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2009-06-23 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present June 23,2009 Conservation Commission Vice Chair, Tony Paluzzi, Ian Hayes, Bill Squibb, Dr. Mayo Johnson, Gregg Cademartori, and Mary Reilly Members Absent: David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, Massachusetts. Certificate of Compliance Continued: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the applicant has requested that the matter be continued to the July 14, 2009 meeting. Johnson moves to continue the matter to the July 14, 2009 meeting. Hayes seconds the motion. The motion carries 6-0. ReQuest for Determination of Applicabilitv Continued: 50 Hillcrest Avenue - Andrew & Kathleen Locke Mrs. 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 also explains that a pool and shed is also proposed but shown outside the Buffer Zone and they have tried to contact SESD about the 25-foot sewer easement but have not heard back from them. Maxner explains that she contacted Mike Collins regarding the drainage easement and he confirmed that the city holds no easement so it is a private drainage issue. She explains that Collins would get involved if the ditch was going to be piped to ensure that it was sized properly. She noted that the question before the Commission is whether the ditch is a jurisdictional stream or not. She also explains that the wetland receives runoff from a drainpipe that discharges two catch basins from the street and the resulting ditch flows directly behind the house and back into a IS" concrete drain pipe. She notes that a site visit was conducted and asks if the Commission would like to discuss this issue. Reilly states that she is comfortable that it is not jurisdictional as it is upgradient to a resource and it only received roadway runoff. Cademartori agrees and notes that based on his observations Beverly Conservation Commission June 23,2009 Meeting Minutes Page 2 of 12 there is no wetland vegetation bordering the ditch that would qualify as BVW. Paluzzi agrees and states that it is intermittent and only flows when it receives stormwater runoff from the catch basins in the road. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative # 3 Determination. Reilly seconds the motion. The motion carries 6-0. Maxner explains to the Lockes that the ditch is not a stream and not subject to the wetlands regulations but that it does fall within the 100-foot buffer zone to the BVW located off the site downstream. She also notes that as long as they stick to the plan they will not need further action by the Commission. She also notes that a special condition is that they install erosion control, which she will inspect prior to construction. New: 181 Elliott Street. Cummim!:s Center - Beverlv Commerce Park. LLC Maxner reads legal notice. Steve Drohosky addresses the Commission and explains that the Cummings Center is proposing to remove two large pine trees and stabilize and replant the sloped area to the north of the Shoe Pond walkway within the Buffer Zone to the bank near the 500 Building. He explains that the area at the top of the slope has been used as a landscape material storage, temporary nursery and transfer station and material has made its way over onto the slope and now the Cummings Center wishes to stabilize it with plantings and native wildflowers. He explains the plans to the Commission. Maxner states that she visited the site and asked them to propose cleaning up the area. She reviewed the plan and noted that some work appears to be within the 25' NDZ but most of this zone is either bank of the pond or asphalt walkway. Drohosky stated that they would like to do the work in the next month or so. Hayes suggests that he would like to see the area remain in a natural state and not be manicured. Drohosky stated that they do not intend to use the area and notes the smaller area that they plan to use storage of landscaping materials closer to the parking lot on top of the slope. Maxner clarified that regarding the slope along the paved area they will leave the existing shrub area and keep the area as lawn. Drohosky agrees. Discussion ensues regarding the area of parking lot adjacent to the garage and seasonal snow storage. Drohosky explains that they are using silt sacks in the storm drains to catch sediment from the snowmelt. There being further questions or comments regarding this matter, Hayes moves to issue a Negative # 3 Determination. Cademartori seconds the motion. The motion carries. 6-0. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 3 of 12 New: 116 Standlev Street. Joseph Tassinari Maxner reads the legal notice. Mr. Tassinari addresses the Commission and explains that he is proposing to install a 24' above ground pool and 12' attached deck within the 100' BZ to BVW. He explains the plans, shows the Commission photos of the area of the existing deck. He notes that a small bobcat will be used to grade the area and level it out. He also notes that he proposes to install a silt fence. Maxner explains that she spent a considerable amount of time out at Mr. Tassinari's house explaining the permitting process and the regulations, including the 25' NDZ and required mitigation for incursion. She explains that the edge of the wetland is coincident with the existing wire fence, noting that she measured the rear of the house to be 56 feet from the wetland and the detached garage to be 70 feet from the wetland. She explains that if the deck and pool were to be placed off the back of the house as the plan shows, the pool would encroach 5 feet into the 25' NDZ, but the applicant is showing that there is 26' left