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2007-07-31 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 31, 2007 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Tony Paluzzi, Gregg Cademartori and Bill Squibb Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. Certificate of Compliance Cont: 23 Oak Street - DEP File # 5-876 - Ledvard McFadden Maxner reminds the Commission that it requested additional information from the applicant relative to compensatory flood storage, planting strip along the stream and the yard catch basin but she has not heard from the applicant's consultant in that regard. She recommends continuing the matter to the August 21 st meeting. Paluzzi moves to continue to the August 21,2007 meeting. Johnson seconds the motion. The motion carries 7-0. Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas Maxner informs the Commission that she has sent the applicant a letter informing them of the concerns of the Commission that the 25-Foot NDZ was not respected. Lang suggests that the Commission continue the matter to the meeting on August 21, 2007 and that the applicant either comply with the directives in the letter or come to a meeting and discuss it with the Commission. Paluzzi moves to continue the matter to the August 21 8t meeting. Hayes seconds the motion. The motion carries 7-0. Cont: 245 Dod2e Street - DEP File #5-801 & #5-836 - Henry and Donna Bertolon Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 2 of 12 Maxner explains that at a representative of Griffin Engineering made a presentation at the last meeting and the Commission tabled the approval of the Certificate of Compliance so that the applicant could install the required plantings and she would inspect the site prior to the issuance of the Certificate of Compliance. She has not heard from the applicants in this regard and recommends that the Commission continue the matter until the August 21, 2007 meeting. Paluzzi moves to continue the matter to August 21, 2007. Hayes seconds the motion. The motion carries 7-0. New: 38 Lexin2ton Drive - DEP File # 5-938 - Ma2ee Construction Company Inc. Maxner reports that the Order governed the re-building of a fire damaged house within the same foot print, driveway reconfiguration and buffer zone plantings. She also notes that the applicant is requesting a waiver from as built plans and P.E. certification as the house was within the same footprint. She also notes that a certified plot plan was submitted to the building inspector and that has all of the information required except for the P.E. certification. She also reports that she did a site inspection and the site is in compliance. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 38 Lexington Drive. Reilly seconds the motion. The motion carries 7-0. ReQuest for Determination New: 68 Paine Avenue - Cut and Maintain Nuisance Ve2etation - Chris Vellonis Maxner reads legal notice. Chris Ve10nis addresses the Commission and explains that he is proposing to cut and attempt to manage phragmites within the wetland and buffer zone. He explains that it is approximately 22,000 s.f. of stocks at a density of 41-50 per s.f. He notes that it has been growing since 1970 and there is a build up of material beneath it. Ve10nis notes that he had John Dick of Hancock Environmental look at it and he recommends that he cut it down and remove the dead stalks. He also notes that Dick thinks the area is a floodplain and explains the site. Ve10nis states that he would like to cut it into a maze for his kids to play in but before he does that he needs to determine if the area is a wetland or not. Lang asks if they have done any soil samples. Ve10nis states that John Dick didn't think that was necessary, as the area has experienced historic filling, but John Dick will be present at a site inspection if the Commission wishes. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 3 of 12 Maxner clarifies that they are going to cut it in the winter and allow it to grow back in the summer, and then cut it into a maze. She also suggests that the Commission schedule a site visit. Lang agrees and suggests that the Commission visit the site on Monday, August 20, 2007 at 7:00 p.m. and continue the matter to August 21,2007. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to August 21, 2007, pending a site visit on August 20, 2007. Paluzzi seconds the motion. The motion carries 7-0. New: 234 Lothrop Street - Removal of Trees. Installation of 9' x 12' shed - Paul Tetrault Maxner reads legal notice. Maxner recalls that the owner had removed trees from the site within the buffer zone to the stream within the 25' NDZ, and members of the Commission decided that he should file a formal application for the additional work that he plans to do in his back yard. She explains that the applicant is proposing to replant native shrubs adjacent to the stream channel as mitigation for the tree removal and install a shed as well as to fix the sinkholes in the backyard and reseed the yard. Tetrault addresses the Commission and explains the plans. Lang asks what is there now. Maxner describes the area, which is mostly lawn with the exception of the area where the hole for the garage has been filled back in November and was replanted with grass. Hayes asks if the shed will be on a foundation or a slab. Tetrault explains that he was thinking of using cement blocks but is willing to go with whatever the Commission wants. Paluzzi asks if the tree stumps will be removed from the site. Tetrault explains that he plans on grinding the stumps. Maxner states that she is not sure if the plan that was submitted shows the correct configuration of the brook, it is straighter in the field than what is shown on the plan. Lang asks if there is anyone present who wishes to comment on this matter. There is no one present who wishes to comment on the matter. Maxner asks if they plan on tilling the whole yard or just the area that needs attention. Tetrault states that they will be tilling whatever is necessary to make a smooth lawn. Lang suggests that hay bales should be installed so that exposed soil does not erode into the brook. Tetrault agrees to install erosion control. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 4 of 12 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 that the Commission recess for public hearings at this time. Johnson seconds the motion. The motion carries 7-0. Abbreviated Notice of Resource Area Delineation Cont. 100 Sohier Road - Map 42 - Lot 144 - Delineate Wetland Resource Area- City of Beverly - Beverly Hi2h School Kevin Danahy of Meridian Associates addresses the Commission and explains that they have submitted revised plans with additional documentation as to the determination that there is a perennial stream on the site as the result of observations made during the site visit held by the Commission. He reviews the revised plans and material supporting the perennial finding with the Commission. Lang opens the hearing up for public comment at this time. Rene Mary addresses the Commission and asks for an explanation of what led to the change. Danahy reviews the findings that resulted from the site visit. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson 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 a meeting was held with City officials to discuss the issues of flooding in the area and future development. He reviews the items that his client agreed to do regarding drainage on the site. '" Clean brook of debris with an excavator if need be; '" Cut trees in accordance with FAA regulations; '" Plant arborvitaes at the toe of the wall; '" Show a detail of the stack masonry wall; '" Extend the detention basin and rerun the hydrology calculations; '" Agree to change the single grate catch basins in the corner of the site to double catch basins. Ogren notes that these changes have been made to the plans. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 5 of 12 Lang opens the hearing up to public comment at this time. Heather Pothier of 57 Trask Road addresses the Commission and asks if noise conservation has been addressed in this plan. Lang notes that it would be a Planning Board issue and they will address that during their site plan review process. Resident of 50 Trask Street addresses the Commission and states that she was under the impression that they would be required to plant more mature trees and expresses concern about the proposed arborvitae. Ogren states that arborvitae grows fast and explains that they will be 3-4 feet tall when planted. Reilly asks if they would be willing to plant taller trees noting that she planted arborvitae on her property and they have not grown very quickly. Ogren explains that in his experience they grow fast under the right conditions, noting that they come in different sizes. Pam Kampersal of 241 Dodge Street addresses the Commission and refers to a letter from Maxner to City Planner Tina Cassidy regarding a Superseding Order of Conditions for the road. She notes that the Army Corp of Engineers prohibits future filling of wetlands on any site within this roadway layout. Ogren explains that the Order was issued to the City of Beverly and this property was not included in that. He explains the history of Sam Fonzo Drive, noting that this project is not proposing to fill any wetland. Lang states that he does not think that the intent of that restriction was to stop construction on this site but to prohibit additional filling of wetland resource area in development of these lots. Kampersal notes that there is a sliver of City owned land that serves as frontage for Mr. Vitale's site but he does not think this has been properly released by the City Council. Renee Mary questions how the Commission can approve something that involves land that was City owned and never declared surplus by the City Council. Squibb questions if the sliver of city land makes this a buildable lot and if the City has not followed through on the process, how this could be considered a buildable lot. Lang suggests that the Commission close the hearing and if there needs to be further release of this land the Council can do that. He explains that the Commission is making a decision on the wetlands issues and other legal issues have to be dealt with by other city departments. Pam Kampersal states her concerns about fly ash on the site and questions why they are not subject to the same conditions that the Vitale site was. Renee Mary asks how close together the trees will be planted. Ogren states that they will be four feet on center. