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2009-03-10 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present March 10, 2009 Conservation Commission David Lang, Tony Paluzzi, Ian Hayes, Mary Reilly, and Bill Squibb, Dr. Mayo Johnson, Gregg Cademartori Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Certificate of Compliance Cont: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that this item is continued to the May 12, 2009 meeting to allow time for several issues of non-compliance to be addressed and spring-time observation of the vernal pools and areas of wetland disturbance. Cont: Sam Fonzo Drive. DEP File #5-643 - Fonzo Realtv. LLC Maxner informs the Commission that the applicant has requested a continuance to the Conservation Commission meeting on March 31, 2009 and no discussion will be held this evemng. Paluzzi moves to continue the matter to March 31, 2009. Hayes seconds the motion. The motion carries 7-0. Recess for Public Hearim!:s Paluzzi moved to recess for public hearings. Hayes seconds the motion. The motion carries 7-0. NOTICE OF INTENT Cont: 4 Fosters Point - Andrew St. Pierre - Demolition of Existin2 House/Construct New Sin2le Family House and Construct Pier. Gan2Way and Float Lang recused himself from discussion of this matter. Paluzzi assumes the chair. Dan Ottenheimer addresses the Commission and explains that they were at a standstill at the last meeting regarding the tree that is located between 2 and 4 Fosters Point and their proposal to remove it. He notes that they have formally withdrawn their request to take the tree down and have looked at various options for relocating the house to minimize impact to the tree. He Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 2 of 10 explains their options and notes that they have submitted drawings for both options and they have moved the house as far away from the river as zoning will allow. Paluzzi suggests that they canter lever the support pier. Ottenheimer explains that the area is mucky soils and that is not possible, as they need the support that the pile would provide. He also notes that they have moved the pier over to be away from the roots of the tree. He suggests that it could be possible to canter lever it with heavy steel and he would check with the structural engmeer. Deschene, the applicant's architect, addresses the Commission and explains the location and the variables involved with positioning the house on site. Reilly asks if the footings will go below the ground. Duschene explains that they have to be four feet below and has to set below the frost line. Cademartori inquires what the dimensions are from the tree to the chimney. Ottenheimer explains the dimensions and notes that they have shifted with the plan. Cademartori states that it would be nice to see a comparison of the pier plan with the house plan. Johnson asks if there is any proposed mitigation. Ottenheimer explains that they are re- establishing vegetation and explains the areas on the plan. He also explains the types of plantings proposed, sea grass, native shrubs and plants. Squibb asks if they are proposing stone walkways or pavement on the site. Ottenheimer explains that they are significantly reducing the amount of pervious surface on the site and walkways will be pervious pavers. Maxner questions if the plants will be New England coastal salt tolerant, not salt marsh plants and if they will be left to grow or maintained as a lawn. Ottenheimer explains that the existing lawn area will be removed and planted and allowed to naturalize. He also notes that 6 white cedars will be planted along the property line. Paluzzi opens the hearing up for public comment at this time. David Lang of2 Fosters Point addresses the Commission and states that a 4X4 support pier might be disruptive. He also notes that there are no dimensions shown for the new plantings. He also expressed concern about the floats in relation to property lines. Ottenheimer states that in the initial plan with accompanying the filing the dock was depicted. Maxner questions if they looked at the location of the dock in relation to the property setbacks. Ottenheimer states that it is noted on the plan. Hayes asks what the distances to the property lines are to the proposed pier. Ottenheimer explains and refers to the plans noting that it isn't depicted on the plan before the Commission. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 3 of 10 Paluzzi requests that they furnish the Commission with the information regarding the dimensions from the property line to the pier. Hayes recommends that the Commission could condition the project so that a fully revised plan is received prior to the start of construction. Cademartori asks if there is an existing Chapter 91 license on the property. Ottenheimer states that they are in the process of pursuing a Chapter 91 license. Paluzzi asks members which proposed plan they prefer. He notes that he prefers the plan that is labeled as "shifted". Reilly and Hayes agreed. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 6-0. New: ReQuest for Amended Order of Conditions: Old Ferry Landin2. DEP File #5-881 - City of Beverlv Maxner reads legal notice. Susan St. Pierre and David Vine from Vine Associates are present for the applicant, the City of Beverly. St. Pierre addresses the Commission and explains that this Order of Conditions governs the demolition and re-construction of a two-story Harbormaster building; repair and reconfigure floating dock systems and utility services; install a handicap access ramp and a handicap accessible float system on the public pier; minor repairs to existing seawall; other landside improvements include repaving and replacement of access ramp to public pier at the City-owned Ferry Landing site. St. Pierre explains that the this request for Amendment seeks to include work involving replacement of existing wharf, installation of new sheet pile wall, replacement of floating docks and handicap access pier and other improvements. She shows photos of the condition of Glover Wharf. She explains that they are proposing to install sheet pile in front of the seawall and backfill behind the sheet piling. They are also proposing to reconfigure and install floating slips in the recreation marina. She notes that the City of Beverly has included this project on a list of shovel ready projects that the federal government stimulus money is considering this project for funding. Lang asks for additional explanation of the sheet pile. St. Pierre explains that it is coated sheeting that will be canter levered and explains the installation process. She notes that they are running the grade so that they will be at the 100-year flood. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 4 of 10 Lang questions where they will relocate the building. St. Pierre states that the location has not yet been determined. She also notes that a new building is shown on the plan, but the decision as to whether demolish or move the existing building has not been made. St. Pierre notes that Chapter 91 allows 1-2 feet in front of the wall and back filling. Hayes asks about the layout of the new dock and floats. St. Pierre states that the new dock and floats will be slightly reconfigured. She explains that they worked with Lou Bochynski and tried to create a situation for better maneuvering space. She states that they will provide as built plans, which will show the locations. Vine explains the locations where the borings were taken and notes that they have a pretty good idea of how far they can go below grade. Maxner states that she would like the resource area impact calculations for the new piles. She also asks how the sheet piles will get installed. St. Pierre explains that they will use a large crane from the land side and that they may do some vibrating and there would be some impact for about 30 feet. She estimates that it could take 4-6 weeks to install all of the sheet pile and they will use silt booms to contain any stirred up sediment. Squibb asks what kind of equipment would be used for the vibrating/pounding. St. Pierre explains and notes that it would be done in phases and they would back fill with crushed stone and use concrete at the end. Paluzzi asks what the size of the crushed stone would be. St. Pierre explains that it would be 1 1Iz - 2 inches maximum. Paluzzi asks what the life span of the steel sheet is. St. Pierre states that it is about 40 years. She explains that ML W is usually what executes the corrosion and they are pretty much out of that area. Squibb asks about the status of the Harbormasters Building and the Marian Managers Building. St. Pierre explains that the new building will accommodate both offices. Squibb questions if there is any historic significance to the building that is proposed for possible demolition. Bochynski explains that there is no historic significance as it was built in 1984. Squibb suggests that the Commission visit the site. Some members thought that there was no need as members are very familiar with the site. St. Pierre notes that there is an existing storm drain line that is 18" and the sheet pile will accommodate that. Paluzzi notes the proposed crushed stone and asks where the water will go. St. Pierre explains that there will be weep holes installed. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 5 of 10 Lang opens the hearing up for public comment at this time. Jonathon Silver, representing Beverly Port Marine addresses the Commission and expresses concern that a request to amend an existing order of conditions is not appropriate for the amount of work that is being proposed and that it should be a new filing for a Notice ofIntent. He explains that this is new work proposed for parcel 85 and the previous order is for parcel 86-87. He also states that this process does not allow for DEP review. St. Pierre notes that the amendment has been forwarded to DEP. Cademartori questions the relocation of the harbormasters building in this filing. St. Pierre explains that it was approved in the original filing, and notes that even thought the building is moved closer to the wall it is still a walkway. She also notes that she sent a copy of the proposed plans to DEP for review and they received it. St. Pierre also explains that an amendment to the existing order of conditions is appropriate because all three parcels are city owned. Lang agrees noting that they are very similar plans and do not affect the resource areas as all of the parcels are in similar condition and subject to similar usage. Lang notes that the 2005 plan shows the harbor masters building 10 feet from the seawall. St. Pierre explains the plan. She shows the Commission photos of the site and the location of the walkways both existing and proposed. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. OLD/NEW BUSINESS New: Site Plan Review -1 Water Street. City of Beyerly/Joseph Leone. Black Cow Restaurant - ReQuest for Comments from Plannin2 Board Maxner explains that this project will be coming to the Commission under a NOI very shortly, however the Commission may wish to provide cursory comments in advance. Discussion ensues regarding stormwater management and water quality treatment, which member agree are the main points of focus for this project and surrounding resource area. Cademartori notes that a full stormwater management plan and 0 & M plan is obviously expected as part of the NO!. Lang notes that it appears that the building has been moved forward 40-50 feet towards the seawall and questions if this puts it in the NDZ. Maxner states that it looks like it is out of the NDZ. She also notes that the Commission will get to review this project in more detail and be able to fully address NDZ issues. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 6 of 10 Paluzzi expresses concern that there could be increased roof runoff and hopes that infiltration of roof runoff is infiltrated to some extent. Cademartori states that he would like to see a grading plan in relation to raising the wharf as part of this site plan as runoff to neighboring properties will need to be controlled as well. Maxner states she will draft a letter to the Planning Department encapsulating the Commission's discussion and forward to members for review and approval before sending it. Beaver Pond CR Maxner reports that the City Solicitor has yet to review this and therefore she would like the Commission to conditionally approve it barring any objections or issues raised by the Solicitor and once that review is complete, she will have Chairman Lang sign it. Hayes states that he would rather wait for the Solicitor to review it. Lang agrees and notes that the Commission should wait for the Solicitor. Members agree to table this item until the Solicitor provides his review and approval. New: 37 Sohier Road - Russell Banks - Duck Pond Maxner addresses the Commission and explains that she is looking for the Commission to render a determination as to whether it considers this a jurisdictional resource area or not. She explains that she received an email from Ward 3 Councilor John Burke relating a complaint that he received from a constituent about her neighbor, Russell Banks of 37 Sohier Road, who has a pool in a wetland area without the proper permits. She notes that she did some research and it seems that the pool has been there for many years and based on the GIS aerial photos it looks like there is a small isolated wet area on the property. She also explains that Carol Kilbride from EP A has received complaints from a neighbor regarding concerns about the discharge of the pool water and Ms. Kilbride contacted her to follow up, as EP A does not have jurisdiction. She notes that she provided the members a copy of her letter to the Banks about pool drainage into a wetland as well as copies of materials provided by the Mr. Banks on how he hand dug this small duck pond. Mr. Banks addresses the Commission and explains that the pond is a manmade pond and is only about a foot deep. He states that he has had the pool for 14 years and does not believe this duck pond to be a wetland. Lang states that it might be best for the Commission to conduct a site visit and look at site conditions to make a final determination. Hayes notes that if it is less than 10,000 s.f. then it is not a pond and he thinks it dries out in the summer. He also notes that rainwater collects there and questions if there is a discharge pipe exiting the depression. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 7 of 10 Members agree to visit the site on their own prior to the next meeting and report their findings at the next meeting. Bass River Plaza. DEP File #5-926 - Bass River JDS - ReQuest to modify pavin2 Maxner explains that Bass River Plaza is proposing to extend pavement to be flush with the old flooring building by two additional feet and asks if this work needs any formal review. She provides a plan to show the area of proposed paving. She notes that she talked with Bob Sheehan and they are working on getting a formal planting plan for the area between the parking lot and river walkway. Brief discussion ensues regarding the change in paving. Members agree that this is a very minor change and agree that no formal application or further review by the Commission is necessary. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on February 10, 2009 were presented for approval. Paluzzi moves to approve the minutes as amended. Johnson seconds the motion. The motion carries 7-0. Orders of Conditions ReQuest for Amended Order of Conditions: Old Ferry Landin2. DEP File #5-881 - City of Beverly Discussion ensues regarding special conditions for the amendment. Lang suggests that the condition regarding capturing cuttings, chips and dust to protect the resource area be incorporated into this Amendment. Paluzzi suggests that they be required to use a boom. Maxner will incorporate the original Order of Conditions as well as these new conditions into the Amended Order. Cademartori asks if the relocation of the Harbor Masters building requires site plan review by the Planning Board. He notes that it is his understanding of the original application that there was parking lot regrading and resurfacing. Maxner states that she is not aware of site plan review requirement. Lang states that he does not think that the drainage will change. Lang suggests that if there is a concern about the building, the Commission can stick to the original plan and leave the change in location out of this amended Order. It was agreed that a modified site plan and drainage plan shall be submitted to the Commission to be reviewed by Maxner when the decision is made regarding the harbor masters building. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 8 of 10 Approval is contingent upon Chapter 91 License approval. Paluzzi moves to issue an amended Order of Conditions for Old Ferry Landing, DEP File #5-881 - City of Beverly with the following Special Conditions: 1. Fuel spill containment system shall be on site prior to construction. 2. Ifwood decking of public pier is to be replaced with a concrete surface, plans for such shall be submitted to the Commission for review. 