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2007-06-19 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present June 19,2007 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Tony Paluzzi Vice Chair, Gregg Cademartori and Bill Squibb arrives at 7: 15 p.m. Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at G.AR. Hall, 8 Dane Street, Beverly, MA Certificate of Compliance Continuation: 17 Cole Street - DEP File # 5-809 - Andrew Neumann Maxner recalls that the Commission tabled the issuance of a Certificate of Compliance for this matter in favor of allowing the grass to grow and soil to stabilize. She reported that she visited the site today and the grass is coming along but recommends that the Commission table the matter to the next meeting and the applicant is agreeable to that. Maxner also notes that Mr. Neumann requested feedback from the Commission regarding what their preference is for demarcating the No Disturb Zone. Hayes states that he thought that the Commission decided on poured concrete markers 6 inches above grade. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to July 10,2007. Hayes seconds the motion. The motion carries 6-0. New: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden Maxner recalls that the Commission requested additional information from the applicant relative to compensatory flood storage, planting strip and catch basin status and she has not heard from the applicant's consultant in that regard. She recommends continuing the matter to July 10, 2007. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to July 10,2007. Hayes seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 2 of 16 Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas Stephen Kalivas addresses the Commission and explains the rough draft of the proposed planting plan, noting that some plantings were done yesterday. He also notes that they planted four blueberry bushes, one dogwood tree, and one maple in the wetland. Maxner asks if they took any of the mulch out. Kalivas explains that they are going to pull back and take out 2 1Iz feet of mulch. Hayes states that the Commission would also require ground cover planted and that 1Iz the mulch be removed. There being no further questions or comments regarding this matter, Paluzzi moves to approve the planting plan in addition to removing the mulch and allowing ground cover to establish. Hayes seconds the motion. The motion carries 6-0. Maxner notes that the applicant should give her a call and she will go out and take a look when the work is completed and the Commission could vote on the Certificate of Compliance at their next meeting. Kalivas agrees. 245 Dod2e Street - DEP File #5-801 - Henry and Donna Bertolon Maxner explains that the applicant has requested that the matter be continued to July 10, 2007. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to July 10,2007. Hayes seconds the motion. The motion carries 6-0. 245 Dod2e Street - DEP File #5-836 - Henry and Donna Bertolon Maxner explains that the applicant has requested that the matter be continued to July 10, 2007. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to July 10,2007. Hayes seconds the motion. The motion carries 6-0. Squibb arrives. 19 Bavview Avenue - DEP File 5-845 - Geraldine Cathcart Maxner states that the applicant requested a Certificate of Compliance for an Order governing the addition of an 11 'x16' sunroom, supported by sono tube footings within the buffer zone to a coastal bank. She notes that the Commission accepted a sketch plan and the applicant is requesting a waiver from the as built plans and engineer certification. She also notes that the applicant obtained a letter from the company that built the sunroom attesting to the fact that the sunroom was built exactly as proposed. Maxner Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 3 of 16 also states that she visited the site and found it to be in compliance and recommends approval. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 19 Bayview Avenue and waive the as-built requirement and P.E. certification. Reilly seconds the motion. The motion carries 7-0. ReQuest for Determination of Applicability New: 36 Taft Road - Robert and Marilyn E20 - Installation of Above Ground Pool Maxner reads legal notice. Robert Ego addresses the Commission and explains his plans for the installation of an above ground pool in his yard. He notes that he asked Maxner to visit the site, which she did. Maxner explained that she measured from the existing deck and it is about 50 feet from the wetland. She also notes that they are able to position the pool outside of the 25' NDZ. Maxner also explains that during this process the Ego's discovered that a portion of the wetland that they were mowing is not their property and they will cease to mow it from now on. Ego concurs and states that he thought that the area he mowed was regular grass but now that he knows it is wetland he will stop mowing. Hayes asks if they are putting sand under the pool. Ego explains that they will be using sand and they may have to raise one corner of the pool area a little because it is not completely flat. Maxner suggests a condition that the pool shall not be drained for at least two weeks after chlorination. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 3 Determination with the condition that no draining of the pool shall take place until two weeks after chlorination. Reilly seconds the motion. The motion carries 7-0. New: 7 Bayview Avenue - Michael Harrin2ton - Reconstruction of Paved Tennis Court Maxner reads legal notice. Cademartori recuses himself from this portion of the meeting and leaves the room. Atty. Tom Harrington addresses the Commission and explains that he is representing Mr. Harrington. He explains that his client is resurfacing his tennis court and refers to the second to the last page of the application packet. He explains the plan and notes that they Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 4 of 16 placed six inches of gravel and explains the process of installing asphalt layers and surfacing techniques. He notes that all that remains to be done is a binder coat on the tennis courts and a coat of paint, but some work was done prior to the stop work order. He also notes that they installed siltation fences on the property. Maxner asks if there will be one layer of binder coat or two on the tennis court. Harrington states that it would be one binder coat. Maxner notes that there is one remaining issue, that being the issue of the fine of $100.00 issued by the Commission for the one day that work resumed after the stop work order was issued. She asks if the Commission is inclined to waive the fine. Hayes states that he is reluctant to waive the fine given the situation in that neighborhood and the Commission should send a message. Harrington refers to a legal case he submitted with the application in which the court held that repair work is not subject to the Wetlands Protection Act. He also notes that they are not here to argue about the issue of the fine. Lang notes that the legal case refers to the Wetlands Protection Act and the Commission has a local Ordinance as well. Harrington states that he reviewed the Ordinance and there is no language regarding repair work in that as well. Squibb asks if the area is a Coastal Bank. Maxner states that she feels that it is a beach and possibly a coastal bank. Lang states that he does not see much interest by the Commission to waive the fee. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination and not waive the $100.00 fine. Reilly seconds the motion. The motion carries 6-0. Cademartori returns to the meeting. New: 7 Elm Top Lane - Michael and Dale Enes - Construction of Stone Landin2 Maxner reads the legal notice. Aimee Savard, Siemasko & Verbirdge, addresses the Commission and explains that her client proposes to install a 6'x5' stone landing for an outdoor grill patio. She explains that the work is just outside of the 25' NDZ and will be in an area of lawn that will not require the removal of any vegetation. She notes that they looked at putting it on the existing terrace but because of a wooden trellis they were concerned about fire safety. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 5 of 16 Lang states that the plan is seems to be very straightforward and asks if there are any questions from the Commission. Hayes asks how the work will be carried out. Savard states that all work will be manually done and excess soil will be either used in the flowerbeds or just taken off site. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination. Hayes seconds the motion. The motion carries 7-0. Recess for Public Hearin2s Paluzzi moves to recess for public hearings at this time. Hayes seconds the motion. The motion carries 7-0. Cont: Sam Fonzo Drive/Trask Street - Construct Buildin2 with Associated Gradin2. Utilities. Parkin2 Area and Stormwater Mana2ement Facilities - C. Ronald Vitale Peter Ogren addresses the Commission and explains that he met with Mike Collins and he reviewed the recent drainage improvements that were done in the area by the City. He also notes that the area is fairly dense with phragmites and they retard the flow of the water. He notes that Collins suggested that the stream channel be manually cleaned by about 12 inches or so, which might provide increased capacity and encourage flow down stream to some degree. He notes that his client is willing to do some of the suggested work but the digging of a channel to control the phragmites is a big job that they should not be expected to do. He notes that they are proposing to clean out some debris in the channel. Lang asks Ogren to review the stormwater management proposed for the site. Ogren reviews the stormwater management plan. Lang questions how they determined the sizing of the forebay. Ogren reviewed the calculations and noted that he would get that information for the Commission. Cademartori asks for the pre and post peak rates, and asks if it is possible to enlarge the basin to provide increased attenuation. Ogren states that he did not realize that he would need that information this evening and didn't bring his copy of the calculations. Hayes provides his copy to Ogren. Ogren reviews the peak rates: '" Existing 2 year = 1.69, post = .9 '" Existing 10 year = 4, post = 2.42 '" Existing 100 year = 7.37, post = 4.40 Ogren noted that they were trying to deal with the existing situation and tried not to over use the basin and if the Commission feels that it would be