that they will be replaced but that the restoration was a condition of the second house and it would be sure to get addressed through that Order. Paluzzi moves to approve the Certificate of Compliance with attached Perpetual Conditions #’s 46-49. Seconded by Johnson. All in favor. Motion carries 6-0. New: 44 River St. - #5-843 – Massachusetts Electric Company Maxner states that the Commission issued an Order of Conditions for the removal of approximately 1,000 cubic yards of sediment containing coal tar from the Bass River to comply with the Massachusetts Contingency Plan Class C Response Action Outcome. Maxner states she visited the site while work was on going, and work was being conducted in compliance with the approved plan and order. Elizabeth Greene, Massachusetts Electric Environmental Engineer, states that the river portion of the remediation is complete as part of the Class C RAO, and the upland portion will be the next phase of work and that will come under a separate application with the Commission. 3 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 4 of 18 Lang asks if there will be any additional monitoring. Greene states monitoring will be conducted on an annual basis to ensure the cap material is not being eroded and remains in good condition and bathymetric testing will also be conducted. Lang asks if Commission members have any further questions. There are none. Johnson moves to issue the Certificate of Compliance. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 722 Cabot Street - #5-856 – Kenneth Cotreau Maxner states the Commission issued an Order of Conditions for the installation of an in ground pool, patio and pool shed within the 100 Foot Buffer Zone to BVW and bank of an intermittent stream. She states the applicant is asking for a waiver from the Standard Condition # 34 parts 2 & 3 requiring an as built plan and stamped letter from a PE or PLS certifying compliance with the Order, as the Commission accepted a sketch plan by the applicant. Maxner states she visited the site and the yard waste has been removed from the wetland area as required by the Special Condition, and she found no outstanding issues. She states that the pool is built to measurements on the approved plan and the site is stable. Maxner asks the Commission if it would like to attach any on-going conditions with the Certificate. Paluzzi states there are perpetual conditions as part of the Order and he thinks it would be a good idea to keep them attached. Members agree. Paluzzi moves to issue the Certificate of Compliance with attached perpetual Conditions #’s 38- 41 and waive the requirement of an as-built and P.E. certification. Seconded by Johnson. All in favor. Motion carries 6-0. REQUEST OF DETERMINATION OF APPLICABILITY New: 8, 10, & 12 Yankee Way – David Gabriel Maxner reads the legal notice. David Gabriel, applicant, states he is proposing to add landscape improvements and rip rap wall stabilization within the Buffer Zone to Bordering Vegetated Wetland and adjacent to the detention basin in the back of his yard. He describes the landscaping to the Commission members; he states the planting will be in the rear of the property and the rip rap wall will be loamed and seeded. He states that there is a drop into the basin and it causes a hazardous condition to the children in the area. He states there will be planting along the berms of the detention area, and he will also install a fence along the edge of the top of the slope in his back yard. 4 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 5 of 18 Lang states the Commission may want to take a look at this. Members agree. Paluzzi moves and to continue the discussion to the October 4, 2005 meeting, pending a site inspection scheduled for Saturday, September 17, 2005 at 8:00 a.m. Seconded by Johnson. All in favor. Motion carries 6-0. New: 38 South Terrace – Timothy Lundergan Maxner reads the legal notice. Timothy Lundergan the applicant states he is proposing to renovate an existing single-family house within the Riverfront Area to the Danvers River. He states there will be no changes to the footprint of the house and he proposes two new posts to support an existing porch. Discussion ensues regarding general site conditions. Hayes explains that any further work on vegetation within the Buffer Zone and particularly within the 25-Foot No Disturb Zone will need to be reviewed by the Commission. Lundergan states he has no formal landscaping plan yet but will present to Commission if and when he does. Lang asks if the Commission has any further questions. There are none. Paluzzi moves to a Negative # 3 Determination with the following Special Conditions: 1. A dumpster shall be on site at all times during construction and shall be located on the street side of the house. 2. All wood and/or construction material shall be stored on street side of house. 