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2008-11-18 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present November 18, 2008 Conservation Commission David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Gregg Cademartori, and Bill Squibb Members Absent: Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, MA. Certificate of Compliance New: 449 Cabot Street. DEP File #5-616 - Steve Atherton Maxner explains that the Order, issued in December of 1997, governed the renovation of the existing service station, installation of two new 10,000 gallon underground petroleum storage tanks and stormwater management within 200-Foot Riverfront Area to the North Beverly Brook, 100-Foot Buffer Zone to BVW and BLSF and no changes to BLSF were proposed. She also notes that the stormwater management proposed three new catch basins equipped with hoods and sumps/oil and grit separator and a plunge pool to catch both roof runoff and stormwater from the paved surfaces on site. She explains that enhancement plantings were proposed along the southern portion of the site between the limit of parking and the upper boundary of the bank in a 15-20 foot swath to encompass approx. 6,485 square feet. Maxner notes that there are discrepancies from the approved plan and explains that it does not appear that the roof runoff drains are connected to the infiltration system. She also notes that there are no obvious, purposeful plantings that she can see and the paving appears to be more extensive than the approved plan. She also notes that there is no dumpster on the site. Mr. Atherton, the owner of the site addresses the Commission and explains that this is the first that he has heard of discrepancies in the plan explaining that the work was done by a tenant of his years ago. Squibb questions if the separators are connected and working. Atherton states that he paid for the work to be done and for a survey and he is relying on that information being correct. Squibb states that he would like certification that it is connected and working properly. Maxner notes that the surveyor worked off of the approved plans and since it has been so long it is hard to do that. Hayes questions if the propane tank on the site has any environmental impact. Atherton explains that it is sitting on a concrete pad and the Beverly Fire Department approved it. Lang questions if the oil and grit unit have manhole covers. Atherton states that there are manhole covers. He also notes that he paid $50,000 for the work that was done and he hopes that it is working. Lang states that he does not think there is any reason to doubt if it is working and suggests that the Commission issue a Certificate of Compliance contingent upon Mr. Atherton connecting the roof drain. Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 2 of 10 Squibb again states that he would like certification that the separators are working. Maxner notes that she today she observed the plung pool and it seems stabilized. Cademartori notes that the size of the infiltration unit is 1/l0th of the size on the approved plans. Maxner explains that the plans may have been illustrated. Cademartori also notes that the infiltration system should be cleaned out, explaining that there should be a crushed stone bed with the ability to clean it out. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 449 Cabot Street, DEP File #5-616 - Steve Atherton, contingent upon the connection of the roof drains to the infiltration system. Hayes seconds the motion. The motion carries 5-1 with Squibb opposed. Recess for Public Hearin2 Paluzzi moves that the Commission recess for public hearing at this time. Hayes seconds the motion. The motion carries 6-0. Notice of Intent Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 John Dick of Hancock Associates and Dave Pickart from VHB are present to discuss this matter. John Dick addresses the Commission and explains that the site work involves construction of a tennis court, landscaping and compensatory flood storage within Land Subject to Flooding. He notes that the Commission voted to secure an independent peer review with VHB, and they have cooperated and submitted the requisite funds. He explains that a site visit was held and turns the meeting over to Dave Pickart from VHB to review his report. Pickart addresses the Commission and provides a brief overview of his experience in the field and his qualifications. He explains that he reviewed the record and inspected the site and reviewed the State Wetlands Regulations and the City of Beverly Ordinance regarding this application. Pickart explains the site and lists the resource areas that he determined to be on site, which include Land Under Ocean, Coastal Beach, Land Subject to Tidal Action (Velocity Zone), Coastal Bank, Land Subject to Coastal Storm Flowage and 100-Foot Buffer Zone. Pickart reviews his report and explains the Code of Massachusetts Regulation regarding construction in Coastal Storm Flowage. He states that it is his opinion that the area of construction is Land Subject to Coastal Storm Flowage. He does not believe there to be any significant wildlife habitat as the area is kept as manicured lawn. He notes that there should be no negative effect on the water quality, however he suggests that the runoff from the tennis court be infiltrated to the maximum