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2009-01-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present January 13, 2009 Conservation Commission David Lang, Tony Paluzzi, Ian Hayes, Mary Reilly, and Bill Squibb Members Absent: Dr. Mayo Johnson, Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Certificate of Compliance 24 Cliff Street. DEP File #5-531- Kevin Lavfield Maxner explains that this Order, issued in June of 1996, governed the construction of a new single-family house within what was referred to in 1996 as 100-Foot Buffer Zone to Mean High Water. She notes that we would now refer to it as Riverfront Area and 100' Buffer to Coastal Bank. Maxner states that she visited the site and shows the Commission photos that she took and notes that there are no outstanding special conditions in the order. Paluzzi moves to issue a Certificate of Compliance for 24 Cliff Street, DEP File #5-531. Hayes seconds the motion. The motion carries 5-0. New: 1010 & 1012 Hale Street. DEP File #5-903 - Brookwood School Maxner explains that this Order, issued in February of 2006, governed abandonment of a sub-surface septic system per Title 5, and connection to existing municipal sewer system. Work took place within the 100-Foot Buffer Zone to BVW and Bank of intermittent stream and there were two Special Conditions, which were: 1) If any tanks are found during abandonment, they shall be removed; and 2) Prior to commencing work, a detailed dewatering plan shall be provided to the Conservation Administrator for review and approval. Maxner reports that she visited the site and the special conditions were complied with noting that there was a tank removed from the site according the Rick Chute the Facilities Manager who oversaw the work. Paluzzi moves to issue a Certificate of Compliance for 1010 & 1012 Hale Street, DEP File #5-903. Hayes seconds the motion. The motion carries 5-0. 4 Fosters Point. DEP File #863 - Andrew St. Pierre Lang recuses himself from discussion of this matter and Paluzzi assumes the Chair. Maxner explains that the Commission has received a request for Certificate of Compliance for 4 Fosters Point and notes that this Order, issued in December 2004, governed razing an existing single-family house Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 2 of 10 and rebuilding a new house roughly within the same footprint within Riverfront Area and Buffer to Coastal Bank. She explains that the project never commenced and the Order expired and the applicant is seeking to officially close this Order to show that no work was done under this Order. Hayes moves to issue a Certificate of Compliance for 4 Fosters Point, DEP File #863. Reilly seconds the motion. The motion carries 4-0. New: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Lang returned to the meeting at this time. Maxner informs the Commission that the applicant has requested a continuance to the next meeting of the Commission on February 10, 2009 in order to address comments from Maxner in her letter dated January 9, 2009. Paluzzi moved to continue the matter to February 10,2009. Reilly seconds the motion. The motion carries 5-0. New: Sam Fonzo Drive. DEP File #5-643 - Fonzo Realtv. LLC Maxner informs the Commission that the applicant has requested a continuance to the next meeting of the commission on February 10, 2009 in order to address issues of noncompliance. Paluzzi moved to continue the matter to February 10,2009. Reilly seconds the motion. The motion carries 5-0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 2 Non!:e Road - Mike & Han Cristoforo Maxner reads the legal notice. Mike Cristoforo is present to present his proj ect. Cristoforo explains that he is proposing to construct a 17' x 24' addition with a frost wall foundation, wrap-around deck and front entrance improvements, including a small mudroom and porch within the 100' Buffer Zone to BVW. He notes that the new foundation will be 55 feet from the edge ofBVW at its closest point and the edge of deck will be 40 feet at its closest point. He also explains that no vegetation will be removed for this project, as it will be within existing lawn area. Maxner states that she has been to the site and recommended that they have the wetlands professionally delineated, which they did. She notes that the addition is out of the NDZ and agrees with the distances of the closest point to the wetland and the edge of the BVW. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 3 of 10 Hayes questions if the surface under the deck will be gravel. Cristoforo states that he will just leave it as lawn. Lang asks if there is any public comment at this time. There is no one present who comment on the matter. Maxner recommends a Negative # 3 with conditions requiring erosion control installation and that she inspect it prior to construction. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination with a special condition that erosion control be installed and an administrative inspection of such be conducted prior to construction. Hayes seconds the motion. The motion carries 5-0. Recess for Public Hearim!: Paluzzi moves that the Commission recess for public hearings at this time. Hayes seconds the motion. The motion carries 5-0. NOTICE OF INTENT New: 4 Fosters Point - Andrew St. Pierre Lang recuses himself from discussion of this matter, and Paluzzi assumes the Chair. Maxner reads the legal notice. Dan Ottenheimer is present for the applicant, Andrew St. Pierre who is also in attendance. Mary Rimmer is present also to represent the applicant. Ottenheimer addresses the Commission and explains that the applicant is proposing to demolish the existing house and build a new single-family house as well as construction of fixed pier, gangway and floats within Riverfront Area, Coastal Bank, Salt Marsh and 100' buffer zone. He explains that the location of this dwelling is a little farther back from the river than the previous proposal and it is a smaller house. He also notes that the site will be improved by removing existing pavement from the driveway and the side of the house and installing pervious paving stones. Ottenheimer explains that they are proposing to plant native vegetation along the side of the dwelling, noting that they have not prepared a planting plan as of yet and requests that the Commission consider approving the project without it at this time and allowing them to submit it to Maxner for review prior to the completion of construction. He explains that the construction of the pier will consist of fiberglass pilings, which will be hand installed and a float system. He notes that the float will be in line with other floats that exist on either side of the property and there will be no interference for navigation. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 4 of 10 Reilly asks what materials they are planning to use for the construction of the dock, noting that she would prefer to see it be untreated wood. Ottenheimer explains that they have not specified the material yet but that it will not be treated with CCA. Paluzzi asks if the house will have a full foundation. St. Pierre explains that the new house will have a unusable basement of aobut 3 feet of crawl space and explains the history of flooding on the site, noting that the bottom floor of living space will be one foot above the flood elevation. Maxner asks if it will have flood openings to allow floodwaters to pass back and forth. Ottenheimer states no openings are proposed. Hayes asks to have the float at the end of the deck explained. Ottenheimer explains that they are proposing stop collars so it will be suspended at two feet above the mud flats as required by ACOE. Hayes asks what the life span of the fiberglass pilings is. Ottenheimer states that they are top notch products according to the manufacturer and they are expected to last for many years. Reilly asks if the gang way and the floats will be pulled up in the winter. Ottenheimer explains that they will be floated to another location in the area for winter storage. Maxner asks how they plan to get the machinery on the site for the demolition. Ottenheimer explains that this will be a phased project and the demolition and building of the house will be done first. He notes that they will provide dumpsters for the debris from the demolition and concrete trucks will pour the foundation for the house. Maxner asks about the current condition of the salt marsh. Ottenheimer notes that Mary Rimmer did the evaluation. Rimmer explains that she found the salt marsh to be pretty sparse, and closer to the house it is a little denser. Maxner asks if there is any opportunity to enhance it. Rimmer notes that she did not study if extensively and she is not sure what is preventing growth. Squibb states that he has concerns about the plastic dust going into the river when the pilings are cut. Ottenheimer states that he will check with the manufacturer to see what methods are used to prevent that. Maxner notes, that there is a large tree on the easterly side of the property, and asks if they plan to protect it and asks for an explanation of what work is proposed within the 25' NDZ. Ottenheimer notes that the tree does not appear to be that healthy and that they are planning to remove it and replace it. Reilly asks if the area between the house and the water will remain lawn area. Ottenheimer states that they have no plans for this area, noting that it could come back as a salt marsh. Reilly states that she would prefer to see it not kept as a lawn but rather enhanced with some native woody vegetation. Maxner suggests that the Commission visit the site. Paluzzi and Squibb agree. Reilly questions how much the Commission will be able to see with a snow cover on the ground now. Hayes notes that the on the previous plan approved by the Commission the tree on the easterly side of the property was discussed at length and the order of conditions specified that the tree should be kept and protected. Ottenheimer explains that the prior proposal was for a one story dwelling and this is for a two Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 