3. All lose construction debris/litter/trash shall be picked up daily and placed in dumpster or taken off site. 4. The two new postholes shall be dug by hand or hand augured. 5. The limit of work shall be at the top of the bank. 6. The dumped tires and other debris shall be removed from the bottom of bank and within the mud flats and taken off site to an appropriate facility. Seconded by Johnson. All members are in favor. Motion carries 6-0. New: 15 Cherry Road – Paul McCarthy Maxner reads the legal notice. Paul McCarthy, applicant, states he is proposing to install a 24 foot round above ground pool with the Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. He states the pool will be placed within the existing lawn area and will not involve the removal of any vegetation other than sod. 5 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 6 of 18 Lang asks about the distances to the wetland. Maxner states the proposed pool is 51 feet from the wetland as she measured it in the field from the stakes placed by Mr. McCarthy. Lang asks what will be done with the excavated sod. McCarthy states he may use what he can for his flower beds, but will dispose the rest off site if there are leftovers. Lang asks if members have any further questions. There are none. Johnson moves to issue a Negative # 3 Determination. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 77 Grover Street – David & Laurie Ellen Gwynne Maxner reads the legal notice. David Gwynne, applicant, states he is proposing to construct a 14’ x 16’ kitchen addition within the Buffer Zone to Bordering Vegetated Wetland. He states the proposed kitchen addition will come no closer than the existing deck that is located off the rear of the house. He explains that it will be a pre-manufactured unit that will be lowered in place after the foundation is poured. Lang asks if it will be at the same grade as the house. Gwynne states yes, it will be. Maxner states it is about 80 feet from the wetland as she measured it out in the field. Paluzzi asks about the excavation of the soil, where will it go. Gwynne states the soil will be taken away as they have no use for it. Paluzzi asks if it will have a full foundation. Gwynne states yes. Lang asks if there are any further questions from the Commission. There are none. Johnson moves to issue a Negative # 3 Determination with the following Special Condition: 1. Silt fence shall be installed between the work and the resource area prior to any activity. Seconded by Paluzzi. All in favor. Motion carries 6-0. RECESS FOR PUBLIC HEARINGS Paluzzi moves to recess for public hearings. Seconded by Johnson. All members in favor. Motion carries 6-0. AMENDMENT TO ORDER OF CONDITIONS 6 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 7 of 18 New: 6 Fosters Point - #5-868 – Robert & Janet Gallagher Lang recuses himself from the meeting and leaves the room. Maxner reads the legal notice. Robert Gallagher, applicant, states he is requesting an amendment to the Order of Conditions for the construction of a 12 foot by 16 foot pile supported pier with a 6 foot by 24 foot pile supported floating docks and one 16 foot by 24 foot floating dock within Riverfront Area, a Salt Marsh and tidal flats of the Danvers River. He states that the Army Corps of Engineers has directed him to change this system to one that is entirely supported by pilings so that no portion of the system is resting in the mud flats. He states the terminal floats will be attached to a gangway and will be floating in at least 2 feet of water at all times. Maxner asks what the height of the pier will be over the mud flats. Gallagher states it will be as high as 12 feet and as low as 4 feet closest to the house. General discussion ensues regarding the length of the pier and floats. Gallagher states there will be 26 piles at 12 inches diameter and will be installed from a barge. He will be contracting with North Shore Marine to do the work. Paluzzi asks if there are any questions from the public. There are none. Johnson moves to close the hearing. Seconded by Hayes. Cademartori abstains. Motion carries 4-0-1 (one abstension). Lang returns to the meeting. New: 261 Hart Street – Hilary Gabrieli Maxner reads the legal notice. Tom Keough from Hancock Associates represents the applicant and states the original Order of Conditions was issued for landscaping enhancement, and replanting of the 25-Foot No Disturb Zone adjacent to an Isolated Vegetated Wetland. He states the amendment is proposing the installation of a catch basin and an eight-inch pipe approximately 270 feet in length to drain an area of occasional ponding located at the intersection of the abutting property lines. He states the ponding is due to prior development of a swimming pool and shed. He states the portion of the work within the Commission’s jurisdiction is approximately 80 feet of the proposed pipe. He states a 2-foot trench will be excavated and the pipe installed, the trench will be backfilled using the excavated materials. He states the disturbed area will be seeded with grass seed and no additional work is proposed. Maxner states the area flooding is fairly level as she observed it during a recent site inspection. 