advantageous they could increase the storage capacity. He also explains that the houses on Trask Street were built Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 6 of 16 close to or at the wetland elevation and they should have been higher and there would be less flooding issues in the area. Maxner asks if double or single catch basins are proposed. Ogren states that they are proposing single catch basin but are amenable to providing a double catch basin in the Commission wishes. Squibb asks what the size of the proposed building is. Ogren explains that they are proposing a 15,000 s.fbuilding that will be broken down into 3,000 s.f. contractor office/storage spaces. Paluzzi notes the recommendation of Mike Collins on the phragmites and asks why they are not considering that work as well. Ogren explains the suggestion by Collins and notes that he suggests 4'x4' because the channel would remain open for some time and improve the drainage but he doubts that DEP would allow that type of wetland alteration. Lang agrees and notes that the trench would essentially drain the wetland and DEP would appeal that if the Commission approved it. Ogren states that Mosquito Control is probably the only agency that could do such work. Squibb asks the elevations at the front of the building. Ogren states the street is at 78 and the front entrance will be at 80, the rear of the building will be at 76 and the rear of the parking lot at 72 and notes the wetland is at 66, but is not sure what the elevation of groundwater is. Lang opens the hearing up for public comment at this time. Resident of 60 Trask Street addresses the Commission and expresses his concerns about water in his backyard. He states that if they change the flow of the water it would negate the work that the city did. He states that he has seen water pouring out of the channel and flooding his backyard. Lang notes that heavy rains cannot flow fast enough because the culvert acts like a restriction and the water backwaters prior to flowing out the culvert. Mr. Shaw of 42 Trask Street addresses the Commission and states that the new culvert has helped out but a berm should have been put in as well. He also states that he is concerned about the detention pond and mosquito breeding. He also notes that his neighbor has pictures of how much water comes down. He further noted that there is a problem downstream. Some discussion ensues regarding mosquito control and methods that can be employed in the detention basin itself as well as treatment of de-icing materials and oil and gas contaminants from vehicles. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 7 of 16 Resident of 22 Trask Street addresses the Commission and states that he is concerned about water problems as well. He also states that he is concerned about noise and the loss of open land and wildlife habitat as there is a lot of wildlife that use this area and ask if the Commission is concerned about wildlife habitat destruction. Hayes notes that the Commission's jurisdiction is limited to the Wetlands Protection Act and the Ordinance and there are certain thresholds for habitat alteration, and does not think this project would warrant a habitat study. Rene Mary of274 Hale Street addresses the Commission and asks why the Commission does not investigate the issues before allowing them to go ahead and do the work. Maxner asks Ogren if he anticipates going to the Planning Board for a special permit. Ogren explains the permits that they have been granted. Maxner notes that there is a note on the plan that indicates they would need a special permit because the parcel lies within the Watershed Overlay District. Ogren states that if they need a special permit they will go for that. Resident of 54 Trask Street addresses the Commission and asks if there are trees proposed to help with noise and visual screening. Ogren states that they have already stated that they would plant trees along detention basin along Trask Street and possibly along the edge of the parking lot, but that would have to be approved by the Commission as they would be in the 25' NDZ. Comments from the audience center around flooding issues and what this new development will do to worsen it. Maxner states that it is important to keep in mind that the City endeavored to build this industrial road and this is not the only development that will be proposed, noting that there are other RFP's sent out by the City and there will be other projects coming along. Lang states that maybe the next step is to determine what the long term plans are for this industrial road and explore options for improving the situation. He suggests meeting with the Mayor and Mike Collins to discuss these issues may shed light on possible ways lessen the impact from this and future development. Reilly suggests that the Commission should hire an independent consultant to look at the plan. Lang notes that Peter Ogren was the design engineer for Sam Fonzo Drive and thinks that he has a good handle on the hydrology of this general area. Lang also states that there are not a lot of great alternatives here and the neighbors have to understand that there is always going to be flooding in this area. He also noted that if the basin needs maintenance the Commission could put that in