3. Prior to start of construction, a modified site plan shall be submitted to the Conservation Commission depicting drainage revisions as necessitated by the reconfiguration of the parking lot shown in "Proposed Work Plan Beverly Harborfront Improvements, prepared by Vine Associates, Inc., Scale 1"=60' Sheet 3 of 4, dated Feb. 2009"; 4. Prior to start of construction on the seawall or installation of new piles a boom shall be installed to prevent any suspended sediment from reaching into the harbor. 5. All demolition debris shall be removed from site and construction materials shall be contained properly. 6. All the shavings and cuttings of any CCA-treated lumber, if used, shall be collected, using vacuum means wherever possible, during construction. No lumber, cuttings or scrap shall be permitted to fall into the water, beach or land under the ocean during construction. 7. If a barge is required to accomplish any work on the project, it shall be floated in during high tide and it may sit and be elevated on spuds on the beach at low tide and shall not be allowed to bottom out on the beach. Johnson seconds the motion. The motion carries 7-0. 4 Fosters Point - Andrew St. Pierre - Demolition of Existin2 House/Construct New Sin2le Family House and Construct Pier. Gan2Way and Float Lang recused himself from this discussion. Paluzzi recommends Standard Conditions for the project. Maxner reviews draft special conditions that she has prepared for the project. Discussion ensues regarding the location of the deck and the construction of it. Members review the plans. Discussion ensues regarding the Riverfront regulations and elements of the plan that are in compliance with these regulations and which elements cannot be allowed or are not in compliance. Maxner states the Commission can allow the deck to be within the footprint of the old house and deck and that would not bring any hard structures closer to the river and still provide a decent sized deck. Hayes suggests that the applicant should be allowed to go out to the extent of the existing deck but no further than the existing deck, as that would keep them in compliance with the Riverfront regulations. He also suggests that they should submit plans showing the exact location of the pier complete with landscaping. Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 9 of 10 Reilly suggests that they should use certified weed free hay bales on the site. She also states that she would like to see the planting area maintained as a natural area, and no mowing shall be done. Further discussion ensues regarding the draft special conditions. There being no further questions or comments regarding this matter, Johnson moves to approve the Order of Conditions for 4 Fosters Point with Standard Conditions and the following Special Conditions: 1. As detailed in the Findings section of this Order of Conditions, the new proposed deck shall not be constructed further toward the water than the limit of the existing deck. 2. Prior to any work commencing on site, a comprehensive project plan shall be submitted showing all of the proposed work, resource areas, buffer zones and 25-Foot No Disturb Zone as well as proposed erosion control, outline of existing footprint of house to be razed, approved footprint of new house, all walkways and driveways, the proposed pier, ramp and float system with compliance setbacks distances to abutting property lines. The proposed landscaping and mitigation planting plan and plant list shall also be depicted on this plan. 3. Prior to construction, an orange snow fence shall be installed in a ring at least 8 feet from the trunk of the 48" maple tree in order to protect the root system from being unnecessarily impacted by work on site. 4. Haybales to be used for erosion control shall be "certified weed-free" bales. 5. In order to avoid and minimize soil compaction and impact to the wetland resources, all construction equipment and related machinery shall be operated and maneuvered from within the existing footprint of the existing house. 6. As described in the Notice ofIntent and discussed during the public hearing, all proposed driveways and walkways shall be constructed with pervious materials to maximize stormwater infiltration. 7. All the shavings and cuttings of the pier and ramp materials shall be collected, using vacuum means wherever possible, during construction of the pier, ramp and float. Lumber or any other construction related material, cuttings or scrap shall not be permitted to fall into the water, salt marsh or coastal bank during construction. 8. To allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i. e. 1: 1 ratio) and the individual deck planks of the structure shall be spaced at least % inch apart. 9. All floats and marine craft shall be floated off site at the end of the season and shall not be stored on site. 10. Mowing of the mitigation planting area shall be prohibited in perpetuity. 11. Vista pruning of mitigation plantings as they mature or if it becomes necessary is allowable in the future with at least 72 hours notice to the Conservation Administrator. Paluzzi seconds the motion. The motion carries (6-0). New: 90 & 92 Boyles Street. DEP File #5-972 & 5-974 - Loosestrife Mana2ement Plan- Discussion Beverly Conservation Commission Meeting Minutes - March 10, 2009 Page 10 of 10 Lang returns to the meeting. Maxner reports that Brian Butler has provided a more detailed protocol for the treatment of the loosestrife at 90-92 Boyles Street. She suggests that a condition of the approval should be that Butler be onsite during the application. There being no further questions or comments regarding this matter, Johnson moves to approve the plan for Loosestrife Management for 90-92 Boyles Street, DEP File # 5-972 with a condition that requires a qualified wetland scientist to be on site during each application. Paluzzi seconds the motion. The motion carries 7-0. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 7-0. The meeting adjourns at 9:30 p.m.