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2009-07-14 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 14,2009 Conservation Commission Chair, David Lang, Vice Chair, Tony Paluzzi, Bill Squibb, Dr. Mayo Johnson, and Mary Reilly Members Absent: Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that she has yet to hear from the applicants Attorney regarding the conservation easement and recommends that the matter be continued to the August 11, 2009 meeting. Johnson moves to continue the matter to the July 14, 2009 meeting. Paluzzi seconds the motion. The motion carries 5-0. ReQuest for Determination of Applicabilitv Cont: 116 Standley Street. Joseph Tassinari Mr. Tassinari is present at the meeting. Maxner notes that the applicant is proposing to install a 24' above ground pool and 12' attached deck within the 100' BZ to BVW. She notes that the Commission visited the site yesterday and the proposed deck and pool were staked out for observation. She also reports that mitigation plantings were discussed for unauthorized tree removal in the buffer. Reilly notes that Mr. Tassinari removed two trees and recommends that mitigation plantings be installed along the edge of the wetland, suggesting native shrubs and bushes. She believes that 8 to 10 shrubs would be sufficient and would prefer that they be placed between the edge of the pool and wetland. Lang notes that he visited the site this evening and spoke with Mr. Tassinari who indicates that he is amenable to plantings. He explains that Maxner gave Tassinari a list of suggested plantings. Paluzzi suggests 8 - 10 shrubs would be acceptable. Maxner agrees and suggests high bush Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 2 of 10 blueberry and sweet pepper bush or at least two different species to ensure diversity. Tassinari agrees and states that he will take direction from the Commission in this regard. Maxner notes that the Commission typically requires that plantings are installed prior to construction. Lang notes that in this case the applicant may have difficulty finding them at this time of year and he would not mind if they waited to install the plantings until the spring if they are unable to get them this year. Reilly notes that the installation of the pool may pose risk of damage to the new plantings so in this case a later planting would be preferable. It is agreed that the plants will be installed no later than the end of May 2010. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination approving the project subject to the following Special Conditions: 1. As a condition of approval for the installation of the pool and deck and as mitigation for unauthorized removal of two large pine trees within the 100-Foot Buffer Zone, eight to ten (8-10) native shrubs shall be planted within the 25-Foot No Disturb Zone in the general area between the pool and the existing fence. 2. The native shrubs shall consist of at least two different species to increase biodiversity. Any species that are included on the "Native Trees, Shrubs, and Groundcovers for Riparian Buffers" list provided to the applicant are acceptable. 3. The shrubs shall be installed no later than May 31,2010 and shall be inspected by the Conservation Administrator upon completion of installation. 4. In order to create a natural buffer between edge of lawn and the wetland, the area around the shrubs shall not be mowed, pruned, manicured, or mulched but rather left to grow in and naturalize. 5. Pool draw down discharge shall be directed over the lawn and not directly into the wetland. Reilly seconds the motion. The motion carries 5-0. Paluzzi moves to recess for Public Hearings. Johnson seconds the motion. The motion carries 5- O. NOTICES OF INTENT Cont: 114 Hart Street - Jeff Lawler Bill Manuell and Jeff Lawler are present at the meeting. Manuell addresses the Commission and explains that the site inspection was held yesterday. He notes that they will be substantially improving the site by replacing an existing timber retaining wall with a stonewall and they will be removing 330 s.f. of existing pavement on the site. He also explains that they will be adding landscaping and plantings in the buffer zone to the intermittent stream. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 3 of 10 Manuell also explains that 90% of the trees along the edge of the stream are Norway Maples and Mr. Lawler would like to remove them and replace them with a native evergreen for screening. He also explains that the configuration of the retaining wall along the access road will be changed but that is still being worked on. Lang asks if this project would be done in stages. Manuell explains that the applicant would like to do all of the work at once. Reilly notes that she would like them to look at how better to naturalize the bank with a variety of natives. She notes her concern over the stability of the bank if the trees were removed. Manuell explains that the Norway Maples will be cut at grade but not stumped and the new plantings will be take root before the Norway roots rot away and thereby stabilizing the bank. A discussion ensues regarding how to determine a Norway Maple from a Red Maple. Manuell states that he will flag the trees that are Red Maples. Maxner states that the wetlands flagging needs to be accurately reflected on the plan as well as narrative notes on the bank plantings and tree removal. Manuell states that the plan will be modified. Lang 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, this evening, Paluzzi moves to continue the public hearing to August 11, 2009. Reilly seconds the motion. The motion carries 5-0. New: 55 Abbott Street - Tim Duncan Maxner reads legal notice. Bill Manuell and Mr. Duncan are present. Manuell addresses the Commission and reviews the plans. He notes that the area for the proposed work is the yard area between the house and the concrete seawall. He notes that all work will be done landward of the wall. Manuell explains that they are proposing to renovate the driveway and install a paver stone surface. He notes the location of the deck, which will be slightly reconfigured and notes that it is 60 feet from the coastal bank. Johnson notes that the plans appear to show that the 25-foot NDZ takes a change in direction. Manuell explains that the 100-year flood elevation as well as the topography of the area determined the limit of the coastal bank. He explains the area on the plan. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 4 of 10 Reilly asks if there is a proposed planting list in the 25' NDZ. Manuell explains that they have not provided a planting plan to date and suggested that he would try to work in all native species Lang suggests that the Commission visit the site. Paluzzi agrees. Lang 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, Paluzzi moves to continue the public hearing to continue the public hearing to August 11, 2009, pending a site visit on August 3, 2009 at 6:00 p.m. Reilly seconds the motion. The motion carries 5-0. New: 16B Bavview Avenue - Robert & Michael Hubbard and New: 16 Bavview Avenue- Robert & Michael Hubbard Bob Griffin is present for the applicant Maxner reads legal notices. Griffin addresses the Commission and explains that there are two parcels involved at 16 and 16B Bayview Avenue. He explains that the house at 16 Bayview Avenue is under construction and expected to be completed this fall. He notes that they would like to do the proposed work to construct beach access stairway and deck and install shrubs and grass this fall as well. He further explains that they would like to do the project for 16B Bayview next year thus a separate NO!. He explains that the proposal is to restore the existing plantings along the coastal bank and remove invasive species as well as restore two access ways to the beach. He explains that they are proposing to construct wooden stairs at the end of a dirt path leading to the beach and that the stairs will be constructed of pressure treated wood and notes that there are existing metal posts and they are proposing sono tubes set in concrete. Griffin explains that the second set of stairs in 16B are in poor condition and they are proposing to reconstruct them in the same location and pin the stairway to the existing ledge. He explains the area on the plans, noting that the 8XI0 concrete platform will be poured and pinned to the ledge. Griffin reviews the proposed plantings for the coastal bank. He explains that they will be removing the invasive species and cut back shrubs to 36 inches. He also notes that dead shrubs will be cut to the ground surface, and they are proposing to stabilize the area with salt tolerant grassy seed mix. He explains that they would maintain the area by mowing it once or twice a year. Lang asks what the process would be for attaching the deck. Griffin explains that they will drill holes in the ledge and grout and nail to pin it to the ledge. He explains that the concrete will be 8- 24" thick with 24" at the thickest point. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 5 of 10 Johnson recommends that the Commission visit the site noting that there is a lot of work proposed for the NDZ and resource area. Lang opens the hearing up for public comment at this time. Atty. Tom Harrington representing the abutters addressed the Commission and requested that the applicant provide calculations or resource impact calculations that this project will have on the coastal bank and land subject to coastal storm flowage. Maxner also requested that they provide a cross section of the bank at the area where the stairs are proposed on each side. Irene Foley of 10 Bayview Avenue addressed the Commission and expressed concern about the use of pressure treated wood in the resource area. Griffin explains that pressure treated wood is still a standard method and material for coastal construction and that the dermal contact is regulated so the treads of each stairway will be made of Trex decking. A resident of3 Lawnbank Road asks if the Commission is going to inspect this area and expresses his concern about the natural beauty and easthetics of the coastal property that will be destroyed by the stairs and the damage that the Hubbards have done already. Anna Green of 4 Lawnbank Road addresses the Commission and expresses her concerns that the area referred to as path leading to the beach is a recent path and not a historically existing path. Griffin states that it is clearly not a new feature and has been there for sometime. Green noted that there have been three major storms in twenty years and her stairs were washed away during one of them. She also states that she feels that the MHW mark is a bit higher than they are showing on the plan. Griffin disagrees stating that he is pretty confident that all of the work is above the MHW but there might be some confusion as to terminology. Lang notes that it should be obvious during the site inspection but notes that the 100-year flood is coincident with the velocity zone, which does experience wave action. Griffin provides elevations for V zone and MHW. Maxner notes that some of the construction will be in the velocity zone. Green asks what the height of the stairs will be. Griffin explains the calculations and states that there will be a 20-21 foot elevation change. He states that it will be a significant improvement. She also noted that she feels that the stairs will be subject to much more wave action than is being presented. She also refers to the use of a geotextile wire mesh that is proposed and questions if it has been used in Beverly before and how effective it is. Lang notes that the Order of Conditions will specify actions to be taken by the applicant and Maxner will inspect preconstruction requirements. Maxner requests a detail of the installation of the supports for the stairs. Griffin agrees. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 6 of 10 Maxner reads a letter from Elizabeth Dunn, Chair of the Open Space and Recreation Committee regarding the location of the Ancient Highway. Atty. Harrington requested that the applicant provide a construction methodology narrative regarding the piping running the concrete and also that the location of the stairs be marked out as well. Griffin agreed to stake out the area of the proposed stairs. Discussion ensues as to the best access point to view the bank. Members agree on Monday August 3rd for a site visit. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to August 11,2009, pending a site inspection on August 3, 2009 at 5:00 p.m. Motion carries 5-0. New: 14 Cole Street - Arthur Thompson & Scott Gorman Bob Griffin and Arthur Thompson are present at the meeting. Maxner reads legal notice. Griffin explains that they held an informal meeting with the Commission regarding this proposal in early June. He explains the proposal to construct a portion of a bituminous concrete driveway and utility installation within the 100-Foot Buffer Zone to BVW located across the street, which will service a new house. He noted that the houses will be located outside the Commission's jurisdiction. He also explains that a catch basin will discharge to a 500-gallon drywell to capture stormwater and provide some level treatment and attenuate some peak flow. Lang asks if the water will go into the drywell and what will happen if the drywell is surcharged. Griffin states that with will go to the single catch basin and the overflow during large events will discharge to the drainage in Cole Street. Reilly asks if they plan to maintain the catch basins. Griffin explains that it is private drainage and they will be inspected once or twice a year and cleaned if necessary. Reilly notes that there is a maple trees slated for removed in the buffer zone. Griffin explains the location on the plan and notes that these trees need to be taken down to accommodate the new driveway but that they are not within the 25' NDZ. Lang opens the hearing up for public comment at this time. Jack McKenna, 15 Cole Street, states that the catch basin installed recently in the roadway has taken care of the flooding problem at that corner of the road and reports that he is very happy with that solution. He notes that this new catch basin and drywell will not flow to the Cole Street drainage because of the topography. Griffin explains the grades within the proposed driveway and Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 7 of 10 within Cole Street and notes that the grade is such that the water will indeed make its way to the Cole Street drainage. Mr. McKenna and Griffin discuss the plan and spot grades. Rene Mary, 274 Hale Street, expresses her concern about the Centreville Creek taking more water because this will add to the drainage system designed for the Thompson subdivision. Lang explains that this project is not part of that subdivision and the Centerville Creek will not be affected. Maxner asks if there an overflow outlet provided in the plan. Griffin explains that there is no overflow outlet and explains that if there is an overflow the water will flow down hill to Cole Street and into the city drain. He reviews the grade for the site. Discussion ensues regarding the flow path and grades. Lang notes that he would like to see the flow paths on a revised plan as well as a grate added to the bottom of the driveway to catch excess flow. Griffin states that these changes can be made to the plan. Discussion ensues regarding maintnenace of the catch basin and the grate. There being no further questions or comments regarding this project, Paluzzi moves to close the public hearing, Johnson seconds the motion. The motion carries 5-0. OLD/NEW BUSINESS Continued: Continued Discussion with Beverlv Conservation Land Trust on the Chapman's Corner Conservation Restriction Maxner explains that she has nothing new to report on this item, noting that some progress has been made but not enough to discuss tonight. Johnson moves to continue the matter to the August 11, 2009 Conservation Commission meeting. Paluzzi seconds the motion. The motion carries 5- O. Continued: 76 Paine Avenue - DEP File #5-980 - ReQuest for Minor Modification - John Swansbun!: John Dick addresses the Commission and explains that this is a Request for Minor Modification to the proposed tennis court. He notes that the Commission is familiar with the site and explains that the owner has decided that he does not want to build the tennis court as high as originally proposed. He explains that the changes to the plan have dramatically reduced the amount of fill that will be needed for the project and all work will be upgradient of the catch basin in the lawn. He explains the grades on the site and the location on the plan. He further explains other minor changes that include moving the fence to just behind the seawall, and additional buffer zone plantings. Maxner reads letter from David