5 of 10 story dwelling they have concerns that if they leave it and it has to be removed in the future it will be difficult to get the equipment in to remove it. Reilly states that she would like to see a planting plan before the Commission issues an Order of Conditions. Ottenheimer states that they could present one at the next meeting. Squibb asks what their time frame for construction is. Ottenheimer explains that once the approval process is complete they hope to start construction in the spring. Paluzzi opens the hearing up for public comment at this time. Joan Murphy of36 Longmeadow Road addresses the Commission and states that she would like to know what the contractor can do to prevent the fiber glass dust from going into the river. David Lang of2 Fosters Point addresses the Commission and notes that the house that was previously permitted for the site was a 2 1Iz story building, not a single story. He also notes that a certified arborist has looked at the tree in question on the easterly side of the property and has determined that it is perfectly healthy and he would like to see them save the tree as he and his wife have had it pruned and looked after over the past few years. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to the next meeting on February 10, 2009 to allow time for the applicant to submit a planting plan and allow members of the Commission to visit the site if they wish. Reilly seconds the motion. The motion carries 5-0. New: 53 Lothrop Street - Lisa & Robert Hubbard Lang returns to the meeting at this time. Maxner reads the legal notice. Bob Griffin, Griffin Engineering is present on behalf of the applicant as well as Robert and Lisa Hubbard and their Attorney Marshall Handley. Griffin addresses the Commission and explains that the applicants are proposing to construct a fixed pier with a gangway and floating dock to extend from the Coastal Bank to approximately Mean Tide on Land Subject to Coastal Storm Flowage, Coastal Beach and Land Containing Shellfish. He explains the plans to the Commission. He notes that the proposed pier will stick out 64 feet from the concrete seawall. He also notes that there are wooden stairs that need to be repaired for access to the wall from the top of the seawall. He explains that the elevation of the pier is 19 feet and the top of the wall is 12 feet so they need the additional stairs to traverse the 7-foot change in grade. Griffin explains that the purpose of the pier is for swimming and recreational purposes and is not suitable for large boats. He notes that they can use small kayaks etc. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 6 of 10 Griffin states that they are proposing to use 12" pressure treated lumber for the pier because it is strong and robust and can withstand coastal storms as this area experiences wave velocity. He referred to an existing pier at 75 Lothrop Street that was built in 1985 and has stood up very well but is not constructed as intensely as this one will be. He also explains that this is land containing shellfish and the pier will not affect the water circulation in this area. He also notes that there will be stone around the pilings to prevent scouring. He explains that there is a 42" City sewer line that is approximately 20 feet off the seawall, and they will do borings to ensure they do not disturb this pipe. He states that the pilings will be 20 feet apart and the decking will be 15 feet above grade to allow ample room for any maintenance activities for the pipe. Griffin explains the permitting needed for this project and notes that a Chapter 91 License is needed but approval of the Army Corp of Engineers is not needed because it does not trigger the square footage threshold. Lang asks how they intend to drive the piles closest to the coastal bank. Griffin explains that they expect to vibrate them in and explains the techniques that they want to use. He notes that they want to stay away from the sewer line. He also notes that they will be doing some borings first to make sure there is no ledge and that the soil conditions are amenable to the pilings. Squibb asks how many borings they will be doing. Griffin explains that they are doing at least one and possibly two and explains the proposed locations. Maxner notes that she talked to the Engineering Department regarding the sewer and notes that there is a right of way and not an easement. She also cautioned that it is always under pressure and the Engineering Department placed a concrete block on top of it further to the east where it is closer to the surface and the City Engineer wanted to make sure they were aware that this pipe is always pressurized. Paluzzi questions how they will get the machinery down there to drive the piles. Griffin states that they can access the area from Independence Park. Reilly questions if they would consider any alternative material rather than use the proposed treated wood. Griffin explains that they are proposing to use pressure treated lumber for the pier because it