the Order of Conditions. Lang suggests that the Commission should continue this matter and set up a meeting with the Mayor and the City Engineer and see what can be done in the area. He noted that the Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 8 of 16 City should take a little more ownership of this problem, as there will be more projects coming in the future. Hayes requests that Ogren provide a plan that depicts all the revisions promised by the applicant so far which will help speed the Commission's review. Ogren agrees. There being no further questions or comments regarding this matter, Paluzzi moved to continue the matter to July 10,2007. Hayes seconds the motion. The motion carries 7-0. Abbreviated Notice of Resource Area Delineation 100 Sohier Road - Map 42 - Lot 144 - Delineate Wetland Resource Area - City of Beverly Maxner reads legal notice. Kevin Dahany, Meridian Engineering Associates, explains that the City of Beverly is seeking the Commission's approval of resource areas on the Beverly High School property. He reviews the plan, which depicts an Intermittent Stream, Bordering Vegetated Wetland, 100- Year Floodplain at various elevations and 100- Foot Buffer Zone. He notes that they have a series of three sets of plans that depict the proposed wetland delineations. Lang explains that the Commission usually takes a site walk to look at the site before making a determination. Maxner states that most of the BVW on site is along the tennis courts and the rest of the area is a very defined bank that is fairly steep. Joan Murphy, 34 Meadow Road, states that they are going to divert some of the water up by Route 128 as part of the North Beverly Drainage project. Maxner notes that it is part of the Beverly drainage project that the Commission should be seeing soon under an NO!. Maxner asks the size of the watershed. Danahy states that it is seven tenths of a square mile. Maxner asks if they can characterize the surficial geology of the watershed. Danahy states that he is not sure of the geology but could get that information. Resident of22 Jorden Street states she lived there before they built the high school and there was a free running brook there with ponds on the school property. She states that over the years her yard has eroded and there is severe erosion of the bank. She states that she is concerned about more of her land being washed away. Lang states that those issues are not related to this application and explains that this is about a characterizing the wetlands and approving the delineation. He states at the Notice ofIntent phase questions of that nature can be addressed. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 9 of 16 There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to the next meeting on July 10, 2007 pending as site inspection, date and time to be determined. Hayes seconds the motion. The motion carries 7-0. Continuation -101 West Street - Construction of Sin2le Family Home and Detached Gara2e etc. - 101 West Street Realty Trust Maxner informs the Commission that the applicant has requested a continuance to the Commission meeting on August 21, 2007. She notes that they are getting together some information for FEMA Paluzzi moves to continue the public hearing for 101 West Street to August 21, 2007. Hayes seconds the motion. The motion carries 7-0. New: 8 Curtis Point Road - John D. Duffy - Various External Structural Improvements Maxner reads legal notice. Peter Ogren addresses the Commission and explains that the owner is proposing to fully renovate the garage, including expanding it, adding a new deck, stairway and patio and retaining walls within the buffer zone to a BVW, Coastal Bank and 200' Riverfront area. He also notes that the work to remove a small porch will be within the 25' NDZ, but no new work is proposed in this location. He also noted that the plans show a hay bale line as the limitation of work area. Maxner notes that she visited the site yesterday and stated that it is a straightforward project, noting that he is not increasing impervious surface on the site. Lang opens the hearing up for public comment at this time. Rene Mary of274 Hale Street addresses the Commission and asks if they are taking down the house. Ogren states no they are not. Cademartori notes that it is straightforward but notes that the top of the coastal bank and Land Subject to Coastal Storm Flowage delineations should be not be affirmed as part of this Order, as they are depicted as "approximate" on the plan. He also notes that the associated 100-Foot Buffer and corresponding 25-Foot NDZ should not be affirmed. Maxner asks if they plan on resurfacing the entire driveway. Ogren states that they are planning to resurface it. Duffy states that they may reclaim it and then pave it. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 10 of 16 There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. New: 265 Essex Street - Care One LLC - Construct four Small Buildin2 Additions Maxner reads legal notice. Jesse Blanchette of Griffin Engineering addresses the Commission and explains that his client is proposing to construct four small additions, reconfigure the driveway and make drainage improvements within the Buffer Zone to a BVW and 200 foot Riverfront Area. He explains the resource areas on the plans and the locations of the additions. He noted that the proposed renovations are to renovate the fa<;ade of the building. Blanchette states that they are also proposing to install pavers along the driveway as well as drainage improvements. Lang asks if there are any questions from the Commission. Lang asks if there is any Bordering Land Subject to Flooding. He also asked if they are increasing the impervious cover and if so by how much. Blanchette explains the plans and locates the areas that will be lawn areas and state there is no increase in impervious surfaces. Maxner suggests that the Commission visit the site. Lang opens the hearing up for public comment at this time. Representative ofHarborlight Montessori addresses the Commission and asks if there is an existing culvert under the driveway now. He states that he is concerned about the storage capacity and flow capacity of the culvert especially after the Mothers Day flood last year. He explains that there is a culvert under the railroad tracks as well. Blanchette explains there are no plans to change the culvert under the driveway. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 7-0. Old / New Business New: 234 Lothrop Street - Paul Tetrault - Unauthorized Tree Clearin2 in Buffer Zone to Stream Maxner reported that she got a call from a neighbor that there was tree clearing on the property at 234 Lothrop Street. She explains that the previous owner planned to build a garage and it got appealed, and now there are new owners. She explains that she met with them and explained their options. She notes that they are very willing to work with Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 11 of 16 the Commission. She explains that they wish to do further work including grading the area where the garage foundation was dug as it is sinking, landscaping and installing a storage shed. Cademartori suggests that they should file an RDA for the work that they want to do so that the Commission can formally review all proposed work. Lang agreed and noted that they should file an RDA and replant some trees. Discussions ensues among the members regarding mitigation for the tree clearing violations and recommend the following: '" The first 1 0 feet from the brook, running the entire width of your property boundary, shall be re-planted with no less than 6 native shrubs or other woody plant species (trees/bushes) (species from the list that I provided to you will be acceptable) additional plantings such as ground cover or other herbaceous plant material is encouraged; '" The proposed shed shall be located as far from the brook as possible to avoid encroachment into the 25-Foot No Disturb Zone as much as possible. Maxner states she will impart that to the owners. New: Beverly Municipal Airport - DEP File #5-841- ReQuest for Extension Maxner states that the Commission has received a request for an extension for the Beverly Airport Runway Extension project. She notes that they finished up the extension of runway 34 and they are going to do work on the taxiway re-alignment and runway 27. She states that they are requesting a two-year extension. She also notes that she has been out there several times and their engineers are managing the site very well. There being no further questions or comments regarding this matter, Paluzzi moves to grant a two year extension on the Order of Conditions for the Beverly Municipal Airport Runway Extension project. Reilly seconds the motion. The motion carries 7-0. New: L.P Henderson Road/ Cabot Street - DEP File #5-897 - ReQuest for Minor Modification Maxner informs the Commission that they have received a request for a minor modification asking for the deadline for wetland replication/restoration scheduled for June 1,2007 to be completed by November 30,2007. She notes that the reason for this second adjustment to the restoration deadline is due to the fact that New England Power needed to secure all the necessary permits that would allow the culvert to remain permanent. She explains that NEPCO received the last of their state and federal permits allowing the culvert to remain only a couple of weeks ago and therefore the restoration would not be completed in time for the June 1 deadline. She recommends that that modification be granted. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 12 of 16 There being no further questions or comments regarding this matter, Paluzzi moves to approve the minor modification for L.P Henderson Road/ Cabot Street - DEP File #5-897. Reilly seconds the motion. The motion carries 7-0. New: 76 Paine Avenue - DEP File #5-867 - ReQuest for Extension - Jack Swansbur2 Maxner informs the Commission that the applicant is requesting an extension for the house and seawall repairs. She explains that the applicant has informed her that the work on the seawall continues and he anticipates that the work will be completed soon and that the smaller stones are being removed and appropriate sized boulders are being placed per the plan. She also explains that they are continuing to fine-tune the work in the driveway and the grading around the house as well. Cademartori asks when the Order expires. Maxner states that it expires in January of 2008. Cademartori states he does not think