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 6 of 12 Cademartori questions if they are planting the area below the wall and bringing in soil. Ogren states that there is fly ash there now and they plan to dig out and put new soil down and replant the area. Cademartori asks if they are capping just inside the walls. Ogren states that they are capping to insure that people don't dig or come in contact with any material. Renee Mary asks how far down the fly ash goes. Ogren explains that testing shows that it goes to bedrock, noting that he does not feel that the fly ash will poison vegetation. Linda Briggs Of 54 Trask Street addresses the Commission and questions how tall the arborvitae will be. Ogren estimates that it should be 18-22 feet high when it grows. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. Squibb and Cademartori abstain. The motion carries 5-0-2. Cont: Hillcrest Drive/Beverly Hills Avenue - Anthony Lawrence - Construct Sin2le Family Home. Roadway. Utilities. Gradin2 and Landscapin2 Maxner reminds the Commission that a site inspection was conducted on Tuesday, July 17, 2007 at which time the Commission requested additional information and suggested plan revisions. She explains that the applicants engineer has been on vacation and has not submitted the requested information and recommends that the matter be continued to the next meeting on August 21, 2007. Paluzzi moves to continue the public hearing to August 21,2007. Johnson seconds the motion. The motion carries 7-0. New: 54.58.60.62 Dunham Road - Utility Installation - John Maestranzi Maxner reads legal notice. Bill Manuell addresses the Commission and explains that his client is proposing to extend the sewer and water service eastward within Dunham Road and behind Maestranzi Brothers store. He notes that most of the work within the Commission's jurisdiction will be within the paved street, with the exception of a portion of the sewer pipe and pumping station. He notes that a very short section of the sewer pipe is within the 25' NDZ and the pump station is on the very limit of the NDZ. He explains the plans and the location of the pipe and the pump station. Manuell explains that the manhole for the pipe is 96' from the resource and there are four flags in the field. He also notes that they are proposing a new manhole at the tie in to the existing sewer and explains the location on the plan. He also explains that they will saw cut the pavement, excavate, install the equipment and back fill the area. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 7 of 12 Manuell notes that the work area will be confined to what can be done in a single day. Lang suggests that the cover the stockpiles during the day in case of an untimely deluge of rain. Manuell states that they would fine a condition regarding that. Lang asks when the work will be done. Manual states that they want to start as soon as the Music Theater season ends, noting that they hope to do the work in January of February. Cademartori asks if there is a catch basin on the opposite side of the street. Manual states that they have not identified if there is one there or not. He also notes that if there is one they would protect it with hay bales and would accept a condition regarding that as well. Cademartori notes that the road curves at the intersection with a change in topography and suggests that they reconfigure the hay bale line by extending it west. Lang opens the hearing up for public comment at this time. Pam Kampersal addresses the Commission and expresses her concern about the Bordering Vegetated Wetland, and notes that there should be zero degradation to the wetland. Manuell explains the measures planned to protect the wetlands. Kampersal also notes that there are vernal pools in the area. Manuell states that they are aware of the vernal pools but this project will have no impact on them. Kampersal notes that no Certificate of Compliance has been issued on the landfill site and questions if additional work can be done on the site without it. Lang states that the projects are unrelated. There being no further questions or comments regarding this matter, Hayes moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. New: 44 Pickman Road - Rehabilitate Stone Wall- Restore Eroded Bankin2- Harold Kaplan Maxner reads legal notice. David Smith of Vine Associates addresses the Commission and explains that his client is proposing to repair his seawall damaged by the Nor' Easter this past April as well as repair the eroding portion of the natural coastal bank. He explains that they propose to remove the existing broken and damaged cap and re-pour it on top of the wall and explains the process. He notes that they will be excavating behind the wall and installing a filter fabric with weep holes to improve the drainage. He also notes that they will be bringing in additional fill and re-vegetate the eroded coastal bank. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 8 of 12 Smith notes that excavating material will be brought in via the footpath on the west side of the property and explains the location on the plan. He notes that they plan on using a small bobcat and pump the cement in from the trucks. Smith also notes that they are asking for a waiver from the 25' NDZ. Cademartori asks if they have given any consideration to future storms and suggests that they consider sloping at the base and create a tiered wall as DEP has been pushing for lately. Smith states that they will take a look at that but the probable preference is to replace what exists. Lang asks if the roadway is in the resource area. Smith states that it is just above the coastal bank. Cademartori asks if the second Coastal Bank has been delineated at the upper edge of the hedge due to the elevation of the floodplain. Smith states he will look at this area. Cademartori asks if a Chapter 91 License will be required. Smith states he does not think so as work is above MHW. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Lang suggests that the Commission hold a site visit. The Commission will visit the site on August 20, 2007 at 6:30 p.m. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to August 21, 2007. Reilly seconds the motion. The motion carries. Old / New Business New: 3 Pil2rim Hei2hts - ReQuest to Trim Trees within the Riverfront Area- Kevin Churchill Maxner explains that the applicant is proposing to trim several trees on the property, a few of which are immediately adjacent to the house and are posing an insurance liability. She notes that the remaining trees are near the rear of the property and he wishes to establish a view window to the river. She also notes that some of the trees are in various stages of deterioration. She also notes that one of the trees is dead. Lang suggests that they should be allowed to cut down the tree that is dead and trim the trees around the house. Paluzzi states that he would like to see a plan for vista pruning. Lang agrees and suggests that Maxner be on site while the trees are being trimmed to guide what can and cannot be cut. Members agree. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 9 of 12 5 Holdin2 Street - ReQuest for One Year Extension of Order of Conditions Orders of Conditions - Victor Capozzi Maxner informs the Commission that the applicant is requesting a one-year extension of the order of conditions. She explains that they need to finish the access road and further notes that she visited the site and it is in compliance. Lang suggests that the Commission grant the one-year extension but note that this will be the final extension of the Order. There being no further questions or comments regarding this matter, Paluzzi moves to grant a final one-year extension of the Order of Conditions for 5 Holding Street. Hayes seconds the motion. The motion carries 7-0. 114 Standley Street - Jean Earle Maxner informs the Commission that the owner is proposing some landscaping activities within the Buffer Zone to BVW. She explains that the landscaper has submitted a proposal and she is unsure if it should be an RDA or an NO!. Members discuss the project and inquire if work is within the 25' NDZ. Maxner states yes, there will be planting of wetland plants and tilling and re-seeding the lawn. Commission members agree that the applicant must submit a Notice of Intent. 35 Crescent Avenue - Construction of Float Maxner informs the Commission that she received a call from an abutter to 35 Crescent Avenue who reported that the owner is building a new float, apparently to replace the existing dilapidated float. The Commission advises Maxner to write a letter to the owner advising him that he must file with the Commission and the DEP for Chapter 91 if the new float is not the same exact size and dimension as the old. 62 South Terrace. DEP File #5-894 - Potential Non-Compliance with Order Maxner reports that she has been out to 62 South Terrace in response to an abutter's complaint that her bank has eroded significantly since the owner started doing work on the site. She explains that she noticed a potential violation when she visited the site regarding a poured concrete patio beyond the footprint of the approved foundation. She notes that the Commission denied any further structures beyond the house foundation. She also explains that she has before and after photos of the site and is having a hard time discerning the difference in the erosion patterns. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 10 of 12 Hayes moves that the Commission issue an enforcement letter to the owner directing him to appear at the August 21 8t meeting and provide an interim plot plan, certified by a Professional Engineer or Land Surveyor depicting the house foundation and any appurtenant structures attached thereto as they exist currently. Paluzzi states he would like additional information relative to the proposed natural stone rip-rap at the toe of slope and on the undercut bank. Johnson seconds the motion. The motion carries 7-0. Approval of Minutes The minutes of the executive session held on May 22, 2007 were presented for approval. Paluzzi moves approval as amended. Johnson seconds the motion. Hayes, Cademartori and Squibb abstain. The motion carries 4-0-3. The minutes of the regular meeting of May 22,2007 were presented for approval. Paluzzi moves approval as amended. Johnson seconds the motion. Cademartori and Squibb abstain. The motion carries 5-0-2. The minutes of the meeting of June 19, 2007 were presented for approval. Johnson moves approval as amended. Paluzzi seconds the motion. The motion carries 7- O. Orders of Conditions Sam Fonzo Drive/Trask Street - Construct Buildin2: with Associated Gradin2:. Utilities. Parkin2: Area and Stormwater Mana2:ement Facilities - C Ronald Vitale Paluzzi suggests standard conditions as well as special conditions. Discussion ensues regarding the following special conditions: 1. All revisions detailed in the letter signed by Peter 1. Ogren, dated July 26, 2007 are incorporated herein and shall be made a part of the approved Order of Conditions. 2. Prior to any work commencing on the subject site, the applicant shall perform work related to brook-cleaning activities as cited in the July 26, 2007 letter. 3. The applicant shall install the tallest specie of Arborvitaes bushes and they shall be at least 5 feet tall at the time of planting. 4. The applicant shall install 20 Red Maple trees of at least 2-inch caliper at 20-foot centers within the 25-Foot No Disturbance Zone; installation of these trees shall be prior to the construction of the vertical retaining wall. 5. Up to 2 feet of clean loam shall be allowed within the 25-Foot No Disturbance Zone for plant propagation. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 11 of 12 6. The edge of clean loam fill within the 25-Foot No Disturbance Zone shall reach a gentle grade at its terminus and shall terminate no closer than 5 feet from the wetland edge. 7. The entire 25-Foot No Disturbance Zone shall be broadcast with a conservation grade wetland seed mix applied per the manufacturers recommendations. Paluzzi moves to issue standard conditions with special conditions as just discussed. Johnson seconds the motion. Cademartori and Squibb abstain. The motion carries 5-02. 54.58.60.62 Dunham Road - Utility Installation - John Maestranzi Paluzzi suggests standard conditions for the project with special conditions as follows: 1. Hay bales and silt fencing located at the E-Series Wetland shall be extended approximately 60 feet to the west up to contour elevation 78 to ensure proper protection of the wetland. 2. Any excavated material to be stockpiled shall be protected with erosion control. 3. Contractor shall be mindful of the weather forecast and shall take appropriate precautions to avoid unnecessary dewatering and to protect the wetland from sedimentation or cease work until weather allows work in drier conditions. Johnson moves to approve the Conditions as discussed. Hayes seconds the motion. The motion carries 7-0. Approval of Expenses The Commission considered the following expenses for approval: $920.00 to George Hall for latest invoice for his ongoing counsel regarding the Manor Homes at Whitehall litigation. Johnson moves to approve payment of $920.00 to George Hall for latest invoice. Paluzzi seconds the motion. The motion carries 7-0. Purchase of updated MACC Handbooks Maxner informs the Commission that the MACC Handbook has copy rights and cannot be duplicated. She notes that the Commission would have to purchase them from the MACC. Paluzzi moves to instruct Maxner to purchase 7 copes of the MACC Handbook for the use by the Commission members. Johnson seconds the motion. The motion carries 7-0. Beverly Conservation Commission Meeting Minutes - July 31, 2007 Page 12 of 12 Adjournment Lang states that the Commission will be recessing into executive session after adjourning the regular meeting and not returning to regular session. There being no further business to come before the Commission this evening, Johnson moves to adjourn the regular meeting. Cademartori seconds the motion. The motion carries 7-0. The regular meeting adjourns at 9:30 p.m. Hayes excuses himself from the meeting and leaves for the evening.