extent possible. Pickart Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 3 of 10 suggests that there may be some ways to collect the rain fall from the tennis court and recommends that the flow be directed to a vegetated slope rather than rip rap. Hayes states that he is concerned about flooding on the site. He also notes that he is concerned that they are cutting into the back-side of the former dune for the compensatory flood storage and asks Pickart his opinion as to the necessity of flood storage compensation. Pickart states that he strongly advises against any excavation or disturbance behind the wall due to its remnant Dune status as disruption in this area may result in further destabilization of the seawall. Lang notes that the area takes a while to drain once it fills up, and can take a couple of days to empty and is concerned that the tennis court will create new problems in that regard. Hayes questions the dry wells and suggests that it might be best if it were grass. Dick explains that the infiltration trench around the tennis court, which is elevated above the 100-year flood, is designed to take the first inch of water from the tennis court. Lang opens up the hearing for public comment at this time. David Smith of Vine Associates addresses the Commission and explains that he is representing Mr. Wadsworth and abutter at 77 Paine Avenue. He states that the limit of the 100' Buffer Zone associated with the BVW on the Ve10nis property should be added to the plan. Smith expresses his concerns about the drainage from the project and its effect on Mr. Wadsworth's property but agrees with Mr. Pickart's assessment of the resources on site and appreciates his work on this review. Oliver and Eleanor Wadsworth address the Commission and express their concerns about the proposed fence immediately adjacent to the coastal bank and the arborvitaes proposed for the site noting that the water comes all the way to the top of the wall and will damage the trees and the fence posts, 68 of them 3 1Iz feet below grade will cause more erosion in the area and that this suggests large equipment will be rolling around to do this install and compacting this even more. They ask that the Commission deny the fence and plants. Cademartori asks Dick if the current proposal still includes flood storage compensation. Dick states that it does and explains the location on the plan. Joseph Haley, 79 Paine Avenue, addresses the Commission and expresses his concern about the drainage on the site. He notes that there should be a method of draining which is augmented to handle the additional water from the tennis court and suggests that the Commission require additional drainage for the extra floodwater. Maxner notes that the erosion control for the site is located tightly up against the tennis court and notes that she feels that the contractor will be asking to move it for better access. Dick states that he has no problem with that and thinks to move it on the plan would not be a problem. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Hayes seconds the motion. The motion carries 6-0. Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 4 of 10 New: 16 Bavview Avenue - Thomas & JoAnne Dohertv (applicant)/Robert & Michael Hubbard (owner) Maxner reads legal notice. Robert Griffin, Griffin Engineering, is present on behalf of the applicant. Robert & Michael Hubbard and Ms. Doherty are also present. Griffin explains that the Commission is familiar with the site and notes that a Certificate of Compliance was issued recently for 14 Bayview Avenue, which is just north of the subject property. He explains that they are proposing to raze an existing dwelling and construct a new single- family residence with an associated pool, driveway, utilities and landscaping within the 100-Foot Buffer Zone to Coastal Bank. Griffin notes that the Coastal Bank is well defined by a sudden and marked change in the topography. He also notes that the 100-year flood zone is depicted on the plan and explains the various elevations for this resource. He also notes that all of the work is well outside of the 25 foot NDZ with work being 36 feet at its closest point to the Bank. Griffin notes that the coastal bank is rocky and very stable and there are no potential concerns. He explains that half of the drainage flows to Bayview and the other half flows to the coastal bank. He explains that there will be an increase of impervious surface of 1,300 s.f., and they are proposing stormwater improvements with dry wells to capture and infiltrate the new stormwater flow, and explains the locations of the wells on the plan. He notes that there will be a planting bed in the front and behind the house and notes that they are planting evergreen, pine and spruce trees, noting that the layout of the house has been taken into consideration in order to save the mature vegetation on the site as much as possible.. He also notes that new water and sewer is proposed for the site. Griffin states that the plan is well thought out and well sited and they have met the performance standards of the bylaws. Hayes questions how much impervious surface will be around the pool. Griffin explains that it will be 600-700 s.f. and it will have surface drains that will infiltrate to the lawn. Hayes asks how far down they will hit bedrock for the pool