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2008-09-30 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present September 30, 2008 Conservation Commission David Lang, Tony Paluzzi, Gregg Cademartori, Mary Reilly, Ian Hayes, Bill Squibb Members Absent: Dr. Mayo Johnson Others Present: Amy Maxner - Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificates of Compliance New: Raymond Farms Draina2e Proiect. DEP File #5-948 - SESD & City of Beverly Maxner states this Order governed construction of drain extensions to collect sump pump discharges in and along several streets located in the upper Bass River watershed and repair/replacement of an existing large diameter drain. She explains work also involves repositioning a section of channel of the Bass River and restoration of Bordering Vegetated Wetland. She states that she has conducted a site inspection at the restored BVW and Yale Blvd. headwall and reports that the wetland restoration area looks great, plants are healthy and between woody and herbaceous cover there is well over 75% coverage as the wetland scientist's monitoring reports indicate. She explains that as the engineer's report indicates, the bank was extended approximatelyl 35 linear feet to meet the outlet of the existing channel and invites Alan Taubert, from SESD, to address the Commission on this issue. Taubert notes that there was a discrepancy found on the plan once the construction company was in the field and they found that the brook channel was in a slightly different location than originally delineated. He provides a sketch to illustrate what was found and explains the work that was done and how it differed from the approved plan. He notes that the right side of the channel was extended about 25 feet and the left about 10 feet. Maxner provides photos of the area in question and notes that the bank has naturalized with native herbaceous and upper reaches have received native woody plants as well. Discussion ensues regarding the project and the bank changes. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 2 of 10 There being no further questions from the Commission, Paluzzi moves to issue the Certificate of Compliance. Seconded by Hayes. All members in favor, motion carries 6-0. New: 44 Pickman Road. DEP File #5-962 - Harold Kaplan Maxner states this Order governed the rehabilitation of existing stone masonry seawall and associated concrete apron and restoring eroded banking. She has conducted a final site inspection and provides photos for members to review. She notes that the weep holes were not extended from the upper existing wall into the rehabilitated section of the wall and invites David Smith of Vine Associates to further explain. Smith states that the weep holes were not functional and it was decided to eliminate the connection. Maxner notes that the area of eroded bank has been regarded and stabilized with Rugosa Rose. Smith states that he was not able to speak to the landscaper about the Rugosa Rose, but notes that they are growing vigorously. Maxner agrees. There being no further questions or comments, Paluzzi moves to issue the Certificate of Compliance. Seconded by Reilly. Motion carries 6-0. New: 5 Roosevelt Avenue. DEP File #5-920 - Bruce & Claudette Turner Maxner explains this Order governed grading the rear yards of 5 & 15 Roosevelt Avenue to address flooding issues as well as work on 15 Roosevelt for landscaping and driveway expansion. She explains the Turners would like a partial Certificate of Compliance to be released from the Order, as all work on their property is complete. She states she has conducted a final site inspection and provides photos for members' review. She states that the grading has addressed the flooding issue and water sheds toward the wetland without leaving the applicant's yards saturated for extended periods. She notes that all areas are stable and the Turners have installed several High Bush Blueberry plants along the edge of the fence and they seem to be doing well. There being no further questions or comments, Paluzzi moves to issue the Certificate of Compliance. Seconded by Hayes. Motion carries 6-0.Request for Determination of Applicability Cont: 890 Hale Street - Darrell Crate Maxner reminds the Commission that this item has been continued to the October 21 8t meeting and no discussion will be held tonight. New: 18 Lon2meadow Road - Sebastian Barcelar Maxner reads the legal notice. Sebastian Barcelar, the applicant, states he is proposing to construct a deck, patio with pavers, a shed, and landscaping within the Buffer Zone to BVW. Maxner states that she explained to Mr. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 3 of 10 Barcelar that this application could cover this project as long as he sticks to the plan as he presented it and suggested that he move the proposed shed outside the 25' NDZ, but it can be the Commission's discretion to allow it. She also suggested that the fence have space at the bottom to allow for small wildlife movement, he seemed amendable to that. Squibb asks if the shed can be moved to the opposite side of the yard. Barcelar states it could be moved. Squibb states that it needs to be at least 25 feet from the rear fence, members agree. Paluzzi asks if there will be space at the bottom of the fence to allow wildlife movement. Maxner states that she has mentioned this to Mr. Barcelar. Mr. Barcelar asks how much space is needed. Members agree that 6 inches would be sufficient. Barcelar states that he will leave space. There being no further questions from the Commission, Paluzzi moves to issue a Negative # 3 Determination with special conditions that require the fence to have 6 inches of space at the bottom and for the shed to be at least 25 feet away from the rear fence. Seconded by Cademartori. All members in favor, motion carries 6-0. Maxner asks everyone in the room to congratulate Mr. Barcelar in achieving his U.S. citizenship a couple of weeks ago. Members congratulate him and wish him well. Barcelar thanks everyone. New: 15 Eisenhower Avenue - Amy Murphy Maxner reads the legal notice. Scott Vandwall, Homeworx, Inc., states the applicant is proposing to construct a 12' x 28' addition to the rear of the house and replace chain link perimeter fencing with split rail fencing. The new addition will be supported on sono-tube footings and placed over an existing concrete patio slab. He explains the work will take place within lawn, within the 100-Foot Buffer Zone to the BVW associated with the certified Vernal Pool in Wetland B on the Chapman's Corner subdivision site. Maxner states that no vegetation will be removed to accommodate the project and the work for post excavation will be accomplished manually. Vandewall confirms that no heavy equipment will be used. Hayes asks where the pool is located and if the BVW encompasses the pool there needs to be a waiver request from the 100-Foot No Disturbance Zone. Discussion ensues regarding the location of the wetland and the buffer zone on the plan. The Commission agrees that the plan needs to be clearer as to the wetland line and buffer zone. Discussion ensues regarding additional information needed a waiver request. Maxner explains that the plan will need to show the edge of wetland and buffer zone and the waiver request will need to address the criteria found in the Regulations. Vandewall agrees to provide the additional information as requested. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 4 of 10 There being no further questions or comments, Paluzzi moves to continue this application to the October 21, 2008 meeting pending submission of additional information as requested. Seconded by Hayes. All members in favor, motion carries 6-0. Minor Modification New: North Beverly Brook. DEP File #5-968 - City of Beverly Maxner explains that the Order governed structural and non-sturctural drainage improvements within the North Beverly Brook drainage area. She explains that the DEP appealed the Commission's decision approving the project and through that appeal the DEP reviewed the plan and required several changes to the plan. Ginny Roach, CDM, states that a letter requesting a modification to the Order issued under the local Ordinance provides an outline of changes and provides a detailed explanation of these changes made to the project due to DEP's intervention. She states that in general disturbance to the resource areas have been decreased and changes made to better protect them. Discussion ensues regarding the changes and Roach answers questions from the Commission. Cademartori states that the Commission was doing the City a service in requesting the same information that the DEP has required as part of their appeal. Lang agrees noting that the Commission's questions and requests for information could have been anticipated by the City to come from DEP from the beginning. Maxner states that she has reviewed the DEP' s Superseding Order of Conditions in comparison to the Commission's original set of conditions and suggests that the Commission adopt the DEP's conditions, as they are equally protective. She recommends that the planting plan for 40 Lexington Drive should be left flexible to allow for either broadcasting seed mix or installing woody vegetation, as she understands the homeowner has been apprised of and agrees with the changes to the channel reconfiguration. She also suggests that Condition #38 from the previous Order be retained and indicated on the Modification. Members agree with these suggestions. There being no further questions or comments, Paluzzi moves to issue a Minor Modification with the Conditions suggested by Maxner. Seconded by Reilly. All members in favor, motion carries 6-0. Notice of Intent Cont: 76 Paine Avenue. DEP File #5-980 - John Swansbur2 John Dick, Hancock Associates, representing the applicant states that he has solicited bids from four other engineering firms: Neve-Morin, Meridian, Cuoco & Cormier and Kaspian and expects responses very shortly. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 5 of 10 Hayes states that he is not convinced that the Commission is obligated to choose from this pool of firms. Dick responds that his client is unhappy with the bid proposal from VHB as it would cost more for VHB to review it than it did for Hancock to create the plan in the first place. Lang asks if there are any questions from the public. Joe Haley, 79 Paine Avenue, asks if the Commission has any experience with these firms. Maxner responds that they are familiar with Neve-Morin and Meridian, but not the other two. There being no other questions or comments, Paluzzi moves to continue the hearing to the October 21,2008 meeting. Seconded by Hayes. Motion carries 6-0. Cont: 20 Grover Street. DEP File #5-992 - John Bockoven Maxner reads the certification of evidence review for Hayes. Robert Griffin, Griffin Engineering, and John Bockoven are present to represent the project. Griffin reviews the project and elements of the plan. He explains that a site visit was conducted by the Commission recently but not major changes were made to the plan as a result. Hayes asks the dementions of the boardwalk into the wetland. Griffin states it will be four feet wide and the decking will be above the vegetation, and pruning of vegetation around the boardwalk may be necessary. Reilly states she is not comfortable with the boardwalk as proposed as it will result in about 180 square feet of impact to the wetland. Mr. Bockoven states that the Audubon has much larger boardwalks in their wetlands on their properties and he would like to have it available if he ever decided to use it as a teaching tool. Griffin reminds the Commission that they permitted a boardwalk at Glen Urquhart School and he will look into this design to see if they can adopt it for this project. Lang states that he thinks the boardwalk will need to be higher to allow light to hit the vegetation underneath it, but he suspects that if it gets any higher they will need to put up hand rails and other bracing which then turns it into a much bigger carpentry project in the middle of the wetland. Reilly agrees and thinks that the boardwalk is too long. Lang asks if there are any questions from the public. Resident of 480 Essex Street provides photos and a letter detailing the extent of flooding that occurs in this area and next to his house. He asks the size of the barn and what materials will be stored in it, noting that it will take up infiltration capacity and may introduce pesticides and other chemicals for gardening into this area. Bockoven states that he will only use organic methods for his garden. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 6 of 10 Resident of 492 Essex Street states that he has concerns of flooding that will be caused by the barn, garage and driveway. He also expresses his concern over wildlife movement, as the proposed fence will block migration by deer and other wildlife that use this area frequently. Squibb asks the dimensions of the barn. Griffin states approximately 12,000 square feet in area. Griffin asks that the Commission grant a continuance so that he may consult further with his client on the concerns raised at the meeting tonight and prepare plan revisions as necessary. There being no further questions or comments, Paluzzi moves to continue the hearing to the October 21,2008 meeting. Seconded by Squibb. Motion carries 6-0. Cont: 4 Birch Woods Drive. DEP File #5-991- Steven Edelstein Hayes recuses himself from this hearing and leaves the room. Robert Griffin, Griffin Engineering, explains the plan and additional information provided pursuant to the site inspection made by the Commission. He states that the work on the head wall has been scaled back to include the addition of a fence to protect cars from slipping on icy conditions for safety concerns. Chinking of stones within the headwall will be done as needed. A work sequence has been provided for utility connection in the brook. Squibb asks if the leaching field can be re-used to capture pool discharge. Griffin states that is possible as long as the leaching field is out of commission. Maxner asks for clarification on wetland Flag A4 & A5. Griffin states that the flag positions are correct on the plan but not in the field and they will need to be shifted to mirror the plan. Maxner reminds the applicant that the dumped grass and yard waste will need to be removed adjacent to wetland Flag A2. Edelstein agrees to have his landscaper remove this and cease dumping in this area. Lang states that compo sting yard waste on site is not a problem as long as it is not immediately adjacent to the wetland and preferably out of the buffer. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Reilly. Motion carries 6-0. Hayes returns to the meeting. New: ReQuest for Amended Order of Conditions Under the State Act & New Notice of Intent Under the Beverly Ordinance. DEP File #5-985 - Robert Walker. Walker Reatlty Trust Maxner reads the legal notice. John Dick and Katie Enright of Hancock Associates are present for the applicant, and a representative for Walker Realty Trust is also present. Dick reminds the Commission that the Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 7 of 10 project involves construction of a childcare facility by demolishing existing structures on site and reconfiguring parking and access roadway. Portions of the activity will be within the 100-Foot Buffer Zone to bank of Kelleher's Pond. He explains that pursuant to the Commission's denial of the original plan under the Ordinance, these revised plans remove the road out of the 25' No Disturb Zone and propose a not-yet-detailed re-planting plan and that one outlet structure will be within the 25' NDZ, but other than that they have removed all hard structures out of this zone. He states that this will result in having to blast into the ledge to the east of the site to accommodate the building and parking. Lang asks what will happen to the hedge along the front of the site. Enright states that it will be taken down but will be replaced with landscaping that will allow for improved visibility. Hayes asks the status of the pier and bituminous boat ramp. Dick states the pier will remain but the ramp will be taken out and the area re-Ioamed and seeded. Cademartori asks if the proposed plantings will be on 8' centers in one single row. Dick states that they will need to go in and remove invasive plants first which will then open areas up for the new plants, so it will not be exactly on center but rather where space allows on the bank. He goes on to explain that the 25' NDZ will receive an Earnst Seed Mix which emphasizes soil stabilization, nitrogen fixing and emphasizes color and aesthetics. Lang asks if there are any questions from the public. Resident of 174 Colon Street asks if flooding has been addressed, as he believes this area is within the Kelleher Pond flood zone. Maxner explains that stormwater management has undergone an extensive review and this project will not be worsening the existing conditions. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Reilly. Motion carries 6-0. Orders of Conditions 4 Birchwoods Drive. DEP File #5-991 - Stephen Edelstein Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Work involving sewer and gas utility installation within the bank and bordering vegetated wetland resources shall be carried out during low flow periods between July and October to achieve the least impact. 2. Prior to any work commencing on any part of the project, the applicant shall remove the dumped yard waste in the vicinity of wetland flag # 2A and such dumping within the wetland and buffer zone shall cease in the future. 3. Pool discharge shall be directed into the septic system leaching field if such field is available. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 8 of 10 4. Pursuant to the February 8,2008 Enforcement Order issued by the Commission, a second and final monitoring report shall be provided at the end of the 2009 growing season. Observations shall be made by a qualified wetland scientist and shall be made during mid July 2009. Seconded by Reilly. Hayes and Cademartori abstain. Motion carries 4-0-2 (two abstentions). 