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2006-02-28 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: February 28, 2006 Board: Conservation Commission Members Present Tony Paluzzi (Vice-Chair), Ian Hayes, Mayo Johnson, Gregg Cademartori, and Bill Squibb Members Absent: David Lang Others Present: Amy Maxner – Environmental Planner Recorder: Eileen Sacco Vice Chair Paluzzi calls the meeting to order at 7:00 p.m. at G.A.R. Hall Discussion with Mayor William Scanlon – Former Vitale Site Maxner suggested that the Commission visit the Pole Swamp property on March 25, 2006. Johnson moves to schedule a site visit to the Pole Swamp property on Saturday, March 25, 2006 time to be determined. Seconded by Hayes. The motion carries 5-0. Hayes addresses the Commission and distributes information that he researched regarding the process the Commission should establish on how to handle this. He states that a set of steps is necessary for the process of disposition and swapping land. Hayes notes that the first step would be for the Commission as a group to develop a set of standards to follow. These would include coming up with a consensus of the conservation values of the land and suggested looking at comparable conservation land to determine characteristics from there. A policy should be established and followed for the turning over of land. Hayes notes that the Commission is not going to get a 1-1 swap on this transaction, as the Vitale Site is located within the watershed and the other parcels are not. He suggests the Commission should look at this in terms of what restrictions or protections should be placed on the Vitale Site to protect the water supply, and then evaluate the other parcels based on conservation values. Hayes also states that any approval should be unanimous by the Commission. He states these points can be further discussed in the near future but wanted to provide the Commission with this outline. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 2 of 11 There being no further questions or comments regarding this matter Johnson moves to continue the matter to the March 28, 2006 meeting. Seconded by Hayes. The motion carries 5-0. Recess for Public Hearings Johnson moves to recess for public hearings. Seconded by Hayes. Motion carries 5-0. Cont: 10-12 Congress Street – Abbreviated Notice of Wetlands Delineation – Beverly Office Development LLC Kenneth Knowles noted that a site walk was held this past Saturday, and would welcome any questions or comments from the Commission. Cademartori notes the mean high water on the plan was not adjusted and inquires about the delineation for a section of the coastal bank. Knowles notes that he did receive comments from Maxner in that regard and states the elevation was adjusted on the plan. Knowles explains that in the coastal bank there is a break in the slope along the retaining wall, which has crumbled and therefore dictated the location of the top of bank. He also notes that revised coastal bank delineations have been prepared on a revised plan. Paluzzi opens the hearing up for public comment at this time. Priscilla Gagne of 36 Cliff Street asks if they are going to rebuild the seawall back to the way it was. Knowles notes that it will be part of a larger project when they develop the property. Maxner asks if the Commission is comfortable with the plan and revisions presented at tonight’s meeting. Members agree there is no need for an additional continuance and are satisfied with the plan as revised. There being no further questions or comments regarding this matter Johnson moves to close the hearing. Seconded by Hayes. Motion carries 5-0. Notice of Intent Cont: Public Hearing – 89 Boyles Street – DEP File #5-902 – Expand Electrical Substation – New England Power Company Paul Richards addresses the Commission and notes that a site visit was held this past Saturday and there are no changes to the plan, as the Commission made no additional requests for information that would require a change to the plan. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 3 of 11 Maxner states that plowing was raised as an issue and noted that snow storage cannot be in the resource area. Richards states that they could place signage in that area to let contractors know not to stockpile snow in that area. Squibb questioned the removal of some large bull pine trees on the site. Richards states that they have to come down to prevent squirrels from getting into the substation. He notes that they would be willing to plant low growing shrubs or bushes further away from the fencing if the Commission would like. Cademartori suggests that the Commission stipulate that the plantings be of alder or other hearty bush. There being no further questions or comments regarding this matter Johnson moves to close the