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2008-07-15 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 15,2008 Conservation Commission Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, and Bill Squibb Members Absent: David Lang, Gregg Cademartori, Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, MA. Certificate of Compliance New: 107 Preston Place - DEP File #5-940 Maxner informs the Commission that the order governed grading activities within the buffer zone to a bordering vegetated wetland, restorative plantings with the buffer zone and wetland resource areas and reseeding disturbed areas with the buffer zone. She notes that special conditions were: 1. The five (5) proposed cinnamon ferns within the Buffer Zone shall be substituted with five (5) high bush blueberry bushes. The three (3) proposed cinnamon ferns within the wetland shall remain as part of the plan. 2. Existing silt fence shall not be removed without the approval of the Conservation Administrator. Maxner states that she has been out there on several occasions, as have members, and site conditions are stabilized with wildflower seed mix and the requisite plantings have been installed and are in good health. She recommends issuing a Certificate of Compliance. Hayes moves to issue a Certificate of Compliance for 107 Preston Place. Johnson seconds the motion. The motion carries 4-0. New: 9.10. &12 Curtis Point Road - DEP File #5-817 - Sean M. Healev Maxner informs the Commission that the order, issued in October of2003, governed the landscaping, deck addition, deck replacement, interior house remodeling, drainage system installation and rip-rap bank stabilization within Buffer to Coastal Bank and on Bank. She notes that she visited the site with Peter Ogren and the only major deviation from the plan is that the proposed rip rap stabilization at westerly property boundary of# 12 seems to be more extensive that what was approved. She explains that the rip rap seems to have been added to the south of Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 2 of8 the outlet of the drainage pipe, it seems that the level spreader for drainage discharge was not built, and the propane tanks and storage area has been added to the northeast side of# 12. Peter Ogren addresses the Commission and explains that the intent was to stabilize the whole area and notes that trees on the bank have survived because of the work. He also notes that there was a proposed level spreader at the outlet to the discharge point but there were no signs of erosion on the bank, as it is heavily vegetated. He explains that you cannot find the pipe unless you look for it. He states that the pipe discharge is in a good location. There being no further questions or comments regarding this matter, Hayes moves to issue a Certificate of Compliance for 9, 10, & 12 Curtis Point Road. Johnson seconds the motion. The motion carries 4-0. New: 10 Curtis Point Road - DEP File #5-746 - Sean M. Healev Maxner informs the Commission that the Order, issued in August of 200 1, governed the construction of additions to the house, some associated grading and landscaping within Buffer Zone to Coastal Bank. She states that she and Peter Ogren conducted a site inspection and he work was done in accordance with the approved plan and the regulations that were in place at that time. There being no further questions or comments regarding this matter, Hayes moves to issue a Certificate of Compliance for 10 Curtis Point Road. Johnson seconds the motion. The motion carries 4-0. New: 232 Essex Street - DEP File #5-379 - John C. Kelleher. Jr. Maxner informs the Commission that this Order, issued in June 1991, governed the re-grading of the bank to Kelleher's Pond and rip rap fill to stabilize the existing bank. She notes that cross sections were not provided in the as-built plan. She states that she and Peter Ogren conducted a site inspection and the bank is fully vegetated with mature shrubs and many trees which made it hard to observe the rip rap and that is most likely why a cross section could not be provided, she recommends the issuance of a Certificate. There being no further questions or comments regarding this matter, Hayes moves to issue a Certificate of Compliance for 232 Essex Street. Johnson seconds the motion. The motion carries 4-0. New: 40 Cliff Street - DEP File #5-555 - Norma Shaw Maxner informs the Commission that the Order, issued in August of 1996, governed the demolition of an existing house and construction of a new dwelling in another location on site, just south of the old footprint. She notes that she visited the site with the surveyor who produced the as-built plan and the only change to the approved plan is that the deck is 2 feet larger than what was approved by the Commission. She also noted that the proposed retaining wall on the Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 30f8 south side of the property was not construction, but that it is a well-stabilized sloped lawn area. She also notes that there is a stable grassy wildflower area where the old house was located. There being no further questions or comments regarding this matter, Hayes moves to issue a Certificate of Compliance for 40 Cliff Street. Johnson seconds the motion. The motion carries 4-0. ReQuest For Determination of Applicabilitv New: 12 Jordan Street - Install Fencin2 on Side Property Lines and Install Shed - Marv Ellen Dixon Mary Ellen Dixon is present to review the proposal with the Commission. Maxner reads legal notice. Dixon addresses the Commission and explains her proposal to install a storage shed and perimeter fence within 8-10 feet from the edge of the North Beverly Brook. She states that she wants to put up the