that the Order can be extended till much later this year, in December perhaps. He states that he is concerned that the work on the seawall needs to be complete before the hurricane season. Lang agreed that is a good point and suggested that the Commission not grant the extension and ask for an as-built no later than September to make sure the seawall is stable for the winter months. Maxner notes that in speaking with the applicant he indicated to her that what Mr. Wadsworth did at the interface should be the finish part of the project. Maxner further notes that Dave Smith of Vine Associates said that this was a good solution. Cademartori states that he does not think that it is necessarily the connection between the two that matters as much as how the seawall was constructed. After some discussion the Commission members agree not to issue the extension, in the anticipation that a full request for Certificate of Compliance and an as-built plan for the entire project, including the seawall repair can be submitted for review in time for the September 11, 2007 meeting. Squibb states that he thinks that work on the seawall should be finished before the hurricane season begins and this is the best way to encourage Mr. Swansburg to complete it. Cademartori states that if he finds that he needs additional time to complete the work on the wall, he could then be able to request an extension to the Order in December. New: 33 Water Street - Beverlv Port Marine - DEP File #5-931 Maxner asks members if they had a chance to look over the information in the packet regarding Beverly Port Marina. She explains that the grading and the paving is ongoing and during work a portion of the seawall was discovered to be bowing out towards the harbor. She notes that a letter was submitted as well as a schematic that describes the proposed work to be done to fix it. She notes that the work is not very different from Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 13 of 16 what has already been done to sections of the wall in order to lay the drainage pipe segments. She explains that they have been taking tiers off for the drainage installation and resetting the concrete blocks. Cademartori states that this is a strange technique to stabilize the seawall and bank with piles and asked if the consultant is an engineer. Maxner states that she has been dealing with Jonathan Silver who is onsite everyday but is unsure as to whether he is an engineer. She also notes that North Shore Marine will be doing the work and notes that the work is fairly straightforward. Lang agrees and asks if the Commission has any further questions. There are none and the Commission agrees that no further documentation is required and work can proceed. Greenwood Avenue Maxner informs the Commission that the Engineering Department found that a portion of the septic system was to be in the right of way and had the applicant move it to the easterly side of the house, which is out of the buffer zone. Hayes notes that it appears that there is less of an impact than the original plan. Cademartori expresses his concern that changes can be made to a plan after it is approved and not on the Commission's suggestion as was made during the public hearing process but at the Engineering Department's request, but agrees that it results in less impact to the buffer zone. Maxner asks if the applicant needs to come to the Commission for a Minor Modification request. Members agree that this change is not significant and moves work out of the Commission's jurisdiction and agree that no further documentation is needed. Cademartori reminds Maxner to obtain a full sized plan with this change for the file. 11 Cole Street Maxner states that she spoke with the homeowner at 11 Cole Street who would like to grade the rear of the his yard and build a retaining wall immediately adjacent to the wetland. She states that she advised the owner that the Commission rarely gives approval for this type of project especially within the 25-Foot No Disturbance Zone, but he would like to know his options. She requests that the Commission visit the site to advise the applicant on his request to raise the grade of his lawn and build a retaining wall next to a wetland. Hayes states that he is not inclined to visit the site, as the project is not compliant with the 25-Foot No Disturb Zone and the owner should have been aware of the jurisdictional issues on this property before purchasing it. Lang agrees and suggests that the applicant obtain a wetland specialist to advise him, but that he feels it is inappropriate to put the Commission on the spot during a site inspection. He states that the owner should either take Maxner's advice or apply with a formal application if he insists on pursuing the project. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 14 of 16 9 Cole Street Maxner states she was going to inquire with the Commission as to whether they would be willing to visit 9 Cole Street if they went to 11 Cole Street as the owner of # 9 is planning to do an addition and a rear deck and driveway improvements. She states that she isn't sure if the owner completely understands her explanation of the Commission's procedures as he speaks broken English. Lang recommends that Maxner provide a list of engineering and consultants to the owner and inform him that the Commission encourages him to secure the services of a professional to guide him through the permitting process. Squibb agrees and asks if Maxner has a list of wetland scientists to give to the owner. Maxner states she does. 71 Brimbal Avenue Maxner recalls the Commission issued and amended Enforcement Order for 71 Brimbal Avenue that gave a deadline of June 1, 2007 for all violations to be corrected and imposed fines of $200.00 per day for non-compliance thereafter. Maxner expresses her frustration at not being able to locate the owners of the property at and notes that she has been to the site several times but no one answers the door or there is no one home. She explains that the owners are delinquent on their water bills. She notes that the fines are now at $3,600.00. Lang states that he thinks the fines are getting high and has little hope to obtain compliance considering the owner's track record, and suggests that the Commission cease the fines until such time as the applicant is located or a new owner takes control of the property. He also suggests that if the EO can be filed at the Registry of Deeds as a lien, and if the owner tries to sell the property they will have to pay the fines before they can do so. Squibb asks if the Commission can cease fining. Maxner states if the Commission can vote to start fining she sees no reason the Commission cannot stop the fines. Squibb asks if recording the EO is legal and wonders if the City Solicitor can be consulted on this before it is taken to the Registry. Cademartori states he thinks recording EO's have been done in other communities and agrees that there isn't much point in continuing fines that may never be collected, but that $3,600 is enough of a penalty to make them think twice especially if it can be recorded at the Registry. Paluzzi moves to cease issuing the fines for 71 Brimbal Avenue, and, pending approval of the City Solicitor, to record the Enforcement Order at the Registry. Hayes seconds the motion. The motion carries 7-0. Endicott Colle2e - Arts & Desi2n Buildin2. DEP File #5-952 Maxner informs the Commission that she has received notification from the College that there is a problem with the building footprint and in the proposed location it will be too Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 15 of 16 close to the dorms and it will need to be rotated further into the Buffer Zone of the pond. She asks the Commission for guidance on the matter. Hayes states that he would like to see them file an Amendment to the plan to send a signal that they should look at these issues before getting a plan approved. Cademartori agrees that this should have been recognized before the applicant came before the Commission and the engineer should have caught this discrepancy. Hayes moves to have Endicott College file an amendment. Reilly seconds the motion. The motion fails. Paluzzi moves to have Endicott College file a minor modification for the plan. Johnson seconds the motion. The motion carries 5-2 with Hayes and Reilly opposed. Approval of Expenses Maxner presented the following expenditures for review and approval: '" $346.00 for the Massachusetts Association of Conservation Commissions, which includes staff membership; '" $100.00 for the Trustees of Reservations Membership, renewing at the same level as last year; '" $1,080.68 for Atty. George Hall's latest invoice for his continued counsel on the Manor Homes at Whitehall litigation Paluzzi moves to approve the expenses as presented. Hayes seconds the motion. The motion carries 7-0. Orders of Conditions 8 Curtis Point Lang suggests Standard Conditions. Cademartori states that the findings should reflect that the Coastal Bank and LSCSF and associated buffer zone are not affirmed or approved by this Order. Paluzzi moves to approve the Order of Conditions for 8 Curtis Point. Hayes seconds the motion. The motion carries 7-0. 265 Essex Street - Care One LLC Johnson moves to approve Standard Conditions for 265 Essex Street. Paluzzi seconds the motion. Motion carries 7-0. Beverly Conservation Commission Meeting Minutes - June 19, 2007 Page 16 of 16 Approval of Minutes The minutes of the meeting of February 20,2007 were presented for approval. Johnson moves to approve as amended. Paluzzi seconds the motion. The motion carries 6-0-1 with Lang abstaining. The minutes of the meeting of March 6,2007 were presented for approval. Johnson moves to approve as amended. Reilly seconds the motion. The motion carries 5-0-2 with Paluzzi and Cademartori abstaining. Re2ulations Subcommittee Update Maxner reported that the subcommittee met once and they have several good ideas and suggestions. She notes that they will be meeting again soon. Cademartori suggests that they look at other communities that have fee structures that charge per square foot of disturbance in the Buffer Zone. Hayes notes that was a topic of discussion at the subcommittee meeting and thinks this should be fully explored. Members agree. Site Visits The Commission schedules a site visit for Tuesday evening June 26, 2007 at 6:00 p.m. at the Beverly High School and meet at the tennis courts. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 7-0. The meeting adjourns at 10:05 p.m.