public hearing. Seconded by Squibb. The motion carries 5-0. Cont: - 14 Arbella Drive – Construct Addition – DEP File #5-904 - Cathy Harrison Mr. Harrison addressed the Commission and explained that a site visit was held this past Saturday, noting that he was unable to attend but his wife, Cathy Harrison attended. Paluzzi notes that the corner of the garage is very close to the no disturb zone and suggested that Mr. Harrison pull the garage forward. Harrison states that he could eliminate a couple of the footings and bring it a couple of feet forward. Harrison notes that he is doing the work himself from the street side of the property and would not disturb the wetlands from access issues. Maxner notes that the corner of the garage is within the flood plain and as indicated by the DEP they need to provide compensatory food storage. A brief discussion ensues as to the accuracy of the FEMA flood elevation. Hayes questions how far forward they could pull the garage forward. Harrison states that he would be agreeable to pull it a couple feet forward, but that the Engineer in the planning process has already relocated it. Paluzzi notes that they propose to install a filter sock and notes that the Commission would prefer hay bales and a silt fence. Harrison states that is no problem and he will do that. Paluzzi asks what the width of the garage is. Harrison states that it is 32 feet. Johnson notes that the garage should be built outside of the flood plain and agrees that it should be moved at least five feet forward. . Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 4 of 11 Squibb notes that there is a tree on the corner and asks if there are any plans to remove it. Harrison states that it should be fine and he has no plans to remove it. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter Johnson moves to close the public hearing. Seconded by Hayes. The motion carries 5-0. Cont: off LP Henderson Road and Cabot Street – DEP File # 5-897 – Request to Leave Constructed Culvert Crossing – Cailin, LLC – c/o Stanley Bialek Scott Patrowicz addresses the Commission and explains that the hearing has been continued since December and the Commission conducted a site inspection in early January. He states that they have held discussions with NEPCO on the maintenance of the access roadway that has been used to haul material for the work done on the Vitale site. Curt Young, Wetlands Preservation, explains that they are proposing a replication area adjacent to the Vitale site, which is different from the original location proposed. He notes that they wished to avoid interaction with the restoration on the Vitale site under the restoration project. He notes that they found a location that is upstream of the culvert. Young also states that they will cut a stream channel 120 feet in length into the replication area in order to mitigate the loss of bank from the culvert construction. He notes that the planting plan has been submitted and that the access road is on the plan. Paluzzi asks if the crossing’s slopes will he filled and seeded. Young states that they will seed the upland areas with restoration and propose a mix of 8-10 species which is a combination of grasses and herbaceous. Johnson suggests a site visit. Paluzzi agrees. The Commission will schedule a site visit for March 25, 2006 to meet on Cailin Road. Cademartori requests that a much more detailed construction plan for the wetlands replication area be submitted, as he doubts a contractor could read what was submitted. Young agrees to prepare that. Squibb asks if a cross section of the culvert be submitted. Patrowicz referred to sheets D8 and D2 of the submittal and notes that it shows elaborate detail of that but is willing to prepare plans to the Commission’s satisfaction. Maxner requests a cross section of the proposed replication area. Young states that will be possible. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 5 of 11 Cademartori questions whether an ANRAD has been done on the parcel located to the north of the Vitale Site. Patrowicz notes that a wetland delineation has been done and reviewed for the installation of Cailin Road only. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter Johnson moves to continue the hearing to the March 28, 2006 meeting pending a site inspection scheduled for Saturday, March 25, 2006. Seconded by Hayes. The motion carries 5-0. New: 44 Prince Street – Construct Season Floating Dock – David Carnevale Maxner reads the legal notice. Bob Griffin, Griffin Engineering, addresses the Commission and explains that the property is located at the end of Prince Street. He notes that there was some type of structure there previously and the new owner is proposing to construct a floating dock for his recreational use. He explains that they are proposing a 10-foot wide by 40-foot long with a 10’ x 20’ gangway and explain installation methods. Griffin noted that they will attach the gangway to existing rock ledge and it will lead to the dock, which will be attached by chains and anchored by concrete blocks resting on the ocean floor. He notes that MHW is noted on the plan. He states this project is just under the threashold for non-reporting to the Army Corps of Engineers, and is not a Category 2 or 3. Griffin explains the following resource areas on site consist of: Land Under the Ocean, Coastal Bank, Rocky Intertidal Shore, Land Containing Shellfish, Land Subject to Coastal Storm Flowage. Paluzzi asks if they need any additional permitting for this project. Griffin states yes, they will need Chapter 91 and a permit from the Harbormaster. Cademartori asks what source did they use for the MHW. Griffin states he is unsure but has used the same data that he has been using which came from a senior engineer that he worked with. Cademartori states the data seems to be closely aligned with NOAA’s data. Hayes asks if the dock will be removed seasonally. Griffin explains that they will store it in a boat yard in the winter months. He notes that the gangway will be removed as well but the blocks will remain. Paluzzi asks how shallow the water will be at low tide beneath the dock. Griffin states it will be between 2 and 6 feet of water, but no less than 2 feet. He explains they performed two bathymetric surveys of this area and is confident that the project meets all of the performance standards. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 6 of 11 Paluzzi suggests a site visit. Johnson agrees noting that he would like to see the area. Cademartori states this is a very simple and straightforward project and is not sure a group site inspection is necessary. Griffin notes that the plan is straight forward and informs the Commission that they will have another opportunity to visit the site in a couple of months when they file a plan for renovations of the house. Paluzzi questions if this is in a velocity zone. Griffin states that it is at elevation 14 and explains that they are going to try this for a couple of years and if necessary put in a pier after that. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter Johnson moves to close the public hearing. Seconded by Hayes. The motion carries 5-0. New: 412 Hale Street – Landmark School – construct Athletic Complex with Parking and Athletic Field Maxner reads legal notice. James DeVellis of Gellar DeVellis addresses the Commission and explains the plans for the new athletic field and gymnasium at Landmark School. He states that they have filed a full Notice of Intent and drainage report. DeVellis reviews the plans and notes the existing conditions of the site. DeVellis also notes that the proposed gymnasium is outside of the jurisdiction of the Commission and the primary focus of this filing is the athletic field. DeVellis reviews the plans for the proposed soccer field and parking area, as well as the drainage and grading plans, noting that the building and the parking area will have underground filtration. DeVellis notes that the drainage has been sheet flowing into the pond for years and they are installing a new system that meets DEP requirements. He also notes that DEP has made comments regarding the system. Paluzzi asks if the pond has an outlet. DeVellis states yes and explains the location on the plan. He notes that it is a natural and man-made pond noting that the natural area has water all year long. Catherine Martin addressed the Commission and explained the landscaping plans for the site. She states that they are proposing a natural woodland concept and propose to plant deciduous and evergreen trees. She also explains that the field will be screened and they propose to replicate the woodland area noting that the zoning requires screening along the edge of the parking lot. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 7 of 11 Paluzzi suggests that the Commission visit the site. The Commission will visit the site on Saturday, March 25, 2006. Hayes asks if there will fencing along the pond at the field edge. DeVellis states there will be a roped fence to stop balls from rolling into the pond. Paluzzi opens the hearing up for public comment at this time. Rene Mary 274 Hale Street addresses the Commission and notes that she feels that the area is an emergent marsh. Cademartori states that the Natural Heritage & Endangered Species Program has identified this as a potential vernal pool. Jonathan Loring of 502 Hale Street addresses the Commission and notes that he is an abutter. He expresses his concern about the wetlands and wildlife noting that there are ducks and geese and other birds out there. He also requests that consideration is given to the