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2007-08-21 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present August 21,2007 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Tony Paluzzi, and Bill Squibb Members Absent: Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco - By Tape 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 John Dick, Hancock Associates, states that the applicant will have the material requested by the Commission submitted in time for the September 11, 2007 meeting. Paluzzi moves to continue this item to the September 11th meeting. Seconded by Squibb. Motion carries 6-0. Cont: 8 Wentworth Drive - DEP File #5-832 - Hollv and Steven Kalivas Maxner states that she has conducted a final site inspection and has taken photos of the site for members to review. She states that the applicant has met with the Commission's requirements. She states that she explained to Ms. Kalivas while on site that the planted area within the first 5-6 feet of the fence should be left as natural as possible to encourage growth of under story and other indigenous herbaceous plants. There being no further questions or comments, Johnson moves to issue a Certificate of Compliance with Standard Perpetual Conditions #42-44 & 49. Seconded by Paluzzi. The motion carries 6-0. 245 Dod2e Street - DEP File #5-801 and DEP File # 5-836 - Henry and Donna Bertolon Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 2 of 12 Maxner noted that the applicant proposed to install additional plantings in the NDZ and she has yet to hear from the applicant in that regard and suggests that the Commission continue the matter to the next meeting. Paluzzi moves to continue the matter to September 11, 2007. Hayes seconds the motion. The motion carries 6-0. New: 36 Cliff Street - DEP File # 5-853 - Richard Ga2ne Maxner notes that the Commission issued an Order of Conditions for two pilings and a float at 36 Cliff Street. She notes that she visited the site today and that everything has been installed per the plan except for one of the terminal floats. She explains that Mr. Gagne has not installed it yet but has approval from Chapter 91 for it. She also notes that all other conditions have been met. Gagne states that he plans on installing the final float once he is able to do so financially. Paluzzi moves to issue a Certificate of Compliance. Johnson seconds the motion. The motion carries 6-0. ReQuest for Determination Cont: 68 Paine Avenue - Cut and Maintain Nuisance Ve2etation - Chris Velonis Chris Ve10nis addresses the Commission and explains that he requested permission to cut phragmite on his property. He notes that the Commission visited the site yesterday and noted that Dr. Johnson requested more detail maps as the result of the site visit. He distributed copies to the members and explains the details of the maps to the Commission. He explains that during storm surges the area retains a lot of water and notes the area on the plan. He also notes that Mr. Lang requested borings be done and he did that and found beach sand two feet down with a layer of organic material and about 1 foot of fill on top of the sand. Lang asks if they would characterize the soils as wetland soils. John Dick states that he would not as this area is tidally influenced and there is a good 12 to 18 inches offill that was brought in through the years. He goes on to explain that control of this nuisance vegetation is exempt from the Regualtions. Maxner asks if the area gets enough salt water to retard the growth of the phragmite. Dick states that the tidal flushing does not happen frequently or last long enough to effect the grown of the phragmite. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 3 of 12 Reilly asks about the management and disposal of the phragmites. Ve10nis explains he can burn the material on site in a incinerator but was not sure if the Commission would approve of that. Reilly states that she would rather the material be handled on site by burning and not allow it to be taken off site. Squibb asks if the phragmites are only on his property. Ve10nis explains that they grow from his property to Dr. Seamans property but he will only be cutting what is on his own property. Lang states that he does not have a problem cutting the phragmites down in the hopes that it will result in a come back of wetlands vegetation, but wants to condition the project so that actual existing wetlands are not impacted. Ve10nis states that he plans on asking for inspections by the Commission and John Dick to make sure that actual wetland is not impacted as his project progresses. Maxner asks if phragmites is listed as a wetland indicator. John Dick states that it is. Johnson states that it is an impressive strand of ph rag mites and states that he is inclined to grant the applicant's request with the condition that the Commission go back next year and visit the site to see the outcome. Lang states he is hesitant to allow this under an RDA and thinks an NOI is much more appropriate for this type of work. Dick explains that there are two or three projects going on relating to this up on Plum Island and explains what they are doing. He volunteers to monitor this site in the spring and in the fall to see how this goes. Lang asks if Plum Island is burning the roots. Dick explains the process they are using. Lang notes that he has been involved in projects where they try to burn the roots in the winter and they have had some success. Johnson recalls that the Commission has allowed similar work on another site. Lang agreed and noted that it was done in a Notice ofIntent and questions if this should be an NOI rather than a Request for Determination. He also states that he thinks this will have a lot of benefit but the Commission would be able to monitor it. Maxner suggests that the Commission could issue a Positive # 3 Determination. There being no further questions or comments regarding this matter, Johnson moves to issue a Positive Determination # 3. Paluzzi seconds the motion. Hayes abstains. The motion carries 5-0-1. New: 39 Albany Circle - Construct In Ground Pool - Mitchell Cou2hlin Maxner reads legal notice. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 4 of 12 Mr. Coughlin addresses the Commission and explains that he is proposing to install an in- ground pool on the side of his property. He notes that there is a rock wall on the back of his property that is coincident with an intermittent stream as determined by Ms. Maxner. Maxner notes that his rear yard is fairly flat and the pitch is away from the brook. She notes that she does not think that containment of the excavated soil will be much of a problem. Lang notes that it looks like the pool will be 10 or 15 feet into the buffer zone. Coughlin states that it is as far away from the brook as possible, and notes that they deliberated on the positioning of the pool relative to conservation commission requirements to avoid a Notice of Intent. Maxner also notes that they meet all of the zoning setback requirements. Lang opens 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, Paluzzi moves to issue a Negative Determination # 3. Johnson seconds the motion. The motion carries 6- O. New: 22 Upland Road - Install Above Ground Pool- Kristina Sholds Maxner reads legal notice. Ms. Sholds addresses the Commission and explains that she is proposing to install an above ground pool and notes the location on the plans. Maxner notes that it is entirely lawn in the back of the property and this project would not require any removal of vegetation on site. She also notes that she explained to the applicant that the pool is not to be drained within two weeks of chlorination and must be directed as sheet flow over the yard for infiltration, not direct discharge to the wetland. Lang opens 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 issue a Negative Determination # 3. Paluzzi seconds the motion. The motion carries 6-0. Recess for Public Hearin2s Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 5 of 12 Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6-0. Cont: Hillcrest RoadlBeverly Hills Avenue - Anthony Lawrence - Construct Sin2le Family Home. Roadway. Utilities. Gradin2 and Landscapin2 Maxner explains that the Commission received a request from the applicant's attorney that the matter be continued to the September 11, 2007 meeting. She notes that the revised plans have not been delivered and she expects them next week. Paluzzi moves to continue to September 11, 2007. Hayes seconds the motion. The motion carries 6-0. Cont: 44 Pickman Road - Rehabilitate Stone Wall- Restore Eroded Bankin2- Harold Kaplan David Smith of Vine Associates addresses the Commission and explains the proposed work and notes the Commission held a site inspection recently. Lang notes that there seems to be quite a bit of erosion from previous storms and requested that they use something a little more durable to prevent erosion on the natural bank. Smith explains that they intend to use UMASS bank planting protocol in addition to a geotextile fabric to help further prevent erosion. Maxner asks if they will have more shrubs than planted lawn in this area. Smith states yes. Maxner asks if they looked at the possibility of a second coastal bank on the site. Smith stated that they did not. Maxner explains that there is a 100-year floodplain that is up slope. She notes that his second coastal bank probably won't effect the project but thinks it is important for the Commission to correctly determine all resources on site. Lang states that the Commission could condition that a revised plan be submitted showing the second coastal bank before work starts. Lang asks if the work will be done from the land-side. Smith states that it will. Maxner asks if they need a Chapter 91 License for this. Smith states he does not believe they do as work is above MHW and he could not find a current license but planned on talking to Dave Slagel at DEP about this. Hayes asks how long the project will take to complete. Smith estimates around 2 months from start to finish, but final stabilization of the natural eroded bank may have to wait till spnng. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 6 of 12 Lang 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, Paluzzi moves to close the hearing. Hayes seconds the motion. The motion carries 6-0. Cont: 101 West Street - DEP File # 5-943 - Construct Sin2le Family Home/Detached Gara2e - West Street Realty Trust Bob Griffin addresses the Commission and explains the location of the proposed house and the driveway on the plan. He noted that some abutters contend that the lot is not buildable for zoning reasons but the City Solicitor has rendered an opinion that it is buildable so the Commission can issue a decision at their convenience. He explains that the proposed house will be built on piles so there will be no changes to the flood zones. He reviews the elevations and the flood zones. Griffin states that they may revisit the issue of changing the flood zones with FEMA at a later time, but have decided to table this request to FEMA at this point and move forward with the plan as present flood zones are depicted. Paluzzi asks how they will install the piles. Griffin stated that they have not determined that yet but they will most likely be driven. Lang asks to have the construction of the garage explained. Griffin states that the garage is within an AO zone, which are areas of still floodwater and the garage will have openings that allow water to flow in and out of the garage. Lang asks Maxner if there is any more feedback from the City Solicitor. Maxner states that there has been nothing since his letter stating that there are no zoning issues. Lang opens the hearing up for public comment at this time. Richard Harrison, direct abutter, addresses the Commission and states that he is concerned about flooding and shows the Commission pictures of flooding in the area from various storm events, including the Mother's Day Storm of2006. He reviews the area and notes the areas that flood during major storm events. He reminds the Commission that his septic system which current services his house is located on the subject property and he is in litigation with Landmark over this issue. Squibb asks how much filling is there going to be on site. Griffin reviews the plans and the elevations and notes the locations where there will be filling and the proposed grades, mostly a gentle grade at the rear of the house tapering at the 25' NDZ. He notes that there are very little proposed changes to grades on site. He also noted that there was an affidavit from the Headmaster of the Landmark School regarding flooding on the property claiming that there was no flooding during the Mothers Day Storm of2006. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 7 of 12 Lang asks if they calculated any compensatory storage for Chubbs Brook. Griffin states that they did not as the areas of flooding are land subject to coastal storm flowage, which does not require compensatory flood storage. Hayes asks about the proposed fence beyond the beach noting that he wasn't sure this should be approved. Griffin states the fence is to allow the replanted beach grass get established so people won't trample it. Harrison notes that the West Beach Corporation owns a Right of Way and expressed concern about the access to that and the location of the house. Lang asks if they have materials in mind for the driveway. Griffin states that it is bituminous concrete with a small porous paver area at the entrance. Johnson states that he feels that the Commission has thoroughly discussed the conservation issues and should be ready to close the public hearing. Squibb asks if they would be back to make changes as the result of the lawsuit that is pending. Lang notes that the lawsuit does not have anything to do with this approval. He notes that if there are any changes that have to be made in the future they will have to come back to the Commission to revise the plans. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. Reilly and Lang abstain. The motion carries 4-0-2. New: 9 Cole Street - Retainin2 Wall. Porch. Deck Construction. Driveway Re2radin2 - Adriano Tau2ino Maxner reads the legal notice. Bob Griffin, Griffin Engineering, addresses the Commission and notes that Mr. Taugino owns a small lot at 9 Cole Street and explains the plans and the size of the lot. He notes that there is a stream about 500 feet away but the associated Bordering Vegetated Wetland is in close proximity to the rear lot line, and the house is probably 30 or 40 years old. He notes that Mr. Taugino is a mason and is the process of putting some walls along his property and found out that he needs approval from the Commission. Griffin details the plan and the proposed improvements. Griffin explains that they are proposing to install a drywell and catch basin to compensate the impervious surfaces. Lang clarifies that the cobblestone driveway will increase the imperviousness. Griffin agrees and explains the location. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 8 of 12 Lang asks Maxner if she has been out there. She states that she has not been out there lately. Maxner notes the location of the new catch basin and asks if the direct flow will go into a planting bed. Griffin states it will and explains the drainage plans and the direction of the drainage. Maxner asks if there is a change in grade of the driveway on the east side of the house. Griffin explains the grade will be lifted a little and explains the plans. Lang asks what the elevation of the neighbor's lawn is. Griffin states that they are essentially level with each other. Lang suggests that the Commission visit the site. Paluzzi asks how long the vegetable garden has been there. Griffin notes that it has been there for at least a summer or two. Lang opens the hearing to public comment. Brian Deely the direct abutter at 11 Cole Street, notes that the wall is finished and it is already affecting the drainage pattern on the street and on his property. He notes that there was one big driveway that they shared and stormwater just sheet flowed over it evenly. But now the new wall is diverting the water and causing erosion of his lawn and property. He shows photos of before and after for Commission members to review. Griffin stated that he would like to take a closer look at the concerns of the neighbors at a site visit. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 11, 2007, pending a site inspection scheduled for September 10, 2007 at 6:30 p.m.. Johnson seconds the motion. The motion carries 6- O. New: 114 Standley Street - Landscapin2 Improvements. Retainin2 Wall and Fence - Jeanne & Randy Earle Maxner reads the legal notice. Mrs. Earle addresses the Commission and explains that they are proposing to install a retaining wall and fence and do some landscaping improvements to the yard and front walkways leading to the house. She reviews the areas on the plan and states that they plan to till the lawn and reseed it and install a fence on the side property boundaries. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 9 of 12 Maxner notes that they have an existing vegetable garden. Earle explains the location and notes that she did not plant it this year, but notes that she would like to raise elevation of it a little and install new retaining cedar posts. Lang asks what the total amount of fill would be. Earle states that she is not sure at this point. Maxner provides photos of the site for Commission members to review. Lang states that the Commission wants to be sure of the direction of the stormwater and runoff flow, to be sure that it is not directed toward the neighbor. Hayes asks how close they come to the NDZ. Maxner states that the new retaining wall will be flush with the existing deck and rear of house, which is exactly 25 feet from the wetland. She notes that the first 10 feet or so from the wetland will be planted with native wetland tolerant shrubs. Lang suggests that they talk to the botanist and choose some wetlands species to plant in the area. Maxner notes that she has had good experience with their landscaper and is sure she can work with them in this regard. Lang opens the hearing