over which according to her calculations is inaccurate. She explains that as the topography shows some grading will need to be done to make a level area for the pool. Tassinari explains that he has changed the plan so that the he can fit the deck in if he cuts into the existing stairs. He reviews the proposed location for the deck and explains that it will be tucked into the existing deck and notes the proposed location of the pool. Maxner notes that the plans do not reflect the changes he is suggesting. Tassinari explains that he made the changes after having discussions with Maxner. Squibb notes a tree on the plan and expresses concern that the project will impact the tree. Paluzzi states that he would like to visit the site. He also requests that the applicant stake out the location of the proposed deck and pool. Tassinari questions the need for a site visit, noting that it will set his timeline back three weeks. He also states that a site visit will not change anything. Hayes explains the NDZ and the requirements that the applicant must comply with if they are doing work in the buffer zone. Johnson explains that the Commission regularly visits sites of proposed projects so that they can visualize what is going on and to be sure that there is no misunderstanding. He is concerned about the long term viability of the tree is grading impacts the roots. Tassinari states that he has had the tree removed already and did not think that tree removal constituted construction. Maxner questions how Mr. Tassinari did not understand her explanation of the 100-foot buffer zone. Reilly agrees and suggests that a Notice ofIntent may be in order considering the impacts that have already occurred. Paluzzi notes that a site visit will help clarify the project. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 4 of 12 There being no further questions or comments regarding this matter, Johnson moves to continue this discussion to July 14,2009 meeting, pending a site visit on Monday, July 13,2009 at 5:00 p.m. Hayes seconds the motion. The motion carries 6-0. Recess for Public Hearim!:s Johnson moves to recess for public hearings at this time. Hayes seconds the motion. The motion carries 6-0. NOTICES OF INTENT Continued: 1 Water Street - Joseph LeonelBlack Cow Restaurants Peter Ogren of Hayes Engineering and Joseph Leone are present for the project. Ogren addresses the Commission and explains that since the last meeting there have been changes made to the plans. He explains that not much of what has changed affects conservation issues. He explains that there were issues regarding traffic patterns and they have reduced the number of seats in the restaurant by 40%. He also notes that the building footprint has been reduced by 12% and explains the plans. He notes that the deck in the front has been reduced and the pedestrian walkway has been reconfigured. Ogren explains that the traffic circulation will now be one way around the site and satellite parking has been removed from the plan and all parking will be on the site. This eliminates the need for the turf access roadway through the ferry way landing site. He also notes that they are proposing two storm scepters and deep sump catch basins. He also notes that he checked online and there are no comments from DEP on the original plans submitted. Maxner notes that they were asked for a more tailored Stormwater 0 & M plan to address site- specific conditions and activities. Ogren states that they submitted a revised stormwater management operations and maintenance plan and distributed copies to the Commission. He notes that the language is more specific to indicate the requirements. He explains that they propose to clean the catch basins four times a year and requested that if they find that they are not filling up that they be allowed to maintain them less often. Ogren explains that the dumpster has been relocated to the outside of the building, noting that they originally proposed a refrigerated dumpster inside the building. He explains that because of the new design it had to be put outside. Maxner asks if the dumpster will be enclosed. Ogren states that it will be enclosed and will also be covered. Squibb asks if liquids are likely to be thrown in the dumpster. Ogren states that it may happen, noting that he cannot say that it will not happen but he expects that there would be waterproof liner. Leone states that the dumpster will be emptied three times per week. Paluzzi asks if the new design will affect the snow storage locations proposed on the plan. Ogren explains that they will probably have to remove snow from the site after big storms. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 5 of 12 Squibb asks if the snow will run directly into the ocean. Ogren explains that the snow will melt and drain into the water. He noted that they will not be using chemicals, salt or deicers so the runoff will not be as contaminated as regular street runoff. Cademartori asks if there will be a change in grade in the drainage area. Ogren explains that there will be a cape cod berm that will keep the runoff contained and capture the parking lot runoff. He explains the location and noted that parking spaces in the area. Paluzzi opens the hearing up for public comment at this time. Rose Maglio addresses the Commission and expresses her concern about traffic circulation and the location of the dumpster. Maxner notes that those issues are not within the jurisdiction of the Conservation Commission. Rene Mary of274 Hale Street addresses the Commission and expresses her concerns regarding other permits required for the project from the Army Corp of Engineers, DEP