7 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 8 of 18 General discussion ensues regarding the anticipated volume of water for specific storm events. Keough states that drainage calculations were performed to allay the fears of the property owner that no additional flooding would occur, and offers the Commission a copy of the calculations if they wish. Cademartori asks if infiltrating along the length of the pipe was considered. Keough states it is such a shallow area and the pipe seemed to make most sense to alleviate the flooding up gradient. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing. Seconded by Hayes. All in favor. Motion carries 6-0. NOTICE OF INTENT Cont: Off Boulder Lane - #5-816 – Miles Group Inc. Maxner states the project involves the construction of an age restricted multi-unit housing development and associated roadways, utilities, drainage structures and landscaping. She states at the last meeting the members voted to continue the hearing to this meeting and requested that the applicant appear before the Commission to show cause for delay in proceedings under the Act and the Ordinance and to provide proof of due diligence in pursuing other required permits. She states she spoke with the applicant’s engineer yesterday who indicated that the applicant’s attorney would be appearing at the meeting tonight. She states that there is no one present to represent the applicant at the meeting. Lang states he sees no reason to continue the hearing as the Commission’s request for additional information seems to have been ignored. Squibb agrees, and states that the applicant was provided with enough time to prepare something to respond to the Commission’s request but now he does not see any just cause for continuing. Johnson moves to close the hearing. Seconded by Hayes. All in favor. Motion carries 6-0. 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; she states that CDM has been waiting for a signed work order from the City to complete their review. Maxner states she spoke to Finance Director John Dunn regarding using the funds from NOI account to pay CDM and then being reimbursed by the applicant. Members discuss using funds from the NOI account and agree they are not in favor of doing this. Johnson moves to continue the hearing until October 4, 2005. Seconded by Paluzzi. All in favor. Motion carries 6-0. 8 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 9 of 18 New: 228 Common Lane – Stephen Crane Maxner reads legal notice. Bob Griffin from Griffin Engineering, representing the applicant states the project involves the construction of an addition and gravel driveway at an existing single-family residence. He states the proposed work is within the Buffer Zone to a Bordering Vegetated Wetland, no work is proposed within the BVW or any other resource area and no impact to the wetlands is expected. He states that the addition will be approximately 1,050 square feet and 990 square foot gravel driveway to an existing single family home located on the west side of the building. Griffin states the existing 4’ PVC sewer service will be re-touted through the proposed addition. He states the proposed work is setback approximately 26 feet from the BVW and respects the 25- Foot No Disturb Zone. He states the proposed work will impact existing lawn within the Buffer Zone and no vegetated will be removed. Griffin states that all disturbed areas will be re-seeded, re-vegetated, or restored. Lang asks if there will be any blasting. Griffin states that there is no ledge at the site that he is aware of and it is not anticipated. Paluzzi asks if they anticipate water in the foundation. Griffin states may get a little water when they excavate. Paluzzi asks if there will be dewatering. Griffin states that there may be a need to dewater the excavated area, but there are specifications called out in the NOI. Paluzzi asks about the line on the plan, if it was the edge of the work area. Griffin replies that it was the hay bales, which does run along the edge of the new driveway. Lang asks if the members have any more questions. There are none. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing. Seconded by Johnson. All in favor. Motion carries 6-0. New: 675R Hale Street – Robert Seamans, Jr. Maxner reads the legal notice. Bob Griffin from Griffin Engineering representing applicant, states the work involves the repair of a 24 inch HDPE pipe that was previously slip lined through an older 30 inch cast iron pipe. He states the HDPE pipe has been uplifted above the existing grade due to beach erosion and approximately 40 linear feet or pipe is exposed on the beach. He states the repair involves excavation along the pipe at low tide and lowering it back into its original location. He states wooden piles and brackets are proposed along the pipe about every 6 feet or so to limit future movement. 