fence because she is concerned about coyotes and the safety of her children. She explains that the fence will be within 25 feet of the top of bank. She also notes that the rear of the yard immediately adjacent to the brook is landscaped. Hayes questions what will be stored in the shed. Dixon states that she wants to store yard tools in the shed. Paluzzi questions how big the proposed shed will be. Dixon states that it will be 6'x8'. Hayes refers to the proposed stockade fence and notes that he is concerned about wildlife passage and he would prefer to have a fence that would be permeable for small animals. Maxner suggests that they could leave room at the bottom of the fence. Dixon states that she would be concerned about the coyotes digging holes under the fence to get in the yard. Hayes explains that coyotes pass through areas and that if they cannot get in they move on. He notes that they should be able to leave four inches from the ground on the installation of the fence without concern. Dixon states that she would like to put a gate in the fence so that she can access the area behind the fence to maintain the Japanese bamboo. There being no further questions or comments regarding this matter, Hayes moves to issue a Negative Determination 2 with a special condition that the fence be raised four inches from the ground for wildlife passage. Johnson seconds the motion. The motion carries 4-0. 20 Gover Street. John Bockoven - Enforcement Order Follow Up Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 40f8 Maxner explains that the Commission issued an Enforcement Order for clear cutting within the Buffer Zone to BVW requiring a restoration plan to be presented in time for this meeting. Bob Griffin addresses the Commission and explains the history of the site. He explains that they will do a topography survey and present a plan to accompany the replanting plan in September with a Notice ofIntent. Griffin notes that Mr. Bockoven is very embarrassed and he wants to make things right. Maxner states that she did a site inspection and Mr. Bockoven has made very good progress in cleaning up the piles of debris and she has suggested that he stop activity for now until the planting plan and the Notice ofIntent is filed. Members thank Griffin for the update. Maxner recommends the Commission vote to amend the EO directing the submission of an NOI in time for the August 26th meeting. Hayes motions to amend the EO as discussed, Johnson seconds. The motion carries 4-0. Recess for Public Hearin2s Johnson moves to recess for public hearing. Hayes seconds the motion. The motion carries 4-0. Notice of Intent Cont: ReQuest for Amended Order of Conditions - Settlement Plan - Chapman's Corner Estates Cluster Subdivision. DEP File #5-862 - Matthew Kavana2h & Manor Homes at Whitehall. LLC Maxner explains that the Commission will recall continuing this hearing so that an Order of Conditions could be drafted and CR document prepared with the help of George Hall. She explains that neither she nor Hall could prepare a draft before he left for his two-week vacation. She notes that the applicant has agreed to continue the matter to the August 5, 2008 meeting. Johnson moves to continue the matter to the August 5, 2008 meting. Squibb seconds the motion. The motion carries 3-0-1 (Hayes abstained). Cont: 44 & 30 Boyles Street (Lot 27. Chapman's Corner Cluster Subdivision) - Matthew Kavana2h & 30 Boyles Street Trust Maxner explains that the applicant has requested that the matter be continued to the August 5, 2008 meeting. Johnson moves to continue the matter to the August 5, 2008 meting. Squibb seconds the motion. The motion carries 3-0-1 (Hayes abstained). Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 50f8 Cont: 3 Melvin Avenue - Paul & Catherine Gareri Maxner explains that the applicant has requested that the matter be continued to August 5, 2008. Johnson moves to continue the public hearing to August 5, 2008. Hayes seconds the motion. The motion carries 4-0. Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 Maxner explains that the applicant has requested that the matter be continued to August 5, 2008. Johnson moves to continue the public hearing to August 5, 2008. Hayes seconds the motion. The motion carries 4-0. Cont: 232 & 234 Essex Street - Demolish Existin2 Structures and Construct a Child care Facility - Robert Walker Maxner explains that at the last meeting the Commission voted to have a peer review of the project and she is in the process of getting a contract with VHB to get that done. She recommends continuing the matter to August 5, 3008. Johnson moves to continue the public hearing to August 5, 2008. Hayes seconds the motion. The motion carries 4-0. Cont: 90 Boyles Street (Map 45 Lot 2). DEP File #5-974 - construct sin2le-family house and wetland crossin2 for common access driveway - Carl Dumas Maxner informs the Commission that the applicant has requested that the matter be continued until the August 5, 2008 meeting of the Conservation Commission. Johnson moves to continue the public hearing to August 5, 2008. Squibb seconds the motion. The motion carries 3-0-1, with Hayes abstaining. Cont: 92 Boyles Street (Map 45 Lot 50). DEP File #5-972 - construct sin2le-family house and wetland crossin2 for common access driveway - Carl Dumas Maxner informs the Commission that the applicant has requested that the matter be continued until the August 5, 2008 meeting of the Conservation Commission. Johnson moves to continue the public hearing to August 5, 2008. Squibb seconds the motion. The motion carries 3-0-1, with Hayes abstaining. Cont: 100 Sohier Road - Beverly Hi2h School- City of Beverly - Superintendent of Schools Dr. James