and DCR. She also stated that she is concerned that the applicant can return in a year to make changes. Maxner explains that if changes are made to the interior of the building they are not Conservation Commission issues. Ogren explains that they have no plans at this time to make changes but notes that they asked for the option to do so to increase seating but that would not require structural changes to the building. There being no further questions or comments regarding this matter, Hayes moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Continued: 12 Middlebury Lane - Victor Gan2i Bob Griffin and Victor Gangi are present to represent the project. Griffin addresses the Commission and explains that the applicant is proposing to repave the existing driveway and resurface the walkway, remove the existing retaining wall immediately adjacent to the wetland and reconstruct and extend the wall, remove trees and grade the side yard. He notes that work will take place immediately adjacent to the wetland, the 25' -NDZ and 100- Foot Buffer. He explains that they are proposing mitigation in the way of increased number of native shrubs to be planted along the wetland line. He notes that the Commission visited the site and reviews the issues that were raised at the site visit. He explains that some saplings at flags A7 & A8 are proposed to be saved and that they have kicked the wall out at flag A3, noting that the extension of the retaining wall will remain the same basic shape. He notes that the proposed fencing is unchanged. He also notes that additional rip rap will be placed at the outlet of the street culvert pipe and they will removed the silt and replace the rip rap. Griffin also explains that they have increased the density of the plantings in the vicinity of flags Al & A2 and they are adding plantings in the area of the playhouse which will be removed and Beverly Conservation Commission June 23,2009 Meeting Minutes Page 6 of 12 its footings taken away. He reviewed the changes on the plans and notes that modifications have been made to notes 6 & 7 on the plan to incorporate the changes. Paluzzi notes that the Commission had requested that they try and save the trees within the 25' NDZ. Griffin explains that they would still like to remove two of the trees explaining that one is a linden and the other is a pine tree. He notes that the top of the pine tree has snapped off. He states that the trees are not in great shape and they are concerned about their longevity. Mr. Gangi states that he would consider saving the linden tree but he is concerned about the pine tree, which is in worse shape. Reilly states that if they take down a tree she would like to see them plant another tree in its place. Reilly explains that they are proposing work in the 25 foot NDZ and if they remove one tree she would at least like to see it replaced. Griffin states that it is reasonable. Gangi reviews the location of other trees in the area and is amenable to planting a tree. A native tree to 2 1Iz caliper is agreed upon. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Continued: 8 Elmtop Lane (a.k.a. 23 Ober Street) - William McDonou2h Bob Griffin and William McDonough are present. Griffin addresses the Commission and states that a site visit was held with the Commission. He explains the dry well to collect roof runoff on both sides and noted the areas on the plan. Griffin notes that there are two trees on the site that they were looking to remove and the Commission looked at those and they agreed to take one down to the ground and leave the stump and to prune the adjacent Black Locust tree. He also explains that based on the site visit they are proposing to plant increased vegetation to the west of the pool area to re-establish plantings on the bank. He notes that they are suggesting the same type of plantings that were used in the project at 5-7 Elmtop Lane as they worked well in the area. He explains that they will remove a mulch layer and propose a New England Coastal salt tolerant grass mix for the area. Paluzzi asks what the size of the proposed dry well is. Griffin states that they are proposing a 500 gallon dry well. Squibb asks if test pits have been done on the site. Griffin states that they have not done test pits as yet. Squibb questions what they would do if the capacity of the dry well is not adequate. Griffin explains that they he thinks that 500 gallons is more than adequate for the runoff on the site, and it might be a little large for the size of the building. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 7 of 12 Reilly expresses concern about the project encroaching the 25 foot NDZ and notes that usually if the Commission allows work to be done in the NDZ they look for it to improve the area and she does not see how this will make the site better that it was before construction. Griffin explains that they are constrained by the existing building shape, and notes that they are proposing mitigation for encroaching on the NDZ. Reilly suggests that the patio be removed. Griffin states that they are proposing a minor encroachment of an area that is already developed with lawn. He notes that the pool and the appropriate architecture is important to Ms. Egan. Paluzzi asks how many square feet of encroachment they are proposing. Griffin estimates that it is 50 s.f. for the patio area and 100 s.f. for the building. Johnson states that he feels that Reilly's comments are sensitive and she makes a good point but he is not as opposed to this encroachment as the house is already within this zone and he believes that there is no negative impact to the coastal bank. He states that it is not a