maintenance of the field that they don’t affect the wetland as the topography is extremely varied in that area. He also states that he is concerned that the change will affect the lighting of the area. DeVellis explains the finish grades of the soccer field and notes that the field will be higher than the pond but sloping towards the pond with a catch basin system to catch runoff along the perimeter. Rene Mary notes that there is ledge up there and asks if there will be any blasting for the project. DeVellis states that there will be blasting and they are proposing to process it on site and put it back so they won’t be taking it off site. There being no further questions or comments regarding this matter Johnson moves to continue the hearing to the March 28, 2006 meeting pending a site inspection scheduled for Saturday, March 25,2006. Seconded by Squibb. The motion carries 5-0. New: 9 Parkview Avenue – Replace Pilings Beneath Residence – Harry Prussman Maxner reads legal notice. Kris an Naerssen addresses the Commission and explains the proposed pile replacement at 9 Park Avenue located on the Danvers River near the Kernwood Bridge in the vicinity of Ober Park. Van Naerssen explains that the house is 100 years old and they are proposing to replace the structural support piles beneath the house. He notes that they are proposing to replace the 6 northern most piles. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 8 of 11 Van Naerssen explains that plan S1 shows the existing conditions at the site. He explains the process for replacing the piles and notes that temporary support structures will be installed to support the structure during the replacement. Smith and Marine will do the work and the wooden support piles will be removed and replaced with 12” bell shaped concrete pile bases, which will be poured on site. Paluzzi asks if the piles will be in the ground. Van Naerssen states that they will be four feet below grade with a compact sub-grade below that. Paluzzi asks how they will dig the holes. Van Naerssen states that they will most likely dig the holes by hand and work with the tide. Paluzzi asks if they will be removing the excavated material from the site. Van Naerssen states that they will be using the material as backfill. Van Naerssen states that the piles will be very close in position to the existing pilings but will be a little more evenly spaced. Squibb asks if they are doing anything to the actual structure of the house. Van Naerssen states no and explains that they will be bringing the floor back to code and notes that they have met with the Building Inspector. Paluzzi asks if they are replacing any cross ties under the house. Van Naerssen states that they are not going to touch anything that is not assigned for them in this project. Paluzzi also notes that any fueling of equipment must be done offsite. Paluzzi also inquires how long they expect the work to take. Van Naerssen states that it should take three weeks noting that they expect to work six hours per day around the tide. He estimated that the work would be done in April or May. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Paluzzi suggests a site visit. The Commission will visit the site on Saturday, March 25, 2006. There being no further questions or comments regarding this matter Johnson moves to continue the hearing to the March 28, 2006 meeting, pending a site inspection scheduled for Saturday, March 25,2006. Seconded by Squibb. The motion carries 5-0. OLD/NEW BUSINESS New: 8 Thomas Road – Discussion with Joe Coughlin – Re: Shed Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 9 of 11 Mr. Coughlin addresses the Commission and explains that he purchased the house about a year ago. He notes that he wishes to install a standard shed in the yard that is 8x10 on concrete blocks and he would like to install a set of stairs to go from the garage leading to the back yard. Paluzzi asks if there will be a landing on the stairs. Coughlin states that there will be a small landing. Maxner explains that the requirements for an RDA call for a legal ad and a public meeting and that this presentation is an informal discussion in order for Mr. Coughlin to get feedback from the Commission. Paluzzi notes that he does not foresee any problem with approving the shed but it should be properly advertised and placed on the next agenda on March 28, 2006. Members agree. Orders of Conditions 10-12 Congress Street – Abbreviated Notice of Wetlands Delineation – Beverly Office Development LLC Johnson moves to approve the Abbreviated Notice of Wetlands Delineation as submitted. Hayes seconds the motion. The motion carries 5-0. 