Hayes Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 60f8 Ben Garry and Bill Maher addressed the Commission and reported that the project has been put out to bid and they hope to have the Order of Conditions from the Commission to b e incorporated with the bid documents. Garry explains that hay bales and silt fences and the maintenance of them as well as other standard practices are already in the documents. Paluzzi states that he would like them to have extra hay bales on the site. Garry agreed and noted that they have called for a certain amout of hay bales to be stockpiled on site. Hayes states that he feels that the basic plan is very good but recommended that they move the location of the backstop a few feet away from the brook to place it outside the 25' NDZ. Maxner notes that DEP is still reviewing the application and she feels that there will be comments from them regarding the riverfront mitigation. Hayes suggests that they consider installing some more plantings as mitigation for incursion. Squibb notes that he observed the outfall of the manhole that is 75% blocked and he would like to see that addressed in this project, rather than wait for the North Beverly Brook project. Garry states that they plan to monitor the area and clean it out if necessary to insure the flow of water. Squibb also notes that the base of the swale looks like it has experienced dumping and they should take a look at that as well. Garry agrees to make sure the swale is clear and functioning. Hayes states that he feels that the Commission should have an independent review of the drainage calculations for the plan. Squibb agrees. Maher states that they have submitted the drainage calculations to Mike Collins. Maxner expresses her respect for Collins' opinion, however his perspective is not from a DEP's stormwater regulation standpoint and it may be worth an independent review. She states that she wants to be cautious in spending the City's money, but this is a large project and if presented by a private developer she doubt's the Commission would think twice about securing a peer review. Hayes suggests that the Commission authorize securing and independent review of the project if there are comments from DEP that indicate the need, and suggests that CDM be the review firm. Members agree. There being no further questions or comments regarding this project, Johnson moves to continue the public hearing to August 5, 2008 with an authorization of securing CDM to perform a peer review of the drainage based on DEP's comments. Hayes seconds the motion. The motion carries 4-0. Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 70f8 New: 1 Whirlin2 Drive - Gradin2 Associated with new Sin2le Family House - JED JAM Development - Peter Scouras Maxner reads legal notice. Michael Juliano of Meridian Engineering explains that the applicant is proposing to perform grading within the outer Riverfront Area associated with the construction of a single family house, which is outside any resource area. He notes that there is no point source discharge with sheet flow and reviews the contours of the plan. Maxner states that she has no issues with the proposed grading as long as the 200 foot Riverfront area is staked out prior to construction. She recommends that as a special condition of approval. Maxner reviews DEP comments on the project. Juliano notes that the project meets performance standards and the first 100 feet cannot be disturbed and they are not exceeding the allowable square footage of disturbance. He also notes that the single family home is exempt from stormwater management policies and there are no Outstanding Resource Waters on the site and no discharge will be created on the site. Scouras suggests that they may want to install a fence or shrubs along the property line between the two houses. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 4-0. Orders of Conditions 1 Whirlin2 Drive Members discussed potential conditions and agree to standard conditions and the following special conditions: 1. That the limit of work area be staked out before the start of construction. Hayes moves to approve the Order of Conditions for 1 Whirling Drive as discussed. Johnson seconds the motion. The motion carries 4-0. Old/N ew Business Landmark School-Fence at Governor's Landin2 Property Maxner informs the Commission that the Landmark School is planning on replacing the fence that runs along the coastal bank at the Governor's Landing property. She explains that they will be pulling the fence back about five feet from the top of the bank and asks the Commission for direction as to whether they should file an application for this. Beverly Conservation Commission July 15, 2008 Meeting Minutes Page 80f8 Johnson states that they should file at least a Request for Determination before proceeding with this project. Members agree. 15 Holdin2 Street. Scott Le2row Maxner recalls that the Commission issued a Negative Determination 3 at the last meeting for the installation of an above ground pool and Mr. Legrow would like a fenced in area for his dogs which would be within the 25' No Disturb Zone. Hayes notes that the Commission visited the site and it is pretty straight forward as the area slated for the fence is already grass. He notes that this should have been included in the filing for the pool. There being no further questions or comments regarding this matter, Hayes moves to allow the construction of a dog run on the side of the house at 15 Holding Street. Johnson seconds the motion. The motion carries 4-0. Approval of Minutes There were no minutes approved at this meeting. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Hayes seconds the motion. The motion carries 4-0. The meeting adjourns at 8:45 p.m.