excavation. Griffin explains the location of the pool on the plan and notes that they have some soil boring information from the subdivision proposal that leads him to believe it won't be a factor. He also explains that there will be bluestone decking and drains that will go to a splash pad and explains the system. Lang suggests that the Commission visit the site. Maxner suggests that the Commission visit the site on December 6, 2008 at 8:30 a.m. Lang suggests that they stake out the house and the pool areas prior to the site visit. Lang opens the hearing up for public comment at this time. Irene Foley of 10 Bayview Avenue addresses the Commission and expresses her concern that there is an existing septic system on the property. Griffin explains that the existing house is connected to the sewer system. He also notes that if they do find a septic system on the property they will remove it. Foley Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 5 of 10 noted that she went to the Board of Health to check it out and their records show that there is a septic system between the house and the bank. Anna Green of 4 Lawnbank Road addresses the Commission and expresses her concerns about the removal of the existing house and what is allowed in a coastal bank and its buffer zone. Lang explains that the applicant is not allowed to do anything without the approval of the Conservation Commission within 100 feet of a resource, in this case the coastal bank. He states that there is 25-Foot No Disturb Zone that is off limits but the Commission can approve activity and construction within the remaining 75 feet of the buffer. It was also noted that there is no work proposed in the coastal bank or the 25' NDZ. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to December 9,2008 pending a site visit on December 6,2008 at 8:30 a.m. Seconded by Hayes. Motion carries 6-0. New: Thissell Marsh - 376 Hale Street - Endicott Colle2e - Restore De2raded Salt Marsh - Dennis Monoco Maxner reads legal notice. Hunt Durey representing the Wetlands Restoration Program at the Massachusetts Office of Coastal Zone Management addresses the Commission and explains that the proposal is to restore a degraded salt marsh, daylight the culverted stream and replace a terminal culvert to increase tidal flushing. He notes that also present with him this evening is Barbara Warner of Salem Sound Coast Watch and Crag Wood of Louis Berger Group the design-engineering firm for the project. It was noted that work is to occur within multiple resource areas both coastal and inland to reclaim filled BVW and restore altered and degraded resources. He explains that it is a voluntary, proactive habitat restoration project with significant public interest, purpose and benefits. He begins his power point presentation and narrates as he moves through the slides. Durey explains that the site has almost every coastal and inland wetland resource area and almost all of the work proposed is within wetland resource areas. He notes that the entire site is proposed to be altered in various ways to undo the damage of the past and the goal is holistic restoration of resources to greatly improve the condition and function of the wetland system. Durey reviews the history of the site and the alterations that have been done in the past and notes that this is a partnership with Salem Sound Coast Watch and Endicott College. Durey reviews the existing conditions of the site and the effects of the resource area degradation, which resulted in tidal restriction, channelized brook and loss of tidal creeks, a filled salt marsh, which led to a severely degraded coastal wetland system. Durey explains how they evaluated their restoration options by assessing water quality problems, collecting data on hydrology, field survey, water quality, habitats and soils etc. He notes that they got approval of the resource area delineations in 2006 by this Commission and held numerous meetings and site visits with landowners, abutters and local, state and government officials. He also notes that they received MEP A approval of the project in early 2008. Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 6 of 10 Durey reviews the restoration elements of the project and notes that there are five primary restoration elements as follows: . Remove Centerville Brook from its confined channel and restore a natural open creek channel through the marsh. . Install a larger culvert through the dune to restore natural tidal influence to the marsh . Reconnect intermittent stream to the restore primary creek channel. . Remove fill from historic salt marsh areas. . Treat and then remove phragmites and roots to restore salt marsh Durey also noted that other project elements include: . Remove portions of intermittent stream pipes and infrastructure; plug and abandon the remaining pipe beneath the dune. . Construct a boardwalk across the marsh and the restored intermittent stream channel to maintain pedestrian and emergency ATV access to the beach. . Possibly create rainbow smelt spawning habitat at head of tide in the brook. . Remove a portion of the concrete seawall that extends out into coastal dune. Craig Wood addresses the Commission and reviews the construction access, staging and sequencing plans. He notes that there will be a temporary access road to the culvert and lower