major encroachment and they are proposing mitigation plantings. Cademartori agreed noting that he was unable to attend the site visit, but the applicant is proposing mitigation that will be an improvement to the NDZ and further stabilize the bank. He notes the Commission should look at the adjacent resource and the proposed impact or likely negative long-term impacts in making a determination for a waiver. He notes that this is probably a conversation that the Commission should have in refining its waiver criteria for specific resource areas. Hayes notes that there is a fairly steep drop off on the beach and while he does not like to see encroachment of the NDZ, there is nothing really being lost in the way of resource function or value. Maxner suggests that the area of mitigation plantings should be restored with natural plantings and left to be natural, noting that no manicuring or mulch will be allowed. McDonough agrees. Paluzzi opens the hearing up for public comment at this time. Elizabeth Dunne, Chair of the Open Space Committee addressed the Commission and expressed her concerns about the Ancient Highway and the location of this project in the hopes that the highway can be noted on the plan. Griffin states that he does not think that the Ancient Highway will be affected and is not a Conservation Commission issue. There being no further questions or comments regarding this matter, Hayes moves to close the public hearing. Johnson seconds the motion. The motion carries 6-0. New: 46 LP Henderson Road. Beverlv Airport - Julie Roma Maxner reads legal notice. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 8 of 12 Alan Battistelli, contractor for the applicant addressed the Commission and explained that the applicant is proposing to build a new hangar within the 100' BZ to BVW. He explains that the hanger is 51 feet from the nearest wetland flag and explains the plans. He notes that a portion of the hangar will be within existing paved taxiway area and within existing grassy area outside the 25' NDZ. He explains that the hanger will be used for the storage of planes. He explains that the City is excited about getting the income from another hanger on the property. He explains the R VZ - Reserved Visual Zone noting that no buildings can go closer than that line. He explains the purpose of the RVZ. Squibb notes that he mentioned planes as in plural. Battistelli explains that Roma owns three planes and explains how they will be stored, noting that it is not likely that all three would be in Beverly at the same time. Reilly asks if any maintenance would be done inside the hanger. He explains that there will be no drain in the building so everything would have to be cleaned up. Paluzzi asks if the floor will be level. Battistelli explains that it will be level noting that they pull the plane out of the building before starting it. Maxner asks how far they will dig for the frost wall. Battistelli states that they are proposing a four foot frost wall. He also explains that they material excavated will be removed from the site and a silt fence will be installed. Maxner notes the area of erosion control and questions if they can work from that side with no problems. Battistelli explains that they can work from the taxi way side without going onto the grassy area and notes the area on the plan. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. 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: 114 Hart Street - Jeff Lawler Maxner reads legal notice. Maxner explains that she included a letter in the packet regarding litigation pertaining to the retaining wall. She explains that the applicant has requested a continuance to revise the plans to incorporate changes to the wall that resulted in the settlement of the litigation with the neighbor. She recommends that the Commission visit the site. The Commission will visit the site on July 13,2009 at 5:45 p.m. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 9 of 12 Reilly moves to continue the public hearing to July 14, 2009, pending a site visit on July 13, 2009. Johnson seconds the motion. The motion carries 6-0. Abbreviated Notice of Resource Area Delineation Continued: 145 Conant Street - Harvest Development. LLC Rob McSorley, Sebago Technics, addresses the Commission and explains that a site visit was held and the Commission reviewed the wetland and buffer zone lines on the property. Maxner notes that erosion control is proposed for right at the limit of the buffer zone and questions if they will be able to conduct work without having to go past the silt fence. McSorley states that he does not think there should be a problem and they have plenty of room to work with. Maxner further notes that he indicated at the site visit that the buffer zone, which is currently maintained as lawn will be allowed to grow in and naturalize with native plants that surround the area. McSorley agrees that this is the plan. Maxner notes that the limit of the buffer zone will be based on the Mass GIS data. McSorley confirms noting that the limit of the buffer as marked out in the field is the Mass GIS line. There being no further questions or comments regarding this matter, Hayes moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Old / New Business Continued Discussion with Beverlv Conservation Land Trust on the Chapman's Corner Conservation Restriction Maxner notes that she has been unable to contact George Hall and recommends that the Commission continue this discussion to the next meeting. Continued: 28 Fol2er Avenue & 1 Bathin2 Beach Lane - Joseph Pafumi & Donald & Judith Morse Maxner reports that the Commission visited the site this past