9 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 10 of 18 Lang asks how deep the supporting piles will go. Griffin sates about 10’. Maxner asks Griffin to review the resource areas. Griffin states there exists Land Under the Ocean, the mean low water line is approximately 85 feet from the rip-rap embankment. He states the proposed work is approximately 6 feet from near shore area of land under the ocean. Griffin states the work proposed within the beach is temporary and will have no long-term adverse impacts to the wetland resource area and to the interest of storm damage prevention and flood control or wildlife habitat. He states the Coastal Bank that lies at the landward edge of the coastal beach is a rip-rap embankment. Griffin states the height of the bank is approximately 9 feet. He states the proposed work will extend to the base of the coastal bank and no direct impact or adverse effect on the bank is anticipated. General discussion ensues regarding the drainage of the freshwater wetland located to the north and equipment to be used during the project. Lang opens the discussion to the public. Richard Davis of 30 Preston Place states this is a worthwhile project and present conditions are not attractive and are a nuisance. Maxner asks when the rubber pipe was placed. Seamans replies in the 90’s. Christopher Velonis of 68 Paine Avenue reads a letter he wrote in support of the project. Lang asks the members or the public have any further questions. There are none. Paluzzi moves to close hearing. Seconded by Johnson. All in favor. Motion carries 6-0. New: 68 Paine Avenue – Christopher Velonis Maxner reads the legal notice. Christopher Velonis, applicant, states he proposes to reconsolidate the rip-rap stone in front of his concrete seawall within Coastal Beach and Land Subject to Coastal Storm Flowage. He states the equipment will have access through his driveway. He states he has a valid Chapter 91 license for this rip-rap. Lang asks a clarifying question about the rip-rap on the Chapter 91 license. Velonis states it will conform to what is depicted in the plan, and explains he will bury the large cement piece or remove it, whatever the Commission requests. Resident of 48 Paine Avenue asks about the right of way. Lang states that can be looked at as the Commission will no doubt schedule a site inspection, but this issue may not be under the Commission’s jurisdiction. 10 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 11 of 18 Richard Davis of 30 Preston Place, states he thinks the seawall should be removed and rebuilt to be in line with the other walls adjacent to it. Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection scheduled for Saturday, September 17, 2005 at 8:30 a.m. Seconded by Johnson. All in favor. Motion carries 6-0. New: 93 West Street – James Nyce Maxner reads the legal notice. Thomas Keough from Hancock Associates representing the applicant states the applicant is proposing to construct an in-ground pool, stone terrace patio, and associated utility shed. He states the in-ground pool and the shed are proposed in an area currently maintained as lawn. He states upon completion of the project all disturbed areas will be loamed and seeded and there are no changes in grade and the project respects the 25-Foot No Disturbance Zone. General discussion ensues regarding the project and its location relative to the resource areas and seawalls present on the property. Lang opens the discussion to the public. Robert Lockwood from 89 West St states he is concerned about the pool and the wall, he states he thinks it does impact him with regard to flooding. Paluzzi questions the location of the 100-year flood elevation. Keough states no activity planned it that zone. Squibb suggests a site visit. Johnson moves to continue the hearing to the October 4, 2005 meeting pending a site inspection scheduled for Saturday, September 17, 2005 at 9:15 a.m. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 412 Hale Street – Landmark School Maxner reads the legal notice. Danielle Peters of Geller DeVellis representative for the applicant states that the proposed project consists of installing a 4” fire protection line off an existing water main located behind the Bain building on the campus of the Landmark School. She states there will be no permanent change in the topography or vegetation and the work for the water line is expected to last one to two days maximum. Erosion and sediment controls will be installed during construction to limit the amount of disturbance, and goes on to explain that there will be a replanting area of shrubs and trees to compensate for the dead hemlocks that were taken down during the summer. 