marsh work areas and a temporary access road to the staging area and notes the locations on the plan. Wood reviews the table of proposed resource area alterations with the Commission. He notes that the project is in compliance with the state Wetlands Protection Act and the Beverly Wetlands Protection Ordinance Regulations. They have come under the Limited Project status for BVW alteration. Durey explains that they are requesting two waivers regarding provisions of the Beverly Ordinance. One is the 25 foot NDZ and the other is regarding the alteration of wetland resource areas. Wood explains that Salem Sound Coast Watch has done three years of monitoring on the site and there is a five-year post construction monitoring plan proposed. He reviews the contingency plan and notes that any significant variations or potential remedial actions would be discussed with the Commission prior to implementation. Wood closes noting that there are both ecological and community benefits to this project and reviews them with the Commission. Hayes asks how long the project will take. Woods states that he anticipates that it will take 4-5 months noting that he is not sure if the schedule will include the college school year or not. Johnson asks why, if they are restoring the area to historic norm, they are having a culvert at all. Durey explains that they considered an entirely open channel system and explained that this concept was a non- starter with the abutters. Lang suggests that the Commission visit the site. Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 7 of 10 Johnson asks if the abutters are prepared for the increase in green head population. Wood stated that they met with Mosquito Control but he is not sure about green heads. He notes that they have data for three years on mosquitoes but they have never seen green heads. Cademartori requests that they email the FTP information to the Commission members. Durey states that he will forward the web site link. Lang opens the hearing up for public comment at this time. Jeff Mansfield of 41 Prince Street addresses the Commission and questions if the existing landscape of the beach will change. Wood states that the dynamic will be very similar to what is there now. Renee Mary of274 Hale Street addresses the Commission and expresses her concern that the she was not listed as an abutter to the property on the plans. She also notes her concerns about flooding. Jim Garrels of 37 Prince Street addresses the Commission and expresses his concern about the machinery entering the eastern side of the site. Wood explains the location and explains the proposed access to the site. Tom Foley, 10 Bay View Avenue, asks if the public's ability to access the beach will be impeded by the new boardwalk. Durey states that the College has never discouraged accessibility by the public in this area and do not plan to change that policy as a result of this work. Durey notes that funding will determine when the construction can occur as well as the time frame for Endicott College. Anna Green of 4 Lawnbank Road addresses the Commission and expresses her concern about the tide on the beach when all of this is done. Wood states that the tidal action will not change on the beach. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to December 9,2008 pending a site visit on December 6,2008 at 9:00 a.m. Hayes seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS New: Chapman's Corner Estates. DEP File #5-862 Hayes recused himself from discussion of this matter. Maxner explains that granite or stone markers are required along the 25' NDZ at 25' intervals and the applicants have asked that this be modified. Bob Griffin addresses the Commission and presents a plan and explains that they want to eliminate all of the monuments highlighted in blue, add the ones highlighted in yellow and keep the No Cut markers in Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 8 of 10 pink and use the split rail fence inside the circle to demarcate the 25' NDZ. He notes that they want to eliminate the markers where the split rail fence is. Lang states that a split rail fence is not permanent. Griffin states that they could drop the fence and put in some markers. Lang expresses his concern that people will commit violations and he wants to make sure that it is put on the deed to make it clear that they cannot do anything in that area. Cademartori suggests that they affix something to the fence indicating the NDZ and install markers on center of the property line. Griffin states that they could install granite 18 inches off the ground. Maxner suggests that they switch out the split rail fence for permanent granite markers and sprinkle a couple of markers at the lower wetland and a few in between along the lot lines so they are very visible in the field. Lang suggests that Griffin come back with a revised proposal at the next meeting on December 9,2008. Lang asks if there is any public comment at this time. Marie Alves, an abutter of the property expresses her concern about the location of the bottom of wetland A. Griffin reviews the proposed locations with Ms. Alves. New: 11 Greenwood Avenue. DEP File #5-866 - ReQuest for Extension - Jane Brusca Maxner explains that the applicant is requesting a second and final I-year extension to this order that governed the construction of