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2007-07-10 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 10, 2007 Conservation Commission Vice Chair Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Gregg Cademartori and Bill Squibb Members Absent: David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. Certificate of Compliance Cont: 17 Cole Street - DEP File # 5-809 - Andrew Neumann Maxner recalls that the Commission had continued this matter for several months until the exposed soil has been stabilized with growing grass and to ensure that the four iron stakes are installed and visible in the field to demarcate the 25-Foot No Disturb Zone. She states that she visited the site today and the grass is stable and the iron rods are visible. She also notes that the owners would like to plant some native species in the 25 foot NDZ. She explains what they propose to plant and notes that the area is presently grass. Members agree to allow the plantings within the NDZ as long as the species are native. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance with standard perpetual conditions 46-49. Hayes seconds the motion. The motion carries 6-0. Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden Maxner recalls the Commission requested additional information from the applicant relative to compensatory flood storage, the planting strip and the catch basin and she has not heard from the applicants' consultant in that regard. She recommends continuing the matter to the August meeting. Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 2 017 There being no further questions or comments regarding this matter, Johnson moves to continue the matter to the August meeting. Hayes seconds the motion. The motion carries 6-0. Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas Maxner notes that Mr. Kalivas presented a planting plan at the last meeting and apparently there was some confusion as to what the Commission requested. She explains that Mr. Kalivas thought that the Commission was requiring additional ground cover plantings. She states that she was under the impression that the Commission asked them to remove half of the mulch and replant the area. Discussion ensues regarding the required mitigation for incursion into the 25' NDZ with the pool patio and equipment, and members agree on the following requirements as discussed at the site inspection: '" 1 Red Maple within wetland '" 4-6 High Bush Blueberry within mulched area '" 1 Native wetland tolerant tree specie within the mulched area '" Remove 1Iz of the mulch starting from the edge of the fence lawn-ward, and replant the area sparsely with native wetland tolerant ground cover in a random arrangement to help spur re-growth of natural vegetation within this swath parallel to the wetland Maxner states she will place these directives in writing and forward to the applicants. There being no further questions or comments on this matter, Johnson moves to continue the matter to the August meeting. Hayes seconds the motion. The motion carries 6-0. Cont: 245 Dod2e Street - DEP File #5-801 - Henry and Donna Bertolon Maxner explains that the Order was issued April of 2004 and governed the reconstruction of an in-ground pool, spa, patio, walkways and portion of building addition within the Buffer Zone to BVW at the bank of Norwood Pond. She explains that two NOI's were submitted, but the latter governed all of the work proposed. She also notes that she requested additional information relative to the landscaping within the Buffer Zone. A representative from Griffin Associates reviews the landscaping plan with the Commission. He explains that there are 61 missing plants from the approved plan, 31 of which were in the Buffer Zone. He explains to compensate for these missing plants and they are proposing 40 additional plants such as hummingbird, winterberries, inkberries, summer sweet immediately adjacent to the pond. Cademartori asks why plantings were required and what exists in the 25' NDZ now. Maxner notes that there were four trees on the slope of the buffer zone that were removed Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 3 017 and mitigation was offered by the extensive landscaping plan, she notes that the area next to the pond is vegetated with some tall trees, high bush blueberry bushes and grasses. Hayes states that it strikes him that that the applicant should have known that if they were going to deviate from the approved plan that they should come to the Commission before they do the work. Maxner states that she feels that what is before the Commission now is a lot better than what was originally approved. Hayes suggests that the Commission approve this plan and wait until the plantings are installed before issuing a Certificate of Compliance. There being no further questions or comments regarding this matter, Johnson moves to approve the planting plan and delay issuing the Certificate until the plants are installed. Hayes seconds the motion. The motion carries 6-0. Maxner announces to the public that the Notice ofIntent regarding Sam Fonzo Drive is going to be continued to the next meeting on July 31, 2007 and no discussion will take place tonight. ReQuest for Determination of Applicability New: 19 Bayview Avenue - Geraldine Cathcart - Replace Three Concrete Steps Maxner reads legal notice. Ms. Cathcart explains that the she is proposing to replace three concrete steps that have been damaged and washed away by the April storm. She notes that they are replacing the same size and they may reinforce the sides a little bit with thicker rebars. Maxner asks if there is a period of time during the tide cycle that the steps are not in the water. Ms. Cathcart states yes and explains that they are underwater at mid to high tide. Paluzzi asks if they plan to move the rock by hand. Ms. Cathcart explains that no heavy machinery will be used, and work will be accomplished manually. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative # 2 Determination. Hayes seconds the motion. The motion carries 6-0. New: 11 Ouincy Park - Patricia Brandes - Install Fence Alon2 Seawall and Side Property Lines Maxner reads legal notice. Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 4017 Patricia Brandes addresses the Commission and explains that she is proposing to install a fence along the seawall and perimeter of her property on the bank, which is the top of the coastal bank and also the top of the seawall. She notes that the fence will be installed immediately adjacent to the seawall in the grassy area, and the fence will be a 3-foot high wrought iron fence and explains the dimensions. Paluzzi asks if they are cementing the fence posts. Brandes states that she assumes the fence company will secure the posts in concrete footings. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative # 2 and # 3 Determination. Hayes seconds the motion. The motion carries 3 -0. Recess for Public Hearin2s Johnson moves to recess for public hearings at this time. Hayes seconds the motion. The motion carries 6-0. Abbreviated Notice of Resource Area Delineation Cont: 100 Sohier Road - Map 42 - Lot 144 - Delineate Wetland Resource Area- City of Beverlv Kevin Danahy of Meridian Associates addresses the Commission and notes that the Commission visited the site last week and is happy to address any questions the Commission may have. Hayes notes that the stream shows evidence of being perennial. Cademartori agrees. Cademartori asks if this determination as an intermittent stream was based on the USGS map. Danahy explains that it was and the estimated watershed area is 7/1 Oths of a square mile. Squibb notes that someone pointed out that there will be changes in drainage in the upper watershed and questions if this will change the characteristic of the stream and if this should be taken into account now. Cademartori states the application is to determine the nature of the resource as it exists at this point in time. Hayes suggests that the Commission approve the delineation but determine that it is a perennial stream. Cademartori states that the Commission should request supporting documentation to make that determination, and review it at the next meeting. He suggests that the watershed be delineated accompanied by a surficial geology description. Members agree and request that a revised plan depicting the 200-Foot Riverfront be submitted as well. Danahy agrees. Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 5 017 Paluzzi opens the hearing up for public comment at this time. Joan Murphy, Longmeadow Road, addresses the Commission and states that there is a plan for North Beverly and dividing the water up and it is her understanding the that the volume would be the same. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to July 31, 2007. Hayes seconds the motion. The motion carries 6-0. New: Hillcrest RoadlBeverly Hills Avenue - Anthony Lawrence - Construct Sin2le Family Home. Roadway. Utilities. Gradin2 and Landscapin2 Maxner reads legal notice. Maxner informs the Commission that the applicant's representative is not present at this time as they had another meeting in another community earlier this evening but they may arrive later in the meeting. One of the abutters present at the meeting requested that the Commission review the plans this evening. Cademartori requests that Maxner see if there are any zoning or planning board approvals required for this project. Hayes explains that the Commission typically schedules a site visit and suggests that the Commission do so now. Paluzzi agrees and suggests that the Commission visit the site on July 17, 2007 at 7:00 p.m. It is suggested that the Commission meet on the Danvers. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to July 31, 2007. Johnson seconds the motion. The motion carries 6-0. The applicant arrived at the meeting at Maxner informed him the public hearing was opened and a site visit was scheduled for July 17, 2007 and the Commission would be taking up the matter again on July 31, 2007. Old / New Business New: 400 Hale Street - DEP File #5-956 - Minor Modification - Endicott Colle2e Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 6017 Joe Orzel of Gulf of Maine Research Inc. addresses the Commission and explains the proposed changes to the plans. He explains that during the finalization of the plans it was discovered that the building would be too close to the dormitory. He also explains that they have rotated the building slightly and the result is that the footprint of the building is a little further into the buffer zone. He also explains that the stairs on the west side have been reduced in size. Orzel presents a letter from Hancock Survey regarding the change in impervious surface due to these changes. He also notes that the project is still outside of the NDZ. Maxner notes that the plans show a bit of a change in the drainage system on the North West side of the building. Bill Vitkosky, Project Manager for Endicott, addresses the Commission and explains that they realized an elevation difference of3-4 feet so they created a swale and explains the plan. Paluzzi asks if there is any public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Johnson moves to approve the minor modification for DEP File #5-956 - Minor Modification - Endicott College. Seconded by Hayes. Motion carries 6-0. New: 147-175 West Street - Minor Modification - DEP File # 5-880 Maxner informs the Commission that the applicant is proposing to extend the gas line to the end of the street. She notes that they will be working within the existing paved right of way and erosion control measures are already in place for the sewer work that was performed last year. Maxner notes that the line will be extended two houses past the applicant. Hayes asks if the other people at the other end have an interest in connecting. Preston Bradford, neighborhood representative, states that he understands that they have no interest in connecting at this time. There being no further questions or comments regarding this matter, Johnson moves to approve the minor modification for DEP File #5-880- Minor Modification 147-175 West Street. Seconded by Hayes. Motion carries 6-0. Approval of Minutes The minutes of the Meeting of April 5, 2007 were presented for approval. Johnson moves approval as amended. Hayes seconds the motion. Squibb abstains. The motion carries 5-0-1. The minutes of the Meeting of May 1, 2007 were presented for approval. Beverly Conservation Commission MeetingMinutes-July 10,2007 Page 7017 Johnson moves approval as amended. Hayes seconds the motion. Cademartori abstains. The motion carries 5-0-1. Approval of Expenses The Commission considered the following expenses for approval: '" $110.00 to Amy Maxner for mileage reimbursement December 2006-June 2007 - 550 miles related to Conservation Commission business. Johnson moves to approve. Hayes seconds the motion. The motion carries 6-0. '" $75.00 to Amy Maxner for reimbursement of the Recording Fee for 71 Brimbal Avenue Enforcement Order - Maxner paid by personal check. Johnson moves to approve. Hayes seconds the motion. The motion carries 6-0. '" $920.00 to George Hall for latest invoice for his ongoing counsel regarding the Manor Homes at Whitehall litigation. Johnson moves to approve. Reilly seconds the motion. Hayes abstains. The motion carries 5-0-1. Re2ulations Subcommittee Update Hayes reports that the regulation subcommittee will meet on July 17, 2007 following the scheduled site visit to Hillcrest/Beverly Hills Drive. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 6-0. The meeting adjourns at 8:30 p.m.