11 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 12 of 18 General discussion ensues regarding the wetland resource and the nature of the work. Peters states the plantings will not be done until next spring growing season. Lang asks if there are any questions from the public. There are none. Johnson moves to close the hearing. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 49 & 50 Sonning Road – Tom Pyburn and Paul Lyons Maxner reads the legal notice. Bruce Poole from S.P. Engineering representing the applicant, states that test pits were completed with the Commission’s permission pursuant to a 21E site investigation as this site was once used as a landfill. He states the property abuts Route 128, North Beverly Brook, that there is no Bordering Vegetated Wetland associated with the brook. He states that some clearing has been done, and that they immediately put in hay bales pursuant to an Enforcement Order issued by the Commission. He briefly explains the results of the test pit exploration. He explains the applicant is seeking to construct a single-family house, driveway and associated appurtenances within the Buffer Zone. General discussion ensues regarding drainage and the status of the brook. Maxner explains the applicant provided photographs of the brook with a dry bed during August of this summer from five separate days during that month. Lang opens the discussion to the public. Abutters to the project express general support for the project as they wish to see the dumping on this property stopped. Lang suggests a site inspection. Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection scheduled for Saturday, September 17, 2005 at 9:45 a.m. Seconded by Johnson. All members are in favor. Motion carries 6-0. New: 686 Hale Street – Molly Ryan Maxner reads the legal notice. Maxner states the proposal is dredge a landscape pond, however the wetland consultant opted to skip this hearing considering the length of the agenda and offered to be available for a site inspection. 12 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 13 of 18 Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection scheduled for Tuesday, September 20, 2005 at 6:00 p.m.. Seconded by Johnson. All members are in favor. Motion carries 6-0. New: 567 Hale Street – Caleb Loring, Jr. Maxner reads the legal notice. Maxner states the proposal is to construct a single family house and associated appurtenances within the Buffer Zone to BVW bordering bank of intermittent stream, however the wetland consultant opted to skip this hearing considering the length of the agenda and offered to be available for a site inspection. Paluzzi moves to continue the hearing to the October 4, 2005 meeting pending a site inspection scheduled for Tuesday, September 20, 2005 at 6:30 p.m.. Seconded by Johnson. All members are in favor. Motion carries 6-0. OLD/NEW BUSINESS New: DEP File #5-750 – Certificate of Compliance Rescind – 107 Brimbal Avenue. - Olivier Humbert Maxner states that back in June the Commission issued a Certificate of Compliance to Olivier Humbert the Certificate was altered to reflect the new owner’s name and then recorded at the Registry. She explains the Commission will need to vote to rescind the Certificate and order the applicant to reapply for a new Certificate indicating the person to whom it should be issued. Paluzzi moves to rescind the Certificate and require the applicant reapply. Seconded by Squibb. All members are in favor. Motion carries 6-0. New: 65 West Street – Investigation/Enforcement Request Maxner states she received a letter requesting an investigation of 65 West Street from the neighbor of Evan Wile. She states since this came in a formal letter from the neighbor’s attorney she opted to place it on the agenda so that the Commission may consider this as a group. Jeffery Horvitz states that excavations have taken place on the property, fill has been sifted and removed from the property, there have been helicopters landing within the buffer zone and some th along the coastal bank. During the 4 of July, there was a large party; the area was heavily used during the weekend. He would like the Commission to make a determination if Mr. Wile is in violation of the Wetlands Protection Act and Ordinance. A site visit is scheduled for September 20, 2005 at 5:30 p.m. 13 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 14 of 18 New: 7 Deerhaven Road – Kandis & Chris Cloutman Maxner states that the Cloutman’s requested to fill and grade a low-lying area located on their property. She states the area in question was delineated as an Isolated Vegetated Wetland in the early-mid 1990’s when this subdivision was built. Kandis