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2009-06-02 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present June 2, 2009 Conservation Commission David Lang, Tony Paluzzi, Ian Hayes, Bill Squibb, Dr. Mayo Johnson, Gregg Cademartori Members Absent: Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. in the third floor conference room at Beverly City Hall. Maxner informs those present that the public hearing for the Black Cow will be continued to June 23, 2009 as the applicant is working on some revisions to the plan and no discussion will be conducted this evening. Certificate of Compliance Cont: 150 Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the applicant has requested that the matter be continued to the June 23, 2009 meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 6-0. ReQuest for Determination of Applicabilitv New: 89 Bovles Street - New En2land Power Company Terry Gensell is present for the New England Power Company. Maxner reads legal notice. Gensell addresses the Commission and explains that the applicant is proposing to install an underground conduit and associated cable within the southern section of the existing substation within 200-Foot Riverfront Area. He stated that no work will take place within the 25' NDZ and will take place within the confines of the substation within a gravel area so no vegetation will be disturbed. Gensell shows photos of the main entrance gate, which shows that there is gravel throughout the site. He also explains the location of the proposed conduit. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 2 of 10 Cademartori noted that this could have been dealt with in the existing Order of Conditions. Maxner states she believes that the Order has expired. Cademartori questions if a Certificate of Compliance has been issued for the previous order. Maxner reports that it has not been issued. Cademartori suggests that it should be closed out. Gensell states that he will relay that to New England Power. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 2 Determination. Hayes seconds the motion. The motion carries 6-0. New: 50 Hillcrest Avenue - Andrew & Kathleen Locke Maxner reads legal notice. The Lockes are present. Kathleen Locke addresses the Commission and explains that they are proposing to construct a stone retaining wall, 6-foot stockade fence within the Buffer Zone to BVW. She noted that a pool and shed is also proposed but shown outside the Buffer Zone. Locke also notes that there is a 25' sewer easement exists on the property. Maxner reviews the plan and notes that the wetland receives runoff from a drainpipe that discharges two catch basins from the street and the resulting ditch flows directly behind the Locke's house and back into a IS" concrete drain pipe; the pipe and is shown on the plan. She shows photos of the area from last summer and explains that the Commission needs to determine if this drainage swale is a jurisdictional stream. Lang agrees noting that he conducted a site visit last summer and that this is an interesting drainage issue and recommends that the Commission visit the site. Discussion ensues as to the methods of constructing the wall and dimensions thereof. Hayes asks if there are any problems with the site, noting that it might not be jurisdictional if indeed it is upstream of a resource with no BVW. Lang notes that the abutter is concerned about flooding although they are not present at the meeting tonight. Paluzzi requests that the area for the wall be staked out for the site visit. Squibb suggests that they contact SESD regarding the easement noting that SESD usually does not allow any structures within their easements. There being no further questions or comments regarding this matter, Squibb moves to continue the public hearing to June 23, 2009, pending a site visit for Saturday June 20th. Paluzzi seconds the motion. The motion carries 6-0. New: 10 Stone Rid2e Road - Scott Grenert Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 3 of 10 Maxner reads legal notice. Scott Grenert and Frank Raffa, contractor are present. Scott Grenert addresses the Commission and explains that he is proposing to enclose and expand an existing deck off of the side of the house. He explains that the porch currently sits on 3 sono tubes that may need to be replaced with slightly larger and deeper footings to support the addition, but they will be within the same footprint of what exists now. He explains the plans and notes that the expansion will be a cantilever structure and all work will be done by hand and no heavy equipment will be used. Grenert also explains that work will take place within the 25' NDZ as the existing deck is within that zone and he is proposing as to plant native shrubs in a sparsely vegetated area that is being maintained as lawn immediately adjacent to the wetland as recommended by Ms. Maxner. Paluzzi asks how high the deck will be. Grenert estimates that it is about 4 feet. Paluzzi asks what he plans to put on the ground under the deck. Grenert states that he will spread pea stone. Lang asks if the applicant has made a formal request for a waiver of the NDZ requirement. Maxner explains that she advised the applicant to do mitigation on the site. Lang states that he would like that documented so that it is on file or at least establish findings for allowing this Waiver. Squibb asks if the existing lattice under the deck will be removed. Raffa states that it will be removed. Squibb asks how large the sono tubes are. Raffa states that they are 8 feet long and 12 inches in diameter. Brief discussion ensues as to the methods of constructing the cantilever structure. Discussion ensues regarding the waiver criteria for work within the 25' NDZ. Lang instructs Maxner to provide written findings with the permit. Maxner agrees. Lang suggests that they plant a few red maples in the area proposed for planting mitigation. Maxner agrees and notes that she also suggests shrubs and native high bush blueberries. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative 3 Determination with the following Special Conditions: 1. Two Red Maple trees (Acer rubrum) at 4' to 6' in height but not less than 3' shall be planted in the wetland adjacent to the area of the proposed additon where no trees or shrubs are present. 2. Six Highbush Blueberry shrubs (Vaccinium corymbosum) shall be planted along the edge of the wetland at the southern edge of lawn abutting the wetland. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 4 of 10 3. Plant installation shall be completed and inspected by the Conservation Administrator no later than October 1, 2009. Paluzzi seconds the motion. The motion carries 6-0. Cont: R 5 Netherton Avenue - Joanne Smith Maxner reports that the applicant has withdrawn the application and reads the letter of withdrawal from consultant John Dick. Recess for Public Hearin2s Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6-0. Cont: 1 Water Street - Joseph LeonelBlack Cow Restaurants Maxner reports that the applicant has requested that the matter be continued to the June 23, 2009 meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 6-0. New: 12 Middlebury Lane - Victor Gan2i Maxner reads legal notice. Bob Griffin of Griffin Engineering and Mr. Gangi are present to represent the project. Griffin explains that this is part of Beaver Pond Estates Subdivision and the applicant is proposing to repave the existing driveway and walkway, remove existing failing retaining wall immediately adjacent to the wetland and reconstruct and extend the wall, remove four trees and grade the side yard. He noted that work will take place within the wetland, the 25' - NDZ and 100-Foot Buffer and they are proposing mitigation of six native shrubs to be planted along the wetland line. An old shed will be removed immediately adjacent to the wetland. Griffin explains that the trees to be removed are a pine tree, an oak tree and two willow trees. He notes that the oak tree adjacent to the driveway and walkway will be saved with a tree well to be built around it. He also notes that they are proposing shrubs that will enhance the Buffer Zone and wetland. He also notes that they will be placing a four-foot fence on the top of the retaining wall. Discussion ensues regarding the construction of the fence and the wall and footings. Griffin explains that they are proposing to regrade the lawn on the easterly side of the house and re-establish the lawn. Griffin notes that the retaining wall is failing and they have no option but to replace it. Paluzzi asks how big the willow trees are that they are proposing to remove. Griffin states that they are between 4-6 inch diameter and one is over 8 inches. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 5 of 10 Maxner asks if the new retaining wall is going to be in the same place. Griffin states that it will be in the same location. Cademartori asks what kind of equipment will be used for the work. Griffin states that they can do it with a small bobcat. Lang notes that if they dig 1-1 1Iz feet they could hit water table and asked if they have plans to dewater on the site. Griffin states that they could but if they do it in the dry season they would use crushed stone to keep the area dry. Lang states that if they have to dewater he would like to see a plan for that. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Maxner suggests that the Commission visit the site. Squibb agrees. The Commission scheduled a site visit for June 20, 2009 at 8:00 a.m. There being no further questions or comments regarding this matter, Squibb moves to continue the public hearing, pending a site visit on June 20,2009 at 8:00 a.m. Johnson seconds the motion. The motion carries 6-0. New: 8 Elmtop Lane (a.k.a. 23 Ober Street) - William McDonou2h Maxner reads legal notice. Bob Griffin of Griffin Engineering and Mr. & Mrs. McDonough are present to represent the project. Griffin addresses the Commission and explains that the applicant is proposing to construct an in- ground enclosed pool, an outdoor dining patio and roof dry well within the Buffer Zone to Coastal Bank and partially with the 25' NDZ. Griffin explains that the proposed pool will be 42' long X 25' wide, essentially a lap pool. He explains that they will be removing the existing blue stone patio on the site to construct the pool. He notes that the location is a good distance away from the water. Griffin also notes that the area encroaches on the 25 foot NDZ. He explains that the existing downspouts on the site will be piped to a new 500-gallon dry well and they are proposing to plant shrubs along the bank as mitigation. He notes that the pool will discharge to an existing dry well. Maxner notes that the area is a coastal bank and asks if any erosion has been observed. Griffin explains that the area is primarily a rocky shore but noted that he focused his attention on the lawn area. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 6 of 10 Maxner asks how deep they will be digging for the pool. Griffin states that they will dig about four feet for at least a frost wall foundation. He also notes that the concrete for the foundation will be pumped over the house. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Paluzzi suggests that the Commission visit the site. The Commission schedules a site visit for June 20, 2009 at a time to be determined. Maxner reads a comment letter submitted by the Beverly Open Space & Recreation Committee regarding the ancient highway along the bank. Discussion ensues regarding the highway and its extent. Griffin states that his notation on the Elm Top Lane ANR plan was for informational purposes and does not believe it is necessary to make such a notation on this plan. Paluzzi states that he remembers traversing this pathway when he was a kid and believes that it should be called out on the plan. Lang states this can be looked at during the site visit and further discussed at the next hearing. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to June 23, 2009, pending a site visit on June 20, 2009. Johnson seconds the motion. The motion carries 6-0. Abbreviated Notice of Resource Area Delineation New: 145 Conant Street - Harvest Development. LLC Maxner reads legal notice. Rob McSorley, Jeffery Fulton, and Dick King are present for the applicant. McSorley addressed the Commission and explains the site. He notes that the proposed development is a retirement community with 155 assisted living units and 18 cottages. He explains that they have mapped the wetland and explains the areas on the plan. He notes that the field delineation is marked, as is the Massachusetts GIS delineation which is more conservative than the field delineation and they will be measuring the extent of the 100' Buffer from the GIS line. Lang asks what sort of vegetation is in the 100-foot buffer zone. McSoreley states that it is native upland vegetation and notes the location and the lawn area on the plan. Lang suggests that the Commission visit the site. Members agree. 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 - June 2, 2009 Page 7 of 10 There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to June 23, 2009, pending a site visit on June 20, 2009. Johnson seconds the motion. The motion carries 6-0. Old / New Business Continued Discussion with Beverly Conservation Land Trust on the Chapman's Corner Conservation Restriction Hayes recused himself from discussion of this matter. Maxner reports that she had a long conversation with Scott Houseman and George Hall and George Hall is going to contact Dennis Crimmins regarding the endowment. She notes that he offered to contact the Friend's attorney Tom Harrington to inquire as to whether that group would be willing to help with the endowment. Lang questions what will happen if they do not agree to the endowment. Maxner explains that she feels that it would be a deal breaker for the Land Trust. Lang states that he is uncomfortable with the idea that the Land Trust is a non-profit organization and likens its services to that the which Commission does for free. He would like a rationale for the requested endowment, although he is not entirely opposed to some funding for the Trust. Johnson suggests that a monetary contribution to the endowment be a condition of approval for the house lots that come before the Commission for approval. Cademartori questions what the money in the endowment is for and how the $15,000, $500/lot figure was reached. Maxner explains that if from time to time there are expenses that come up, signage or trail maintenance or litigation for violations, the money would be used for that. She noted that the money would not be used for the Land Trust operating budget but specifically for the monitoring of the Chapman's CR. Cademartori notes that this will be the first project for the Land Trust and the figures seem a little arbitrary. He notes that knowing what the potential expenses could be might help and maybe the Commission could help support the Land Trust's activities relative to this particular CR, similar to a membership donation or administrative donation. Discussion ensues regarding this approach and members agree that this may be a viable option and ask Maxner to talk to George Hall about it. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to June 23,2009. Johnson seconds the motion. The motion carries 5-0 with Hayes abstaining. New: 14 & 16 Cole Street - Arthur Thompson - Informal Discussion Re2ardin2 Proposed Driveway Within the Buffer Zone Bob Griffin and Arthur Thompson are present. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 8 of 10 Griffin explains that this is a special permit pork chop lot that Mr. Thompson created last November. He explains that it is 1.8 acres and he filed an ANR plan that will create an additional building lot out of land that is currently part of 14 Cole Street. He also noted that the new building lot would be known as 16 Cole Street. He states that he Planning Board wants to make sure that the frontage is viable and did not endorse the ANR asking for additional engineering and assurance that the driveway could be constructed with Conservation Commission approval. Griffin explains that they are proposing a 14 foot wide paved driveway with a drywell at the bottom of the driveway to help manage stormwater. He states that he feels that it is a routine application, noting that they are not crossing a wetland but Buffer Zone work only. Griffin requests that the Commission inform the Planning Board that there are no wetland crossings and that the driveway and utilities meeting the wetlands regulatory standards for this type of project. Hayes recalls that the owner of 15 Cole Street had a concern about the flooding on the stret. Griffin explains that the dry well will help that situation as has the installation of a catch basin and drainage within the roadway, which was permitted by the Commission. Lang recommends that they file a Notice ofIntent. Maxner will write a letter to the Planning Board articulating that there are no wetland crossings and that the driveway and utilities meeting the regulatory standards for this type of project and the Commission will expect a NOI for the project. Thompson and Griffin thank the Commission's time and consideration and indicate that a NOI will be submitted once the ANR is endorsed. New: 28 Fol2er Avenue & 1 Bathin2 Beach Lane - Joseph Pafumi & Donald and Judith Morse - Enforcement Order Maxner reports that she received a complaint from a neighbor that clear cutting was going on at 28 Folger Avenue and 1 Bathing Beach Lane. She explains that she performed a site inspection and issued an Enforcement Order and explains here findings. Mr. Pafumi addresses the Commission and explains that he has been doing this type of clearing with his father since 1962 and most of what he removed were saplings or dead trees. He explains that the largest tree was not more than 5 inches. He stated that he had no idea that he was doing work in the buffer zone which was designated in 1996. He estimated that he trimmed 75 feet from the water line. Mr. Morse addresses the Commission and states that he used to mow the area and always kept it as a grassy area and was wondering if that practice could continue. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 9 of 10 Maxner states that she explained the Riverfront Area regulations to Mr. Pafumi and suggests that the Commission visit the site. Discussion ensues as to the allowances in the Riverfront Regulations as to grandfathered uses, members agree that maintenance of this area of lawn has ceased and the regulations do not allow for grandfathering in this situation. Mr. Morse notes that there is a large dead pine tree on the site right next to the house. Maxner states that the Commission can take a look at it while on the site visit. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to June 23, 2009, pending a site visit on June 20, 2009 at a time to be determined. Johnson seconds the motion. The motion carries 6-0. Paluzzi moves to ratify the Enforcement Order for 28 Folger Avenue. Johnson seconds the motion. The motion carries 6-0. New: ReQuest for Extension - 15 Roosevelt Avenue. DEP File #5-920 - Dave & Gail Balentine Maxner informs the Commission that a request to extend an Order of Conditions governing grading the rear yards of 5 & 15 Roosevelt Ave. to address flooding issues as well as work on 15 Roosevelt for landscaping and driveway expansion has been submitted. She explains that work on the grading on both properties is complete and # 5 has been released from this Order. She also notes that work involving the driveway and final landscaping for 15 has yet to be completed and the Balentines are asking for a one-year extension to give them time to complete this part of the project. She also reports that they may install a storage shed within the original proposed footprint of the driveway making the driveway smaller to accommodate the shed. She recommends granting the extension. Paluzzi moves to issue a one year extension. Johnson seconds the motion. The motion carries 6- O. 13 Brookhead Avenue - Proposed Bump Out Addition Maxner explains the project involves construction ofa 15' x 4' bump out addition to be supported by sono tube footings within a fenced-in blue stone patio area. The edge of work will be approximately 90 feet from the edge of the brook but is not closer than existing structures appurtenant to the existing house. All work will be done by hand within an existing patio area and no expansion of the patio or deck footprint is proposed. She provides photos for the Commission to review. Discussion ensues regarding the work and proximity to the resource area. Members agree that no application is necessary for this work as it will be located within the existing footprint of the rear blue stone patio and will result in no new impact to the resource area, in this case the 200-Foot Riverfront Area to Centerville Creek. Beverly Conservation Commission Meeting Minutes - June 2, 2009 Page 10 of 10 Hayes states that it seems to be a very small project that will result in no impact on the resource. Maxner agrees and will write a letter to the homeowners informing them of the Commission's determination. 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 6-0. The meeting adjourns at 9: 15 p. m.