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2009-09-01 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present September 1, 2009 Conservation Commission Chair, David Lang, Vice Chair, Tony Paluzzi, Bill Squibb, Dr. Mayo Johnson Members Absent: Gregg Cademartori and Mary Reilly 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 received a draft of the conservation easement from the applicants Attorney it is being reviewed by the City Solicitor. She recommends that the matter be continued to the September 22,2009 meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 4-0. New: 254 Essex Street.DEP File #5-837- YMCA of the North Shore Maxner explains that the applicant has requested that the matter be continued to September 22, 2009. She explains that she visited the site and they have completed most of the work. She notes that she is waiting for the stream enhancement report from DeRosa Environmental. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 4-0. ReQuest for Determination of Applicabilitv New: 1 Bovden Street- build addition and deck- Sharon Dockham Sharon Dockham is present at the meeting. Maxner reads legal notice. Dockham addresses the Commission and explains the plans for the construction of an addition and deck to her house. She notes that the nearest footing will be 35 feet from the wetland as measured by Ms. Maxner in the field. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 2 of 10 Lang asks if there will be a frost wall. Dockham explains that there will be no frost wall but that the addition will be supported by pier footings, which was intentional to avoid further impact within the Buffer Zone. Maxner asks what type of excavation can be expected for the footings. Dockham's contractor notes that the footings will be dug with a small rubber wheeled bobcat and they will remove excess material from the site. Lang asks how big the addition will be. Dockham explains that it will be one story 25 x 16. Lang asks if the area under the addition will be left open. Dockham explains that there will be lattice work on the outer sides of the footings for aesthetic purposes but there will not be any concrete or anything like that. Maxner suggests that erosion control be installed and that she inspect it prior to construction. She notes that a silt fence will be sufficient. Lang asks if there is any public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination with a special condition that the erosion control be inspected by Maxner prior to construction. Johnson seconds the motion. The motion carries 4-0. New: 60 Middlebury Lane- replace deck- Peter & Sandra Ma2liaro Mark Pelland, Pelland Builders is present for the applicants. Maxner reads legal notice. Pelland addresses the Commission and explains that the Magliaro's encountered extensive rot on the side of the house while making repairs to an existing deck. He explains that they had to rebuild the back wall and remove the deck. He explains that they are requesting to build a new deck within the original footprint and create a more substantial footing for rear deck support. He explains that they are proposing a 4' x 2' x10" thick strip footing upon which three10" sono tubes will rest to support the deck. Work to take place within 100-Foot Buffer Zone to Bordering Vegetated Wetland and within the Beverly regulatory 25-Foot No Disturb Zone. Work in the 25' NDZ has been approved as existing deck is already within this zone in lawn area and will not encroach further toward the wetland. Paluzzi asks if they will be using a machine to dig the trenches. Pelland explains that a small machine will be used to dig the hole for the footing. He notes that they will be a little closer to the house with the footing than what was there before. Paluzzi asks if they expect to hit water. Pelland stated that they do not expect to hit water. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 3 of 10 Lang asks if there is any public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination with a condition that Maxner inspect erosion control prior to excavation. Johnson seconds the motion. The motion carries 4-0 Recess for Public Hearin2s Paluzzi moves to recess for public hearings. Johnson seconds the motion. The motion carries 4- O. Notices of Intent Cont: 114 Hart Street - Jeff Lawler Maxner explains that the applicant has requested that the matter be continued to the September 22, 2009 meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 4-0. Cont: 16 & 16B Bavview Avenue - Robert & Michael Hubbard Bob Griffin, the Engineer and Jack Tucker the Landscape Architect for the project are present at the meeting. Griffin addresses the Commission and explains that a discussion was held at the last meeting, which resulted in the Commission requesting additional information and construction details. He explains that they have submitted a planting plan for 16B Bay View, which calls for planting up to