Cloutman of 7 Deerhaven Rd. states that this area is like a pit that poses a hazard to her children and others that walk past it. She states that some kids have tumbled down the slopes of the depression and she is worried that someone will get hurt. She states she called City Hall and was told by Engineering Director Frank Killilea that there was a pipe there and he suggested that Mike Collins, DPW Director look at it. She explains that Mike Collins informed them that this was a wetland and directed her to contact the Commission. Maxner states she would like the Commission members to look at this area. Johnson moves that members visit the site on their own time and to continue this discussion to the October 4, 2005 meeting. Seconded by Hayes. All members are in favor. Motion carries 6- 0. New: 15 Access Road – Jose Mudafort Maxner reads a letter from Mr. Mudafort requesting to cut several trees on his property that are posing a hazard to safety. She states these trees are within the Buffer Zone to Bordering Vegetated Wetland and she believes two or three are at the edge of the wetland. She states that Tony Paluzzi visited the site and indicated that he would be willing to allow the removal of said trees as they are posing a risk for damage and safety. Paluzzi states he had visited the site and he has no problem with him taking the trees down, there not in the wetland and a couple of the trees may fall into the 128 exit ramp. Cademartori agrees and states he took a quick look and these trees do pose a hazard to both the house and the 128 ramp. Johnson moves that Maxner send a letter to allow the removal of the trees. Seconded by Hayes. All members in favor. Motion carries 6-0. New: 527 Essex Street – DEP File #5-527 – Peter Scouras Maxner states that Mr. Scouras received an Order of Conditions for an addition and lateral sewer tie in May of 1996. She states that this past July, he submitted a building permit application for the installation of an in ground pool outside the Buffer Zone. Maxner detected a discrepancy from the approved plan under the Order and the pool permit plan; specifically the garage and driveway were expanded without approval by the Commission. She explains that she wrote a letter to Mr. Scouras requesting his presence at this meeting, but he called today stating that he wanted to prepare an as-built plan for the Commission to review but it is not ready. Maxner 14 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 15 of 18 recommends that the Commission issue an Enforcement Order requiring Mr. Scouras to plant the 25-Foot No Disturbance Zone with native bushes and/or shrubs and demarcate the limit of that zone with permanent markers. Hayes states the Commission should issue some sort of penalty for not following the Order and he would be in favor of requiring some sort of mitigation. Paluzzi states the Commission should issue an Enforcement Order, and require Scouras to hire a wetland consultant to formulate a planting plan. Hayes moves to issue an Enforcement Order and require Mr. Scouras to replant the 25’NDZ and to have the plan designed and plantings supervised by a wetland scientist, submitted to the Commission in time for the November 22, 2005 meeting and that the plantings be completed by the end of May of 2006. Seconded by Johnson, All members are in favor. Motion carries 6-0. New: Standley Street Compost Facility Maxner states she received a telephone call from Ward 6 Councilor Pat Grimes, requesting the Commission to inspect the Standley Street compost site for complaints of odor as well as possible encroachment into the wetlands. Hayes moves to continue discussion on this to next meeting of October 4, 2005. Seconded by Johnson. All members are in favor. Motion Carries 6-0. 150 Sam Fonzo Drive, DEP File # 5-844 Maxner states the Commission issued an Order of Conditions for the construction of an industrial building at 150 Sam Fonzo Drive, and as part of mitigation for encroachment into the 25-Foot No-Disturb Zone a Conservation Easement was required for the undeveloped portions of the property. She states the Commission wished to review the language of the easement. Members take a moment to read the proposed language. Lang states this seems to be very basic language and thinks there is a need for more detail. Members agree. Maxner states there should be prohibitions on motorized vehicles except that which is needed to clean the property of dumped debris. Lang suggests that a more complete template for language be drafted and reviewed by the Commission. Members agree. Lang excuses himself from the rest of the meeting and explains he has a very early flight tomorrow morning and needs to go home. 26 Middlebury Lane Maxner reads a letter from the resident of 26 Middlebury Lane regarding trimming tree branches within the Buffer Zone to a wetland area. 15 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 16 of 18 Johnson states he would not be opposed to allowing the trimming of branches only. Hayes agrees. Members agree and instruct Maxner to inform the resident that she only has approval for trimming branches that are posing a hazard. 