Saturday and looked at the area of clearing. Hayes states that he thinks that the area will fill itself back in and he is not sure that anything should be done other that requiring that it not be touched again. Members agree. Squibb notes that there is a pile of brush that needs to be removed from the site. Reilly suggests that the Commission inform them in the letter that if it happens again they will be fined. Cademartori noted that the neighbor actually did the clearing and recommends that the owner be made aware that they are responsible for any action on their property no matter who does the work. Paluzzi suggests that both parties receive the letter. Maxner agrees. Beverly Conservation Commission June 23,2009 Meeting Minutes Page 10 of 12 Paluzzi suggests that the letter order the removal of the pile of brush on the site by August 1, 2009 or they will be fined $100.00 per day. Johnson so moves. Seconded by Hayes. Motion carries 6-0. 76 Paine Avenue - DEP File #5-980 - ReQuest for Minor Modification - John Swansbur2- Maxner reports that the applicant's representative, John Dick has requested that this matter be continued to the July 14, 2009 meeting. She notes that he wants to respond to David Smith's comments regarding the proposed modification. New: Administrative Expenditure Approvals Maxner explains that a kiosk was stolen from Bald Hill three days after it was installed. She notes that there is suspicion that a neighbor may have taken it but they do not know for sure. Hayes questions if a new one would disappear as well. Maxner explains that they are considering placing it in a different location closer to the playground. She explains that the Commission has been asked to pitch in to replace it, as the sign maker is willing to make another for half the price at $500. She notes that there may be some funds left over in the Planning Department supplies budget that could be used but it will not cover the entire $500. Paluzzi states that he would not be opposed to contributing some of the money but not all of the cost to replace it and suggests that the Planning Department figure out how much it has and the Commission could make up the rest. Members agree. Maxner will find out if any money is available from the Planning Department and the Commission will discuss it further at the next meeting. Other Expenditures Approval Maxner presented the following expenditures for approval. $397.00 for the annual MACC membership renewal (this fee includes all 7 Con Com members and one staff person) Squibb moves approval. Reilly seconds the motion. The motion carries 6- O. $196.00 for George Hall's continued services regarding the Chapman's Corner CR negotiations. Johnson moves approval. Squibb seconds the motion. The motion carries 5-0-1 (with Hayes ab staining). Orders of Conditions 1 Water Street - Black Cow Restaurant Beverly Conservation Commission June 23,2009 Meeting Minutes Page 11 of 12 Discussion ensues as to potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. Chemical deicing for snow and ice management shall be restricted to the use of calcium chloride. Hayes seconds the motion. The motion carries 6-0. 12 Middlebury Lane - Gan2i Discussion ensues as to potential conditions for the project. Hayes moves to issue Standard Conditions and the following Special Conditions: 1. The 16-inch Linden tree shall not be removed. Removal of 18-inch Pine tree and two willow trees immediately adjacent to the retaining wall is allowed under this Order. 2. In addition to the proposed enhancement plantings, and as mitigation for removing the 18-inch Pine tree, a replacement tree of at least 2 1Iz inches in caliper shall be installed somewhere within the 25-Foot No Disturb Zone. The replacement tree must be a species native to New England of the applicant's choosing. 3. The area of enhancement plantings shall not be manicured or mulched but shall be left to naturalize. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 6-0. 8 Elm Top Lane - McDonou2h Discussion ensues as to potential conditions for the project. Hayes moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction activities commencing, the proposed Coastal Bank and Buffer Zone plantings must be installed and inspected by the Conservation Administrator. 2. As agreed to by the applicant during the June 23, 2009 hearing, in addition to the plantings that are called out on the approved plan, additional plants shall be installed within the lawn area in the 25-Foot No Disturb Zone. The planting area in this zone shall be at least 100 square feet in size to mitigate for incursion of the enclosed pool and patio into the 25' NDZ. Planting species as specified on the approved plan are acceptable. 3. The entire planting area shall be left to naturalize and shall not be mulched or manicured. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 6-0. 46 LP Henderson Road- Roma Ventures II Beverly Conservation Commission June 23,2009 Meeting Minutes Page 12 of 12 Discussion ensues as to potential conditions for the project. Hayes moves to issue Standard Conditions and the following Special Conditions: 1. Long-term storage of oils or any other chemicals within the hangar is prohibited. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. Cademartori seconds the motion. The motion carries (6-0). Approval of Minutes The minutes of the Conservation Commission meeting held on June 2, 2009, are presented for approval. Johnson moves approval. Hayes seconds the motion. The motion carries (5-0-1) with Reilly abstaining. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Reilly seconds the motion. The motion carries 6-0. The meeting adjourns at 9:45 p.m.