89 Boyles Street – DEP File #5-902 – Expand Electrical Substation – New England Power Company The Commission discusses applying Standard Conditions and Special Conditions as follows: 1. Provision for plowing and replanting plan. 2. A native planting plan shall be implemented within the area just beyond the limit of the new fencing. (Members agree to allow Maxner to develop a suggested planting plan with plant species with at least 20 plants to be planted). Johnson moves to approve the Order of Conditions as discussed. Hayes seconds motion. The motion carries (4-0-1) with Cademartori abstaining. 14 Arbella Drive – Construct Addition – DEP File #5-904 - Cathy Harrison The Commission members discuss applying Standard Conditions and Special Conditions for the project as follows: 1. Erosion control for the project shall consist of hay bales and silt fencing both to be entrenched 4 inches below grade. 2. The proposed garage shall be shifted 5 feet toward the street and a revised plan shall be submitted to the Commission prior to any work commencing. Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 10 of 11 3. The proposed deck off the rear of the garage shall be cantilevered. 4. Any excess excavate not re-used on site shall be removed from the site as soon as possible. Johnson moves to approve the Order of Conditions with Standard and Special conditions as discussed. Hayes seconds the motion. The motion carries 5-0. 44 Prince Street – Construct Season Floating Dock – David Carnevale Paluzzi suggests Standard Conditions, and the Commission members discuss Special Conditions as follows: 1. Storage of the float and gangway in the off season shall be offsite. Johnson moves to approve the Order of Conditions with Standard and Special Conditions as discussed. Hayes seconds the motion. The motion carries 5-0. New: Request for Determination of Applicability – 12 Bridge Street – Construct Two Story Addition – Martin Osterode The applicant failed to show for the meeting. Maxner suggests that the Commission continue this application to the next meeting on March 28, 2006. Cademartori states the application is lacking a Riverfront alternatives analysis and states that the applicant should prepare it for the next meeting, as it is required by the Regulations. Maxner agrees to inform the applicant of this requirement. Johnson moves to continue this item to the March 28, 2006 meeting. Hayes seconds the motion. The motion carries 5-0. Old/New Business Cont: 18&20 Longmeadow Road – Enforcement Update Maxner states she has not heard anything from Mr. Barcelar as to his progress in obtaining written estimates for delineating the wetlands on his two properties but will follow up with him and report her findings at the next meeting. Approval of Minutes Johnson moves to approve the January 10, 2006 meeting minutes. Squibb seconds the motion. Cademartori and Hayes abstain. The motion carries 3-0-2 (two abstensions). Beverly Conservation Commission February 28, 2006 Meeting Minutes Page 11 of 11 Johnson moves to approve the January 31, 2006 meeting minutes as amended. Squibb seconds the motion. The motion carries 5-0. 62 South Terrace, Mike Berta Maxner explains that Mike Berta of 62 South Terrace requested to put a fence along his property line within the existing paved driveway. Members agree that this was a insignificant change to the plan and needed no further review by the Commission. Maxner states she will write a letter to Mr. Burta indicating he had approval to install the fence. 5 Boyden Avenue Maxner explains that the Commission approved an RDA for the installation of a pool and to square off the backyard and now the applicant wants to clear the area once again. Maxner notes that she visited the site and she has concerns about the reliability of the wetland delineation that was done in 1989 or 1990. She notes that she feels that the wetland is closer than the delineation represents. She inquires whether the Commission would be willing to schedule a site inspection to observe the area in question. A brief discussion ensues regarding the project, and members agree that the applicant needs to have the wetlands delineated before the Commission would visit the site. Paluzzi states the Regulations established by the Commission may impact the homeowners plan. Maxner states she will write to the applicant and advise her to secure the services of a wetland consultant as the Commission suggested. Site Visits th Maxner states she will schedule the site visits for Saturday March 25 and inform the members of the Commission of times and meeting places. Meeting Schedule Maxner reviewed the meeting schedule for the Conservation Commission and noted that the next meeting of the Commission will be held at GAR Hall. Adjournment There being no further business to come before the Beverly Conservation Commission this evening Johnson moves to adjourn the meeting. Hayes seconds the motion. The motion carries 5-0. The meeting is adjourned at 10:00 p.m.