Smith of Vine Associates on behalf of the abutter Oliver Wadsworth at 77 Paine Avenue regarding concerns of flooding on the Wardsworth property suggesting that this matter should not be considered an amendment to the Notice of Intent rather Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 8 of 10 than a minor modification. Discussion ensues regarding the points in Mr. Smith's letter and erosion control is recommended between the property lines. Lang notes that there is quite a bit less fill being put on the site as a result of the proposed changes and he feels that this plan is better than the approved plan. He recommends that a minor modification is appropriate. He also stated that the chain link fence is still in the NDZ and he could not approve that. Discussion ensues regarding the fence and members agree that they cannot permit the fence within the 25' NDZ. There being no further questions or comments regarding this matter, Paluzzi moves to approve the minor modification denying the proposed location of fence and no fencing shall be allowed within the 25' No Disturbance Zone to Coastal Bank pursuant to paragraph 10 in the Findings section of the Original Order of Conditions and the following Special Conditions: 1. Erosion control shall be extended approximately 100 feet north along the westerly property boundary between # 76 Paine Avenue and # 77 Paine Avenue. 2. Erosion control shall consist of both hay bales and silt fence - hay bales must be staked and the silt fence must be entrenched. Johnson seconds the motion. The motion carries 5-0. Revised Landscapim!: Plan for 15 Eisenhower Avenue Maxner explains that the Commission will recall issuing a Negative # 3 Determination of Applicability for the construction of a 12' 6" x 28' 0" single story addition to rear of existing home, replace existing fencing within the same footprint with a split rail fence, and installation of native shrubs adjacent to fence within the 100-Foot No Disturbance Zone to a certified Vernal Pool. She refers the Commission to her staff report regarding the Commission's findings for that approval. She notes that Ms. Murphy is planning a much more extensive landscaping plan and she asks Ms. Murphy and her landscape architect to present the plan. Ms. Murphy's landscape consultant give an overview of the plan which includes pruning several existing trees along the perimeter of the yard and fence and removing three trees (1 Norway Maple, 1 small Red Maple, and 1 Elm) that are showing signs of disease or failure or that are posing a hazard to safety and property. The plan also includes installation of numerous native shrubs, ferns and herbaceous plantings that will result in a much more naturalized buffer between your lawn and the wetland resource. Members discuss the plan with Ms. Murhpy's consultatnt and recommend that erosion control be installed and that Maxner be able to inspect it. Murphy agrees. Reilly notes that this is an improvement over what exists as there is a great diversity of plants being installed. Paluzzi agrees noting that the trees slated for removal are not desirable in one way or another. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 9 of 10 There being no further questions or comments regarding this matter, Paluzzi moved to approve the landscaping plan for 15 Eisenhower Avenue. Reilly seconds the motion. The motion carries 5-0. Administrative Expenditure Approvals Bald Hill Kiosk Maxner explains that the Planning Department was able to find $400.00 in the budget for the replacement of the Kiosk at Bald Hill. She requested that the Conservation Commission contribute $100.00 towards the cost. Paluzzi moved to authorize the $100.00 expenditure to contribute to the cost of replacing the Kiosk at Bald Hill. Reilly seconds the motion. The motion carries 5-0. 21 Wentworth Drive - reQuestim!: that the Commission remove a hazardous tree within the Buffer Zone to BVW - Ron & Kim Jones of Maxner explains that the resident is requesting to remove a tree that is hazardous on their property. She provides photos of a triple trunked tree that is dead located along the side of the driveway. She notes that she included their request letter in the Commission's packets for their review. Paluzzi states that he has read the letter and reviewed the photos and he thinks it would not impact the wetland if it were removed. Members agree. Paluzzi moves to allow the tree to be removed, at the owners' expense. Reilly seconds the motion. The motion carries 5-0. Orders of Conditions 14 Cole Street - Arthur Thompson & Scott Gorman Discussion ensues as to potential conditions for the project. Hayes moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction commencing a revised plan showing the following details shall be submitted to the Commission for review and approval by its Administrator: '" A flow path shall be provided which satisfactorily demonstrates that stormwater will drain into the existing catch basin in Cole Street should the proposed catch basin and dry well become surcharged; '" A grate shall be added to the width of the end of the driveway to help catch stormwater flow and direct it to the drywell. 2. Maintenance of the catch basin shall be performed quarterly during the first year and then shall be performed annually thereafter. Reilly moved to approve the conditions as discussed. Paluzzi seconds the motion. The motion carries 5-0. Beverly Conservation Commission July 14, 2009 Meeting Minutes Page 10 of 10 Approval of Minutes - There were no minutes approved this evening. 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 5-0. The meeting adjourns at 9:30 p.m.