7 Margaret Avenue, DEP File # 5-861 Maxner states the applicant wants to level an area in the outer Riparian Zone to put in parking and shows the proposed plan to the members. She asks if the Commission would like an amended Order or a Minor Modification. Members advise that an amended Order is most appropriate for this proposed change. Maxner states she will inform the applicant that he needs to submit a request for an Amendment. Reimbursement Maxner states she had to send the complete administrative record of the Whitehall Cluster Subdivision to George Hall, the Commission’s independent council for the appeal, and she requests reimbursement for $10.45. Hayes moves to approve Maxner’s request for reimbursement of $10.45. Seconded by Johnson. All members are in favor. Motion carries 5-0. Renewal of Membership to Essex County Greenbelt Association Paluzzi moves to approve the renewal of membership at the $75.00 level. Seconded by Johnson. All members are in favor. Motion carries 5-0. Ipswich River Watershed Association Membership Maxner states that she has received an Ipswich River Watershed Association membership invitation to the Commission, she states the cost is $35.00 for a municipal board. Squibb states this organization does important work and deserves the Commission’s support. Members agree. Johnson moves to approve the $35.00 for membership to the IRWA. Seconded by Paluzzi. All members are in favor. Motion carries 5-0. ORDER OF CONDITIONS 6 Fosters Point, DEP File #5-868 – Robert Gallagher Discussion ensues regarding potential Special Conditions that should be applied to this projectl. Johnson moves to issue Standard Conditions and the following Special Conditions: 16 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 17 of 18 1. Construction of the pier shall be accomplished by maximizing access from the water and from completed sections of the pier. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland or salt marsh. If there are no practical alternatives to using heavy equipment in these areas, a construction plan shall be submitted to the Conservation Commission prior to construction. 2. 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 treated wood are explored. Wood preservative must be dry before treated wood is used in construction. 3. Piles placed below the plane of Mean Low Water shall be mechanically driven to refusal, not jetted. If applicable, piles in salt marsh, coastal bank or beach shall be placed by hand. 4. 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) and the individual deck planks of the structure shall be spaced at least ¾ inch apart. 5. Salt marsh vegetation shall be avoided during construction. 6. Any area that is disturbed during construction is to be re-vegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. Seconded by Hayes. All members in favor. Motion carries 5-0. 261 Hart Street - Hilary Gabrieli Johnson moves to issue Standard Conditions. Seconded by Hayes. All in favor. Motion carries 5-0. Off Boulder Lane – DEP #5-815 – Miles Group, Inc. General discussion ensues regarding the lack of response on the part of the applicant and insufficient information for the Commission to make an informed decision on this project. Lang states there seems to be consensus among members that this project is not approvable based on the lack of information. Hayes moves to deny the project for lack of information that was requested by the Commission but ignored by the applicant. Seconded by Johnson. All members are in favor. Motion carries 6-0. 228 Common Lane – DEP #5-886 Johnson moves to issue Standard Conditions. Seconded by Hayes. All members are in favor. Motion carries 6-0. 675R Hale Street Johnson moves to issue Standard Conditions with a Special Condition: 17 Beverly Conservation Commission September 13, 2005 Meeting Minutes Page 18 of 18 ??There shall be no repair of lubrication of machinery or equipment within the resource area or buffer zone. Seconded by Hayes. All members are in favor. Motion carries 6-0. 412 Hale Street Johnson moves to issue Standard Order of Conditions. Paluzzi moves to amend the motion to add a special condition requiring that the area of excavation shall be seeded with compatible non-invasive specie seed mix. Seconded by Hayes. All members are in favor. Motion carries 6-0. Approval of Minutes Paluzzi moves to review the draft minutes at the next meeting. Seconded by Johnson. All members are in favor. Motion carries 6-0. Adjournment Hayes moves to adjourn. Seconded by Cademartori. All members are in favor. Motion carries 6-0. Meeting adjourns at 11:30 p.m. 18