is strong and robust and can withstand coastal storms. Paluzzi asks where they will construct the pier. Griffin explains that they will probably do most of the work from the deck once it is constructed. He stated that it does not make sense to do the work on the beach. Lang asks if the gang way can be hoisted during storm events. Griffin explains that they can hoist the gangway and notes that the float will be floating for about 60% of the tidal cycle and explains how it will not sit on the beach at low tide. Reilly asks ifDEP has made any comments on this project. Maxner states that there have been no comments but it is still under review. Lang suggests that the Commission visit the site. Discussion ensues regarding the tide schedule. The Commission will visit the site on Saturday, January 24, 2009 at 8:30 a.m. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 7 of 10 Lang opens the hearing up for public comment at this time. Sam Miller of 52 Lothrop Street addresses the Commission and expresses his concern about the sewer pipe. Griffin explains the location in relation to the proposed dock. Fred Nichols addresses the Commission and expresses his concern about public access to the beaches. Griffin explains that there will be unimpeded access to the beach. Jonathon Salt of 60 Lothrop Street addresses the Commission and expresses his concern about the floating dock and the safety of it for swimmers. Lang explains that it floats up and down with the tide. Griffin explains the mechanics of the dock and notes that it is safe for swimmers. Fay Salt of 60 Lothrop Street addresses the Commission and asks what permits they need for this project and when they would start construction. Griffin explains they need approval from the Conservation Commission and a Chapter 91 License. He explains that it is unusual to get through the Chapter 91 License process in not less than 3-4 months and estimates that they may be ready for construction in the fall. Squibb asks if SESD has any input in this because of the sewer. Griffin states that the City of Beverly owns the sewer so SESD would have no input. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to the next meeting on February 10, 2009, pending a site visit on January 24,2009 at 8:30 a.m. Hayes seconds the motion. The motion carries 5-0. OLD/NEW BUSINESS Cont: 232-234 Essex Street. DEP File #5-985 - Walker Realtv Trust John Dick of Hancock Environmental is present on behalf of the applicant. Dick addresses the Commission and explains that the new narrative specifies the number and location of proposed plants and includes additional plantings within the newly reclaimed 25-Foot No Disturb Zone where the old plan only called for an herbaceous seed mix. Dick explains the proposed planting plan to the Commission. He explains that trees will be planted along the embankment and notes that they are not proposing to remove any trees. He also explains that they are proposing to plant low shrubs in the 25' NDZ area to keep it low and notes that they will be 4-6 feet at maturity, and he is specifying142 plants 2 to 3 foot conservation grade. He explains that they will plant early in the planting season. Lang notes that the proposed trees are small. Dick explains that they are a comfortable size for this area and notes that they do not want to dig big holes next to the embankment. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 8 of 10 Maxner states that she is comfortable with this plan as it gives her a much clearer idea of what to expect in the field. There being no further questions or comments regarding this matter, Paluzzi moves to approve the planting plan for 232-234 Essex Street. Reilly seconds the motion. The motion carries 5-0. New: Bass Haven Yacht Club - John Haves - Discussion re2ardim!: dred2in2 Bass River John Hayes, Don Comer, and Bob Davenport are present at the meeting representing the Bass Haven Yacht Club. Hayes addresses the Commission and explains that they have been investigating the Bass River for years and met with Harbor Management Authority member Don Neuman and Thatcher Keizer years ago regarding plans to use grant money for test borings in the Bass River. He explains that at the time they offered to help out financially but they never heard back from anyone. Hayes states that additional problems are come up since the repair of the seawall at McPhearson Park in that a sandbar has grown and it is a navigational hazard. Maxner reported that she talked to Don Neuman and the entire Bass River has been tested and the results have been sent to the Army Corp of Engineers. She also reported that Neuman noted that the tests showed that if dredging is done, disposal of the material at sea would be permitted. She also notes that the City has no money for the dredging at this time, but there is a possibility of funding from the state department of waterways. Hayes notes that he talked with Mike Collins and Lou Bochynski and they both concurred that it is not the City's problem. Hayes asks how the Commission would feel if the Bass