the edge of the coastal bank line thereby relinquishing lawn area within a resource. He reviews the plans. Griffin explains that they have revised the plans for the concrete deck to reduce the size from 8x12 to 8x10. Griffin also notes that DEP comments suggested that the stairs be open treads due to the location in the V Zone. He notes that they have proposed open tread stairs. Jeff Tucker explains the planting plan noting the buffer and the top of the coastal bank. He notes that the Commission indicated that they would like to take back some of the lawn area and that is what they have done. Johnson notes that the original proposal called for cutting everything back to 26" and asks if they still plan to do that. Tucker explains that the goal is to take enough of the canopy away to remove the invasive species and allow the desirable plants to flush out with new growth. Griffin notes that Tucker will be onsite during the cutting. Johnson notes that he does not want to see clear cutting to establish a view, but rather each shrub should be minimally cut to achieve better growth. Tucker agrees with that approach. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 4 of 10 Maxner asks how long the trimming and the cutting will take. Tucker estimates that it should take about a week. He notes that if the Bittersweet comes back probably in two years they would come back with a plan to maintain that. Lang suggests that the Order of Conditions should include an annual maintenance plan. Tucker agrees and suggests that it should be at least every other year. Maxner reviews the note on the plan and asks for clarification. Tucker explains that they originally proposed to cut the invasive species and put grass seed down but now they are installing shrubs, which should do the job of stabilizing the area. Lang suggests that the Commission could approve this pending the submission of a maintenance plan. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 4-0. Herrick Street - Beverlv Hospital- Northeast Health Systems John Dick of Hancock Environmental is present for the applicant. Dr. Johnson recused himself from discussion of this matter. Maxner explains that the Commission does not have a quorum this evening to act on this matter. She notes that Dr. Johnson has recused himself which leaves only 3 members, not a quorum. Paluzzi moves to continue the public hearing to September 22, 2009, Squibb seconds the motion. The motion carries 4-0. John Dick submits additional information that was requested by the Commission and Maxner will distribute to members for the next meeting. New: 21 Riverview Street- build 2ara2e. pier and float. resurface driveway. remove trees- Charles Mann Charles Mann is present. Maxner reads legal notice. Mann addresses the Commission and explains that his consultant Mary Rimmer will be along shortly as she had another hearing to attend a couple of towns away. He notes that he is Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 5 of 10 proposing to reconfigure the driveway and construct an attached garage and small sitting area on the bank area. He notes that there was a dock at one time but that it has collapsed and so he is proposing a 90-foot pier with a 30-foot ramp and a 10'x 20' float. Johnson asks if they are proposing to blast for the garage noting that photos show ledge on the site. Mann explains that the will not be blasting and will be using a hoe ram. He also notes that they will be use stone pavers for the driveway. He also explains that the reason that they are moving the driveway is because of the headlights coming into the driveway shine into the house. He also notes that they will not have a lawn area. He explains areas of remnant concrete and asphalt removal to help decrease impervious surface on the site. Lang suggests that the Commission visit the site. Paluzzi agrees. Lang also asks if they have applied for Chapter 91. Mann states that they have not done that yet. Maxner notes that the proposal requests cutting down trees within the Riverfront and asks for clarfication. Mann explains that they would like to cut down 10 trees and states that most of them are Norway Maples and they are proposing to replace them with native trees along with an extensive native planting plan. Johnson asks if the proposed sitting area is the only area that is in the No Disturb Zone. Mann states that it is and explains the location on the plan. Maxner notes the existing concrete stairs on the plan and asks Mann to explain the proposal for them. Mann explains that they are going to repair them. He also shows photos of the previous pier on the site. Maxner requests that the trees be marked for the site visit. Lang agrees and also requests that the sitting area and the pier be marked for the site visit as well. The Commission schedules a site visit for Saturday, September 19, 2009 at 8:00 a.m. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 22,2009, pending a site inspection on September 19, 2009 at 8:00 a.m. Squibb seconds the motion. The motion carries 4-0. Abbreviated Notice of Resource Area Delineation Cont: 232-234 Essex Street - Walker Realtv John Dick of Hancock Associates is present for the applicant. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 6 of 10 Dick addresses the Commission and explains that a site inspection was held and the Commission asked for additional information and revisions to the plan. He explains the adjustments that were made to the flags and explains each. He reviews the wetland data sheet for the E System. He also explains that the E system on the top of the rocky area is 544 s.f. He notes that he his certain that the site is dry and does not support wetland hydrology or vernal pool habitat. He also notes that the intermittent stream has been added to the plan along the YMCA property as requested. Dick notes that the determination is good for three years and there are no plans to do any construction anytime soon. Maxner notes that it was suggested that flag C5 be moved closer to the wall. Dick explains that he did not move flag C5 but he can do that and submit a revised plan. Lang suggests that the Commission approve the plan with the condition that flag C5 be moved to the property wall. There being no further questions or comments regarding this matter, Paluzzi moves to approve the Abbreviated Notice of Resource Area Delineation for 232-234 Essex Street - Walker Realty pending the submission of a revised plan per Flag C5. Johnson seconds the motion. The motion carries 4-0. Old / New Business 108 Hart Street - Mary Scannell- ReQuest to Cut Down Tree Maxner shows the Commission photos of the tree that Mrs. Scannell proposes to cut. She notes that Ms. Scannell has provided a copy of a diagnosis for the tree from Mayer Tree Service. Lang suggests that the Commission approve the work noting the diagnosis from the tree service. Mrs. Scannell explains that the tree service will climb the tree to remove it piece by piece and that they have done a similar job like that in the past. She notes that she is worried the tree will fall over in a windstorm and cause damage to her house or her neighbor's property. There being no further questions or comments regarding this matter, Paluzzi moves to approve the removal of the tree at 108 Hart Street. Johnson seconds the motion. The motion carries 4-0. Cont: Continued Discussion with Beverlv Conservation Land Trust on the Chapman's Corner Conservation Restriction Maxner explains that she has been keeping this on the agenda because they are trying to work with Tom Harrington and the Friends of Chapman' s Corner relative to a donation toward the BCL T. She explains that he has indicated that they are willing to contribute something but noted that people have been in vacation. She also explains that Atty. George Hall is trying to get them to contribute and suggests that the Commission continue the matter to September 22, 2009. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 7 of 10 There being no further questions or comments regarding this matter, Paluzzi moves to continue. Johnson seconds the motion. The motion carries 4-0. Cont: 100 Sam Fonzo Drive. DEP File #5-643 - Amended Enforcement Order Libby Wallis is present for the applicant. Wallace addresses the Commission and explains the mitigation plan for 100 Sam Fonzo Drive per the Enforcement Order. Lang asks if this is a one shot deal or have they proposed a maintenance plan. Wallis states that they have not proposed a maintenance plan. She suggests that they would check it after a year to see how the plantings are doing. She explains the planting schedule. Wallis notes that they split the plantings into two areas and some are adjacent to the detention pond. Maxner explains that she and Maxner visited the site with Mark Tiffany of Kelleher Construction, who will be doing the work. She states that she will be happy to accompany Maxner on site once the work is to begin to make sure that the crew understands the requirements. Wallis notes that it the work is not done this fall it will be done in the early spring. Discussion ensues regarding the time line for the plantings. Lang notes that they may not be able to get all of the plantings that they want at this time of year and suggests that they be given a deadline for the plantings to be completed by May 15,2010. There being no further questions or comments regarding this matter, Paluzzi moves to approve the planting plan for 100 Sam Fonzo Drive. Johnson seconds the motion. The motion carries 4- O. New: Essex County Greenbelt - Trail Maintenance and Stewardship of Beverlv Commons Area Dan Streeter of North Shore Mountain Biking Association and Kate Walton of Essex County Greenbelt address the Commission and explain the work that they are proposing to do in cooperation on the Beverly Commons open space area as follows: Beverly Commons 2009 