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2009-03-31 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present March 31, 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 Lang calls the meeting to order at 7:05 p.m. Certificate of Compliance Cont: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner informs the Commission 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. There being no further questions or comments regarding this matter, Paluzzi moved to continue the matter to May 12, 2009. Hayes seconds the motion. The motion carries 5-0. Cont: Sam Fonzo Drive. DEP File #5-643 - Fonzo Realtv. LLC Maxner informs the Commission that the applicant's representative has requested that this matter be continued to the April 21, 2009 meeting of the Commission. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to April 21, 2009. Hayes seconds the motion. The motion carries 5-0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 134 McKav Street - Beverlv Golf & Tennis Club Maxner reads the legal notice. John Dunn, City Finance Director is present for the applicant the Beverly Golf & Tennis Club. Dunn informs the Commission that the Beverly Golf and Tennis Club is proposing to erect a metal storage/maintenance building within the same footprint of a gravel golf cart storage area Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 2 of9 that is currently fenced off and adjacent to existing storage buildings as depicted in the aerial plan map. Paluzzi asks if there will be any fuel stored in the building. Dunn explains the location of the existing fuel tank on the site within the gravel storage area that is used for fueling the golf carts and he anticipates that it will be kept outside the building. Hayes asks if there will be gutters for the roof runoff. Dunn states that there will be no gutter and the rain will just runoff and it will be a metal roof. Lang asks if there will be a foundation for the building. Dunn explains that it will be placed on a four-inch concrete slab. Maxner explains that the GIS map was created and explains the edge of the wetland noting that the map shows the edge of the building will be 23 feet, but she measured this distance in the field after the map was generated and it will be about 30 feet from the edge ofBVW. She also notes that the general area around the wetland and behind the existing buildings and golf cart gravel area is in need of attention and she talked with the Director of Golf, Rich Nagle, and he stated that he hopes to be able to clean it up and do some landscaping. Dunn states that the area is much cleaner than it has been in the last year and a half but probably does need more attention. Reilly asks if there will be any excavation in preparation for the concrete slab. Dunn states that he thinks that there will require a little excavation maybe four or five inches. Maxner asks if it will be taken off site. Dunn states that there are uses for it in other areas of the site noting that there is an area used as a temporary parking area for events that is gravel and they could use it there. Maxner notes that Mr. Nagle thought about landscaping behind the building and suggests that native species be used in this area closest to the wetland. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 3 Determination with the conditions that the area be cleaned of foreign debris and that a silt fence be placed along the back of the work area and native species be used. Hayes seconds the motion. The motion carries 5-0. Dunn notes that the Public Works Department will probably be doing most of the work and the conditions will not be a problem. NOTICE OF INTENT New: 46 River Street - National Grid/Mass. Electric Maxner informs the Commission that due to an error on the part of the Salem News, the legal ad for this project was never published. She explains that the Commission will have to open this public hearing on April 21, 2009. She recommends that the Commission schedule a site visit prior to that meeting to help speed things along. She notes that the proposed work will improve the situation out there but they are moving a stockpile area closer to the riverfront area. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 30f9 Lang notes that the site has been like that for years, noting that the Commission can take a look at it if the members wish. The Commission will visit the site on April 11, 2009 at 8:30 a.m. New: 75 West Street - Justin Belliveau. Windover Development (applicant) & Hefni Familv Trust (owner) Maxner reads legal notice. Curt Young, Wetlands Preservation, addresses the Commission and explains that the proposal involves demolition of the existing house and building a new single-family house, driveway, garage and associated appurtenances within 100-Foot Buffer Zone to Coastal Bank. He notes that the new building will be substantially set back from the existing footprint away from the Coastal Bank and notes the location on the plan. He notes that the new location is 57 feet from the Bank. Young reviews the plans. He notes that the coastal bank is fairly stable and notes the location of an existing flagstone patio. He also notes that they will be doing landscaping on the site but the plans are not complete at this time. Young explains that the old driveway located off West Street will be reconfigured which will result in a shorter driveway with more parking and landscaping. He notes that the old driveway will be removed, loamed and seeded and silt fence will be placed along the edge of work. Young notes that cross sections of the coastal bank have been provided and the retaining walls on the property are also noted on the plan. He explains that the site is very flat and erosion control is not a substantial issue but they have provided for it anyway. Lang notes that they are proposing to re-face the stonewall and asks for clarification on that work. Young explains that they will re- face the existing stonewall with a veneer field stone 8-15 inches. He states that they will be relatively thin. He explains that the existing wall is concrete block and it is cracked and they need to look at it further. He noted that if additional work is required they will come back to the Commission for a modification. Lang suggests that the Commission visit the site. Paluzzi agrees. The Commission will visit the site on April 11, 2009 at 9: 15 a.m. Maxner asks what the condition is of the stairs currently on the site leading to the beach. Young explains that they are not sure because he has not had a good look at them because of the snow cover and he will take a look with the Commission at the site visit. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 40f9 There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to April 21, 2009. Hayes seconds the motion. The motion carries 5-0. Old / New Business Cont: 37 Sohier Road - Russell Banks Maxner explains that the Commission will recall discussing this at the last meeting, and the question being: Is this man-made duck pond a jurisdictional resource area? She noted that the Commission members tabled the discussion to allow for members to visit the site prior to this meeting. She notes that as Hayes pointed out at the last meeting, it is too small to qualify as a pond, it may not meet the IVW criteria outlined in the Regulations and it probably does not support vernal pool habitat, but the Commission wanted to make direct observations of the area before making a final decision. Maxner shows the Commission photos that she took today and notes that there is an obvious elevation outlet pipe structure. Hayes notes that he visited the site today as well and he does not have any concerns about it and notes that it does not look like a wetland at the moment, noting that it is definitely a low spot. Maxner also notes that the surrounding tree canopy has white pine trees, an upland specie, and they are not usually found in a wetland area. Lang suggests that the Commission should look at the site again in a month to observe any emergent herbaceous vegetation and get a better handle on its size. Maxner agrees and notes that this came to the attention of the Commission because of a neighbor dispute and the owner would like a determination from the Commission to show the neighbor. Members agree to table this to the April 21, 2009 meeting to allow for follow up observations. Cont: Beaver Pond Conservation Restriction Atty. Carmen Frattaroli is present for his client Gwen Evitts. Maxner explains that he Commission voted to table this discussion until the City Solicitor had a chance to review and approve the language of the draft Conservation Restriction for Beaver Pond Road. Atty. Frattaroli addresses the Commission and explains that the Planning Board approved an OSRD site plan and there was a requirement for a conservation restriction on three open space parcels that were part of the property. He explains that the three parcels have been divided into two conservation restrictions known as CR 1 & CR2. Atty. Frattaroli explains that they worked with the Office of Environmental Management and Assistant City Planner Leah Zambernardi and Amy Maxner on the final version of the document. He explains that the document was reviewed by the Planning Board, because it is OSRD related, Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 50f9 and minor changes were made noting that they were typographical errors and the document has been revised. He notes that the original document has to be signed by Chairman Lang. Brief discussion ensues regarding the CR document for Parcel # 2. There being no further questions or comments regarding this matter, Paluzzi moves to accept the CR on Lot #2 of the OSRD for Beaver Pond. Seconded by Hayes. Motion carries 5-0. Lang signed the document and Atty. Frattaroli notarized it. 783 Hale Street. DEP File #5-918 - John Manwlis Mr. Margolis is present at the meeting. Maxner explains that the Order governed the construction of a garage addition, performing house renovations, landscaping activities and invasive species control within Buffer Zone to BVW and Riverfront Area to Chubbs Brook. She explains that the applicant is asking for a one-year extension and a minor modification requesting to remove two large trees (a large Linden right next to the house that is diseased, and the large Norway Maple on top of the slope in the side yard) as well as asking to burn the dumped compost pile instead of removing it and to "clean up" the BVW of fallen trees and branches as detailed in his letter. Mr. Margolis explains the location of the trees that are within the jurisdiction of the Commission. He shows photos of the trees and notes that all of the original work approved has been completed except for the proposed garage and he is not sure that he will build that in the next year. Mr. Margolis also notes that there is a brush pile that needs to be removed and he has not done that as of yet. He states that it might be more cost effective for him to do that work when he removes the trees. He notes that the brush pile was there when he purchased the property and has been decomposing and probably serves as wildlife habitat by now. Lang questions why he wants to remove the Norway Maple. Margolis explains that one is severely rotted and he worries that the tree might fall into the house. He states that two leaders are rotted and the middle leader may fail because of the deep cuts required to remove the rotten leaders. He explains that the Linden tree is leaning and is hollow and he is afraid that will fall as well. He also notes that there is a Chinese elm next to the Norway Maple and he is hoping to cultivate it. Margolis notes that he has gotten estimates from Bartlett Tree Service and Dodge Tree Services. Reilly asks how far the Norway Maple is from the wetland. Margolis estimates that it is about 50 feet to the edge of the wetland noting that the tree is at the top of the bank. Lang suggests that they cut the front and the back of the Norway Maple, but if the arborist thinks it will die in a year they should come back and the Commission would consider allowing them to take it down. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 60f9 Hayes notes that it sounds like parts of the tree are going to fall and he feels that if you cut two sides it will fall anyway and it seems like an extra step. He suggests that Mr. Margolis get a recommendation from the arborist on the best course of action here. Lang suggests that Margolis mark the trees and that Maxner visit the site and review the matter. Hayes questions why the Commission wanted the brush pile removed. Margolis explains that the brush pile has grown into the hill. He suggests that he be allowed to remove the debris that is loose on top of the pile but leave the rest that has decomposed into the side of the slope. He also noted that he will have to bring in heavy machinery to clear that brush pile and estimated that it would cost between $300-$1,000. Hayes suggests that if the owner doesn't mind the brush pile the Commission should allow it to stay. Members agreed. Maxner states that she will prepare a minor modification and will go out and look at the trees slated for removal. There being no further questions or comments regarding this matter, Paluzzi moves to approve the minor modification to the Order of Conditions for 783 Hale Street, DEP File #5-918 - to remove the Norway Maple if recommended by the arborist, and that the brush pile can be left in place and provide Maxner with the authority to approve removal of dead trees closest to the brook. Hayes seconds the motion. The motion carries 5-0. Paluzzi moves to issue a one-year extension on Order of Conditions, DEP File #5-918. Reilly seconds the motion. The motion carries 5-0. Continued Discussion with Beverlv Conservation Land Trust on the Chapman's Corner Conservation Restriction Hayes recused himself from discussion of this matter. Scott Houseman addresses the Commission and updates them on the progress they have made since they last met on February 10, 2009. He reports that the Land Trust has been meeting weekly and has had 7 or 8 meetings and has met with Ed Becker at Essex County Greenbelt. Houseman reported that they have contacted the legal counsel for Chapman's Corner and requested that their engineer, Mr. Griffin be made available to them to help them do a baseline inventory of the property. And briefly discussed the endowment proposal. He has not heard much feedback from the developer's team on these requests. Houseman explains that the land trust is not a home owner within this proposed subdivision and their primary responsibility is to monitor and maintain the site and enforcement of any violations that might occur on the site and they are not prepared to take on this responsibility without some sort of monetary endowment as strongly recommended by Greenbelt. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 70f9 Houseman states that they drafted a letter of understanding. He also explains that they have requested an endowment analysis, which is sensible for the Land Trust to have as seed money in return for accepting responsibility for the land. Houseman reported that he thinks that the response from the developer will be that they are not willing to participate financially and they have not responded as to whether they would lend the assistance ofMr. Griffin for the baseline inventory. Houseman explains that the State has concerns regarding a CR with no money to support it. He explains that they proposed that each time the developer conveys a lot that the purchasers contribute $500.00 for the endowment. He estimated that it would be about $15,000 and that would be a good starting point for the endowment, and they would be willing to negotiate this number but at least it is a starting point. Houseman states that the Land Trust has put in a diligent effort on this but has not received any feedback orally or written from the developer. He suggests that they should suspend doing any additional work on this until they hear from the developer. Lang questions what would happen if the CR is not in place, questioning if they could do the construction. Maxner states that they can do the roadways and utility installations and the Special Condition was worded so as to provide for deeding over the parcel to the Commission if it did not get completed despite the developer's due diligence. It was noted that they would be back to the Commission for each house lot. Houseman states that he does not consider the developer's efforts to date to qualify as an honest due diligence. Squibb suggests that the Order be amended to tighten the CR requirement, as he is very disappointed that the developer is not cooperating with the Land Trust. Lang agrees noting that it had been the Commission's intention that this property be placed in a CR and that the developer make an honest effort to work with the Commission and the Land Trust to get it done. Members agree. Maxner suggests that she will research this and perhaps the Order of Conditions needs to be amended. Lang agreed noting that the intention of the CR was to be sure that the land did not fall into the black hole of land that is donated to the Conservation Commission. Houseman noted that the developer has a substantial amount of money and is poised to make a lot of money on this project and the proposal was specifically drafted so that the money for the endowment did not fall on the developer. Lang suggests that Maxner contact Atty. George Hall and see what options the Commission has regarding this. Houseman reported that when they walked the site they noticed that there may be homeless people living in there and that a couple of trees have been cut down. He noted that these are the kinds of things that the Land Trust would monitor and the endowment would be available for enforcement. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 80f9 Paluzzi moved to continue this discussion to April 21, 2009, and Maxner will contact George Hall. Reilly seconds the motion. The motion carries 4-0. Hayes returns to the meeting at this time. ReQuest for Certificate of Compliance - 45 Beaver Pond Road - DEP File # 5-698 Michael Milsom Maxner explains that the Commission has received a request for a Certificate of Compliance for an Order of Conditions issued in May 2000 governing house renovations, house addition, installation of an in ground pool, patio, stone retaining walls, walkways, re-routing the driveway entrance, grading and landscaping. She notes that as built plans were generated in June of2004, however Mr. Milsom was under the impression that his engineer was going to pursue the Certificate of Compliance, but never did. She explains that there is a pending purchase and sale agreement and Mr. Milsom needs to finalize the Order to secure the buyer. Maxner explains that she visited the site and there are some changes from the approved plan as follows: . The proposed garage was not built. The location was out of the buffer zone. . The driveway reconfiguration was not done, but the full extent of existing gravel driveway is not shown on the as built plans. Maxner notes that she thinks that this should be shown on the plan and she in fact has received an amended plan this afternoon showing the existing grassy drive leading to the back of the house. . A pool-equipment shed was added in the outer limit of the buffer zone. Maxner notes that the site is stable and there is no erosion and recommends that a Certificate be issued as no other outstanding issues were observed. There being no further questions or comments regarding this matter, Paluzzi moved to issue a Certificate of Compliance for DEP File #5-698. Hayes seconds the motion. The motion carries 5-0. New: ReQuest for Extension of Order of Conditions for 44 Prince Street. DEP File #5-907 - David Carnevale Maxner explains that this Order governed construction of a seasonal floating dock system consisting of a 4' x 35' gangway and 10' x 40' floating dock to be anchored in place by six 2' x 2' x 2' concrete anchors within Rocky Intertidal Shore, Land Under the Ocean, Land Containing Shellfish, Land Subject to Coastal Storm Flowage and Coastal Bank. She noted that the work is not quite complete, although progress has been made and the applicant is requesting a I-year extension. There being no further questions or comments regarding this matter, Paluzzi moved to issue a one-year extension to DEP File #5-907. Reilly seconds the motion. The motion carries 5-0. Beverly Conservation Commission Meeting Minutes - March 31, 2009 Page 90f9 11 Cole Street - Enforcement Order Ratification - Brian Deelv Maxner explains that she issued an Enforcement Order to Brian Deely, 11 Cole Street for unauthorized work within the 100-Foot buffer zone. She explains that she has instructed Deely to file an RDA for the next meeting or face potential fines for non-compliance. She shows the Commission photos of the work being done on the site and requested that the Commission vote to ratify the enforcement order. Paluzzi moves to ratify the enforcement order issued by Maxner on March 26, 2009 for 11 Cole Street for unauthorized work within the 100-Foot buffer Zone. Seconded by Hayes. The motion carries 5-0. Beverlv Golf and Tennis Tree Removal Plans Maxner explains that she has given the Commission annotated photos explaining the proposed tree work at the Beverly Golf and Tennis Club. She notes that some of the trees are in the buffer zone, Riverfront Area and wetlands as noted. The Commission reviews the photos submitted by Maxner. Maxner noted that she walked the site with Rich Nagle and she identified the areas that are in the jurisdiction of the Commission. Lang asks if the City is doing the work. Maxner reports that Meyer Tree Service will be doing the work. Lang notes that there is a lot of work proposed here and he would like to have the contractor come before the Commission for a Request for Determination of Applicability. Members discuss the work and agree that trimming of trees or shrubs within their jurisdiction would not require an application but if they propose to remove trees or other woody vegetation they will need to file an RDA. Landmark School Propane Tank Replacement - Protective Bollard Installation Maxner explains that she has distributed a sketch and email provided by Dave Seiter at the Landmark School requesting to put in a replacement propane tank and the City Gas Inspector is requiring that they place protective bollards around the parking lot side of the tank. She questions if the Commission should require a filing for the work involved. Hayes notes that it looks like the area is well out of the 25-Foot No Disturb Zone. Lang agrees. He notes that they should take care to operate all machinery from the paved area next to the building. Members agree that a formal application is not needed as long as they operate machinery from the paved area and protect any stockpiled soil from eroding. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Reilly seconds the motion. The motion carries 5-0. The meeting adjourns at 9:00 p.m.