up for public comment at this time. There were no questions or comments regarding this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 6-0. Old / New Business Open Space and Recreation Plan Maxner explains that the Draft Open Space and Recreation Plan is ready for review and the Open Space Committee will be happy to come to the next meeting to make a formal presentation. She also noted that the endorsement of the Commission is necessary to get the plan approved by the State. She notes that that plan is online in its entirety and can be reviewed by the public. Hayes states that he thinks that it is a great plan and wondered if the land that the Commission is getting in exchange for the Vitale site is included in the plan. Maxner noted that it is not a done deal yet but anything that is not city owned is listed as priority for Commission acquisition. Hayes suggested that there should be a list of all of the property that is under the control of the Commission and copies provided to the Commission. He also suggests that the Commission take more of a role in managing and monitoring the properties and wonders Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 10 of 12 if the Commission could incorporate visits to some properties during their regulatory site inspection days. Maxner states that she will get that information for all of the members to have. Lang suggests that the Committee make a presentation at the meeting of October 2, 2007 so that all members can be present. Members agree. 480-486 Rantoul Street - Wetlands Violations (former Friendly's site) Maxner explains that the property at 480-486 Rantoul Street (former Friendly's site) is now before the DRB for their approvals and is on for the September 18th Planning Board agenda. She notes that Kelleher Construction has clear cut the site completely without any Commission approvals. She states that she was completely unaware of this and apparently the cutting took place around July 31 st. Lang suggests that they do a restoration and planting plan and re-delineate the wetland and put the flags back on the site. Lang states that he wants a plan so the Commission knows what they are going to do. Lang states that he wants substantial restoration noting that the plants should come close to what they took down. He also notes that he wants the NDZ demarcated and restored as well. He suggests that they include trees that would come close to the caliper that was cut down. Lang also suggests that an orange snow fence be installed. Hayes agrees and states that an Enforcement Order should be issued with a deadline for submitting the plan and for when the plants should be installed. Discussion ensues regarding deadlines and requirements. Paluzzi moves to issue an Enforcement Order requiring the following: '" Work shall cease within the wetland and the associated 100-Foot Buffer Zone; '" The wetland shall be re-delineated in the field as depicted on the plans entitled "Plan to Accompany Notice ofIntent in Beverly, MA #480-486 Rantoul Street", dated 11-13-06, submitted with the Request for Determination of Applicability; '" Orange snow fencing shall be installed in the field at the limit of the associated 25-Foot No Disturbance Zone and the limit of the 100-Foot Buffer Zone shall be clearly staked; '" A restoration plan, prepared by a professional wetland scientist, shall be submitted which completely restores the wetland with native wetland trees, shrubs and herbaceous plants; proposed tree specimens shall be of the largest caliper possible to mimic that which were cut from within the wetland; '" Restoration of the wetland shall be completed no later than October 31, 2007 for inspection by the Commission and/or its Agent. Hayes seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 11 of 12 Orders of Conditions 44 Pickman Road Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction, a revised plan delineating the second Coastal Bank above the 1 00- Year Floodplain shall be submitted to the Conservation Commission for its files. 2. All debris shall be removed from the coastal bank (cut stumps, grass clippings etc.. .). 3. Geotextile fabric, a variety that will withstand erosive wave action, shall be installed on the portion of Coastal Bank to be loamed and re-planted. 4. Work shall be accomplished from the land-side of the property as proposed in the Notice ofIntent; should work from a barge be proposed, a work sequence and request for an Amended Order of Conditions shall be submitted to the Commission for its consideration. Hayes seconds the motion. The motion carries 6-0. 101 West Street Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Asphalt shall not be used in the construction of the driveway; rather it shall be constructed of crushed stone/gravel to maintain a pervious surface. 2. As discussed during the August 21,2007 public hearing, crushed stone shall be placed underneath the entire footprint of the house. 3. As discussed at the August 21, 2007 public hearing, the pool patio shall be pitched toward the underneath of the house to encourage drainage into the crushed stone. Paluzzi seconds the motion. Lang and Reilly abstain. The motion carries 4-0-2. 114 Standley Street Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Proposed plantings at wetland edge shall consist of native Facultative Wetland (FacWet) plant species. (Facultative Wetland plants are those species of plants that usually occur in wetlands 67-99% of the time.) Beverly Conservation Commission Meeting Minutes - August 21, 2007 Page 12 of 12 2. Existing drainage patterns shall not be altered and proposed grading shall not result in any new or increased runoff to neighboring properties. Johnson seconds the motion. The motion carries 6-0. Re2ulation Subcommittee Maxner asks if the Sub-Committee thinks that they need to meet again. She will review and make track changes and suggestions and get the draft to the Commission members as soon as she can find time to work on all the suggested amendments. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 6-0. The meeting adjourns at 10:00 p.m.