Trail Work proposed by NSNEMBA/ECV in cooperation with ECGA . Add 30' bog bridge over seasonally wet area (see generic bog bridge schematic) Add one or 2 short plank crossings over soft spots . Short reroute and rockwork to improve seasonally wet section Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 8 of 10 . Improve drainage and trail definition on sloped trail section Rockwork to extend existing bog bridge . Replace 35' "corduroy" in low seasonally wet spot with plank bog bridge Improve tread/trail definition on sloped section . Where possible, add drainage nicks to reduce flowage/ponding on woods road Avoid any activity in area of vernal pool Streeter also explains that they are proposing Routine Maintenance Activities in all area as follows: . Cut back trail corridor, 3' x 8' . Clean drainage dips, add nicks where effective . Deberm tread, add outslope where needed . Clear deadfall Streeter notes that all work will be accomplished by volunteers with hand tools at the expense of NSNEMBA. Streeter also explains Potential Future Project Locations to the Commission as follows: . Bridge over stream . Trail section follows lowest possible route and is plagued by many muddy spots . Relocate trail to sidehill where possible . Branch Lane woods road has several areas of mud/standing water Add drainage nicks relieve some of the stading water Consider roadway improvements to facilitate better fire/public safety access . Low muddy spot in woods road Consider alternatives - add boardwalk on the south side of the existing road . Section has several low spots . Relocate to sidehill, bog bridge where there is no alternative . Section rerouted a number of years ago, does not interface well with existing trails Consider route changes and tread improvements . Possible trail closures . Improve existing connector trail Lang states that he thinks that these are reasonable plans and he appreciates them taking the time to maintain the area. Streeter states that they will be back next year with more plans. Maxner explains that any new trails or new features proposed next to the wetland would have to be looked at by the Commission. She thanks Streeter and Walton for their time and effort in being stewards of this property. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 9 of 10 There being no further questions or comments regarding this matter, Lang thanks Streeter and Walton for attending the meeting. Orders of Condtions 16 & 16B Bavview Avenue Discussion ensues regarding potential conditions for the projects on 16 & 16B Bay View Avenue. Paluzzi moves to issue Standard Conditions, with the following Special Conditions: 1. Prior to work commencing, an annotated invasive plant photographic identification sheet, prepared by a landscape architect or other qualified professional, shall be submitted to the Commission for its file. This sheet shall contain labeled photos, names and description of non-desirable plants. 2. Prior to work commencing, an annual maintenance/management plan shall be prepared for the coastal bank plantings and invasive specie control program. This plan shall be written for the information and instruction of future homeowners and shall be given to all successors and assigns of the subject property at the time of transfer of ownership. 3. Prior to work commencing, a framing plan for the coastal bank stairway shall be submitted to the Commission for review. 4. All work on the stairs shall avoid impacts to and shall protect the integrity of the 26" Linden tree located on the coastal bank. 5. A qualified landscape architect shall be on site during all phases of vegetation pruning and plant installation to supervise, guide and direct construction personnel on such activities. 6. The existing desirable shrubs to be retained shall not be pruned or trimmed all at a uniform height; rather each specimen shall be trimmed or pruned as minimally as necessary to encourage new growth and vigor. 7. The existing sod and established grassy area slated to receive proposed native plants shall not be stripped or removed; the plants shall be installed without major disturbance to grassy area in order to maintain the stability of the coastal bank. 8. The area of new plantings and vegetation management shall not be manicured, mulched or mowed so that the area shall be allowed to naturalize. Mowing or cutting of native salt tolerant grasses shall only be done in conformance with the maintenance plan per Special Condition # 2 above, and only to maintain the health and vigor of such grasses. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 4-0. Approval of Minutes There were no minutes approved this evening. Beverly Conservation Commission Meeting Minutes - September 1, 2009 Page 10 of 10 Other Business Maxner informs the Commission that the latest bill from Attorney George Hall is $40.00. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 4-0. The meeting adjourns at 9:30 p.m.