232-234 Essex Street. DEP File #5-985 - Walker Realty Trust Maxner reviews the Special Conditions issued with the original Order of Conditions. Cademartori states that the Commission can continue to rely on VHB' s review findings and suggests that be explained in the Commission's findings sections. Members agree to retain all of the original conditions and Paluzzi makes such a motion. Seconded by Hayes. Motions carries 6-0. Cademartori states that the inquiry as to whether the Ordinance Fees can be waived still needs to be addressed. Maxner reviews the language governing fees in the Regulations. Members agree that there are no mechanisms for the Commission to waive the fees and agree that payment should be made. Old/N ew Business New: Conservation Restriction - Beaver Pond Road OSRD Development Maxner states the Commission received a copy of the plan showing the Conservation Restricted Open Space parcels for the Beaver Pond OSRD site plan that was recently passed by the Planning Board. Planning staff has inquired as to whether the Commission is interested in accepting the CR. She states she provided a plan highlighting the open space parcels as well as the notation of the existing CR that the Commission already holds around the perimeter of the pond. Discussion ensues regarding the size and location of the parcels. Squibb states that Parcel # 2 may have some value as it is directing abutting the current CR that the Commission holds. Lang states that these parcels are so small that he is not inclined for the Commission to become stewards of these pieces. Hayes agrees noting that the eventual homeowners will probably use these areas as yard waste dumps, but perhaps Parcel # 3 is worth watching over as it most likely provides flood storage and some measure of wildlife habitat. Cademartori suggests inquiring with Beverly Conservation Land Trust (BCLT) to see if they would be willing to accept the CR as this seems to be a manageable sized area for one of their first projects to shepherd. Members agree with this approach, as it is the consensus of the Commission that these parcels are too small to warrant the Commission's efforts. Maxner agrees to suggest to the applicant's attorney to explore a partnership with the BCL T. Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 9 of 10 New: 5 Ouincy Park - Correspondence from Jack Altshuler Maxner states the Commission has received a letter dated September 30,2008 from Mr. Jack Altshuler requesting permission to perform emergency repair to his seawall at 5 Quincy Park. She explains to the Commission that she conducted a site inspection with Mr. Altshuler's wife on August 20, 2008 and took photos of the seawall. She states she wrote a subsequent email that day, explaining to Mr. Altshuler the need for a permit for such work. She showed members the photographs of the seawall that she took while on the site inspection. Brief discussion ensues as to whether this is an emergency repair. Cademartori recalls another seawall repair that the owner claimed to be an emergency and the work has yet to begin and that wall had completely collapsed into the Bass River. Based on the photos he does not think this is an emergency. Members agree, and believe that the work requires formal review under an NO!. Squibb asks how many meetings have gone by since Maxner's initial site visit. Maxner states about 3 meetings have passed. Lang states this project could have been permitted by now and maybe even completed if the applicant filed earlier this summer. Reilly agrees and thinks the Commission needs to know exactly the extent of proposed work so that it can be properly conditioned. New: 49 Sonnin2 Road. DEP File #5-??? ReQuest for Extension- Paul Lyons. Maxner states the Commission has received a request for an extension to an Order that governs the construction of a single-family house within the outer limits of the Buffer Zone to an intermittent stream. She explains that the applicant needs to first sell his house to raise the funds to build and in this down market he is having trouble selling and would like a I-year extension. Cademartori asks if the site is stable. Maxner states yes, it is all overgrown and the hay bales have been installed which will probably need refreshing once work begins. There being no further questions or comments, Paluzzi moves to issue a I-year extension. Seconded by Hayes. Motion carries 6-0. Approval of Minutes The draft minutes from the June 10th, June 24th and July 15th Conservation Commission meetings were presented for review and approval. Paluzzi moves to approve the June 10, 2008 minutes as amended. Seconded by Reilly. Hayes abstains. Motion carries 5-0-1 (one abstention). Paluzzi moves to approved the June 24,2008 minutes as amended. Seconded by Hayes. Lang abstains. Motion carries 5-0-1 (one abstention). Beverly Conservation Commission September 30, 2008 Meeting Minutes Page 10 of 10 Maxner states that the majority of the members in attendance at the July 15th meeting is present tonight and therefore constitutes a quorum that is able to approve these minutes. Squibb moves to approve the July 15,2008 minutes as amended. Seconded by Paluzzi. Cademartori, Lang and Reilly abstain. Motion carries 3-0-3 (3 abstentions). Adiournment There being no further business before the Commission this evening, Squibb moves to adjourn. Seconded by Cademartori. Motion carries 6-0. Meeting is adjourned at 10: 15 p.m.