a garage and other site work involving drainage. She explains that the garage is complete, but they have been working to get the grades just right to manage the drainage next to the garage and house and they finally got it right, but now they still need to plant this area. She notes that they are looking to plant ground cover as opposed to shrubs as it is very shallow to bedrock in this area and they don't want to tinker with the grades any further. Paluzzi moves to grant a one-year extension for 11 Greenwood Avenue. Hayes seconds the motion the motion carries 6-0. New: 71 Brimbal Avenue - Enforcement Order Follow Up Maxner explains that the Commission will recall voting to issue an Enforcement Order to Mr. Anthony Lanzillo for wetlands violations at 71 Brimbal Avenue, which he failed to comply with, and fines were assessed at $200.00 per day between June 1 and June 18 of2007, totaling $3,600.00. She explains that at the Commission's June 19,2007 regular meeting, she informed the Commission of her inability to contact Mr. Lanzillo or gain his compliance as well as the accruing fines especially since the property was heading into foreclosure and the Commission voted to cease the fines and record the Enforcement Order at the Registry of Deeds. Maxner reports that the property finally went into foreclosure this summer and Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 9 of 10 the bank owns it. The bank's real estate agent contacted her regarding the violations and the fines and proceeded to hire a contractor, who under her direct supervision, corrected the violations on site two weeks ago and the bank is due to close with a new buyer on Friday November 14th at which time a check for the fines will be cut and forwarded to her. She asks that the Commission vote to lift the EO. Cademartori states this vote should be contingent upon receiving the fine money. Members agree and Paluzzi makes such a motion. Seconded by Reilly. Motion carries 6-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on August 26,2008 and September 9, 2008 were presented for approval. Paluzzi moves to approve the minutes from the August 26, 2008 meeting as amended. Hayes seconds the motion. The motion carries 6-0. Paluzzi moves to approve the minutes from the September 9,2008 meeting as amended. Hayes abstains. Squibb seconds the motion. The motion carries 5-0-1 (one abstention). Order of Conditions 76 Paine Avenue. DEP File #5-980 - John Swansbur2 Hayes notes that the consultant for the Commission recommended that no compensatory flood storage is necessary and ill advised but the applicant or his consultant did not respond to that. Cademartori states that he is concerned that there would be some liability on the part of the Commission if they approve this plan as proposed. He believes it is fairly clear that excavating behind the seawall would put it at risk for further failure. Lang agrees and states that he does not think that the compensatory flood storage should be included. He also questions the fence at the top of the coastal bank and agrees that the placement of postholes will increase scour and erosion. Cademartori agrees and notes that it would be a future maintenance issue. Discussion ensues regarding project elements and potential special conditions. Paluzzi moves, based on the findings and testimony as discussed, to approve the project with the following modifications and subject to Standard Conditions and the following Special Conditions: '" The compensatory flood storage shall not be constructed and is therefore not permitted under this Order of Conditions; '" No installation of fencing or landscaping is permitted within the 25-Foot No Disturbance Zone; 1. Prior to any work or activity on site, a revised plan shall be submitted to the Commission showing the following revisions: Beverly Conservation Commission November 18, 2008 Meeting Minutes Page 10 of 10 1. The 100-Foot Buffer Zone associated with the off-site Bordering Vegetated Wetland/Salt Marsh located to the east on the Ve10nis property shall be called out on the plan; 11. The proposed hay bales and silt fence erosion control shall be shifted 10 (ten) feet away from the base of the slope of the proposed tennis court to allow room for any incidental construction equipment traffic, however no storage of construction equipment shall occur in this area; 111. The proposed slope of the tennis court shall be vegetated with native woody species to encourage stormwater infiltration and slow sheet flow. 2. The proposed property boundary planting bed shall be planted with native salt tolerant species to ensure their survival from periodic seawater inundation. Hayes seconds the motion. Dr. Johnson abstains. The motion carries 5-0-1 (one abstention). Cademartori suggests that Maxner place specific findings with the Order that detail VHB' s report and presentation and the Commission's decision for this project. Other Business Maxner informs the Commission that the Chapter 91 license for Glover Wharf is available for review. Maxner informs the Commission that the deed for 90-92 Boyles Street (DEP File #5-972 & 5-974) gift of open space has been approved by the City Solicitor and will be forwarded to the Beverly City Council for their approval. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 6-0. The meeting adjourns at 10:30 p.m.