Haven Yacht Club hiring a contractor to remove the sandbar. Lang states that they would have to get the proper permits and approvals for the project. He also cautioned that there could be PCB's in the sediment, noting that it has been rumored for years it could be the result of the operations of the Shoe. Hayes thanks the Commission for its time and recommendations. ReQuest for Minor Modification. DEP File #5-988. West Street - Mass. Electric Alicia Kabir, ERM, addresses the Commission and explains that Mass Electric has requested a modification to the approved plan to relocate the handhole. She explains that the Army Corps would not permit the handhole to be located within Salt Marsh, therefore it will be moved 25 feet to the east and outside the salt marsh. She explains that the trenching and placing conduit within the salt marsh is still part of the project as previously proposed with some additional trenching in the marsh to extend the underground conduit to the handhole. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 9 of 10 There being no further questions or comments regarding this matter, Paluzzi moves to issue a Minor Modification to the utility project on West Street, DEP File #5-988. Hayes seconds the motion. The motion carries 5-0. New: ReQuest for Extension. DEP File #5-867 - John Swansbur2 Maxner explains that the Commission has received a request for extension for the Order of Conditions governing the construction of the house and rehabilitation of the seawall. Mr. Swansburg has yet to complete work on the seawall. John Dick explains that they are requesting a one-year extension, as his client would like to do the work concurrent with the tennis court. He also explains that there is a section of the seawall where smaller stones were place will need to be reinforced with the requisite size rip rap, but otherwise it is in pretty good shape. Lang explains that certified plans will be needed to for the as built condition to get a Certificate of Compliance. Discussion ensues regarding the seawall and the seawall on the neighbor's side and how to handle that. Dick states that he doubts that the design engineer will stamp the as-built and that he as a surveyor will most likely certify as-built conditions. There being no further questions or comments regarding this matter, Paluzzi moves to issue a 1 year extension for the Order of Conditions for DEP File #5-867. Hayes seconds the motion. The motion carries 5-0. Maxner reminds Dick that this is the last extension that is available for this Order, all work needs to be completed by this time next year. Dick states that he understands and will pass that along to his client. Cont: Beaver Pond Road - Open Space Parcel #2 CR Lan2ua2e The Commission reviews the draft CR Open Space Language. Maxner reads comments from Dr. Mayo Johnson who is not present at this meeting. Much discussion ensues regarding sections that allow for disturbance under exclusions, members agree this parcel is too small to allow any disturbance related to the exclusions and recommends that Maxner impart the Commission's consensus on this draft language. Maxner will convey the suggested revisions to the applicant's attorney. New: Expenditure Approval for new Tvpewriter Maxner explains that the Planning Department secretary is struggling with an old and failing typewriter which causes her to whiteout and re-type sections on our final permits. She requests that the Commission authorize the expenditure of up to $200.00 to purchase a new typewriter. Beverly Conservation Commission January 13, 2009 Meeting Minutes Page 10 of 10 Squibb moves to approve an expenditure of up to $200.00 for the purchase of a new typewriter for the Planning Department. Paluzzi seconds the motion. The motion carries 5-0. Approval of Annual Stipend for Conservation Administrator Maxner presents a request for the approval of the $5,000 stipend for Conservation Administrator Amy Maxner. Squibb moves to approve the authorization of the $5,000 stipend for Conservation Administrator. Paluzzi seconds the motion. The motion carried 5-0. Approval of Milea2e Maxner presents a request for the approval of expenditure in the amount of $221.80 for mileage she incurred for Commission business. Paluzzi moves to approve the expenditure in the amount of $221.80 for mileage for Amy Maxner. Hayes seconds the motion. Motion carries 5-0. Squibb notes that .20 cents per mile is low and suggests that if the Planning Department or the Mayor approve it the amount should be raised to .40 cents per mile. Members agree. Hayes moved to amend the motion to approve the mileage request for Maxner to .40 cents per mile if the Mayor or the City Planner approves the amount. Reilly seconds the motion. The motion carries 5-0. Approval of Minutes There were no minutes presented for approval this evening. Order of Conditions There were no Orders of Conditions to be issued this evening. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Hayes seconds the motion. The motion carries 5-0. The meeting adjourns at 9:30 p.m.