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2009-12-08 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present December 8, 2009 Conservation Commission Chair David Lang, Bill Squibb, Dr. Mayo Johnson, Gregg Cademartori, Mary Reilly, and Kate Glidden Members Absent: Tony Paluzzi 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 Street, Beverly, Massachusetts. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Commission is now waiting for a response with a final easement and a revised plan for review and sign off. She recommends that the Certificate of Compliance issued after the conservation easement is executed and recorded. She noted that the matter was previously continued to the January 5,2010 meeting. Squibb moves to continue. Seconded by Johnson. Motion carries 6-0. Cont: 76 Paine Avenue. DEP File #5-867. ReQuest for Partial Certificate of Compliance- Jack Swansbun!: John Dick and John Swansburg are present at the meeting. Dick explains that since the last meeting he has provided two additional drawings one of which is a revised plan showing three cross sections or the seawall. He also notes that he has submitted a letter certifying the size and condition of the rip rap and believes it is consistent with the elevations on the plan. He explains that the top of the wall seems to be higher than the calculations that were done for the previous survey by Hayes Engineering. Dick explains that what is in place is designed to require periodic maintenance and repairs but at the moment it appears to be stable. He also notes that any repairs or maintenance will require a new filing with the Commission. Lang notes that there appears to be some evidence of settlement either that there is a discrepancy in the elevations. Dick states that he stands by the survey because Hancock used a benchmark on Route 127. Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 2 of9 Lang asks if they have the calculations of the beach elevations prior to the construction of the seawall being built noting that it looks like there is a difference of three feet in places. Dick states that his survey seemed to indicate that the beach has eroded but he is not sure that it is an ongoing problem. Dr. Johnson states that Mr. Wadsworth has told him that at one time it was a step from the top of the wall to the beach and it has historically been eroding. Reilly asks Dick if he has an explanation for the difference in elevations. Dick explains that he used a FEMA benchmark on Route 127 noting that he cannot be sure that Hayes was using NGVD so he uses a benchmark. Lang notes that Dick has certified that the seawall was built in compliance with the Order of Conditions and asks if the Commission has any other questions and entertains a motion to issue a Certificate of Compliance. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance. Reilly seconds the motion. The motion carries 6-0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 10 Avalon Avenue -Frederick Horne Richard Cosian with Beals & Thomas is present for the applicant. Maxner reads legal notice. Co sian explains that the applicant is proposing to perform modifications to his subsurface septic system, which includes replacement of three septic tanks within the buffer zone to coastal bank and replacing them with a 2,000 gallon tank outside the buffer zone. He also notes that one of the septic tanks will be replaced with a distribution box. Co sian explains the plans with the Commission and notes the location of the ocean in relation to the location of the proposed septic tank. He also notes that the sewer lines are in place and the distribution box will replace one of the tanks per the Beverly Board of Health. Co sian states that they will restore the area to its current condition and will reseed the lawn area. Maxner asks if there will be any changes to the leeching field. Cosian states that there will be no changes. Johnson asks how the new tank will empty into the leeching field. Co sian explains the locations on the plan and the route to the leeching field. Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 30f9 Maxner asks what the time frame for the project will be. Co sian states that he is not sure if they will be able to try and do the work this year noting that they may try if the weather is right, but he expects that the work will be done next spring. Reilly questions if they are utilizing lawn area within the 25' NDZ for the project. Co sian explains that they are using lawn area and notes the location on the plan. Lang asks if there is 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 issue a Negative 3 Determination with the condition that hay bales be installed and inspected my Maxner prior to construction, Reilly seconds the motion. The motion carries 6-0. Recess for Public Hearim!:s Johnson moves to recess for public hearings at this time. Reilly seconds the motion. The motion carries 6-0. Abbreviated Notice of Resource Area Delineation Cont: 875 Hale Street - Svmes Development & Permittim!:. LLC c/o Jeff Rhuda Jeff Rhuda is present on behalf of the application. Maxner explains that the Commission is asked to verify and affirm the nature and boundaries of wetland resource areas on this site and the Commission has received the peer review report preformed by William Manuell on behalf of the Commission. She reads Manuell' s report into the record. Lang opens the hearing up for public comment at this time. Bob Lewis of 903 Hale Street addressed the Commission and questions if copies of the proposed plans will be available to the public. Maxner states that the public can view the plans at any time in the Beverly Planning Department. There being no further questions or comments regarding this matter, Cademartori moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Notices of Intent Cont: 114 Hart Street - Jeff Lawler Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 40f9 Maxner informs the Commission that the applicant has requested that the matter be continued to the January 5, 2010 meeting, and no discussion of the matter will be held this evening. Squibb moves to continue. Reilly seconds. Motion carries 6-0. Old / New Business 41 Beaver Pond Road - Restoration Plan - Alden Drake James Emmanuel, Landscape Architect, is present for the applicant. Alden Drake is present. Emmanuel addresses the Commission and explains the restoration planting plan. He notes the location of the trees and shrubs and notes that they are all native high bush blueberries, winterberries etc. He notes that cedar posts have been installed along the edge of the paved way to prohibit vehicles from parking in this CR area. Maxner questions the size of the proposed trees. Emmanuel explains that they are proposing 2" caliper trees. Maxner questions if Eastern Red Buds are deciduous. Emmanuel states that they are. Maxner suggests a June 1,2010 deadline for the completion of the project. Drake states that they could be done by then. Reilly suggests that the Commission hold some money in escrow noting that the Commission would normally have the Certificate of Compliance at stake but in this case the work is being done as the result of an Enforcement Order. Lang states that he is not sure that the Commission has the authority to do that. Maxner notes that the Commission fined the applicant $3,900 and the fines have been paid. Lang noted that the Enforcement Order would stay in place until the Commission releases it. Cademartori asks if the EO has been recorded. Maxner states it has not. Cademartori states that it may make sense for the Commission to hold money and questions who holds the Conservation Restriction on the site. Maxner notes that the Conservation Commission holds the CR. Cademartori suggests that they be required to submit monitoring plans for the plantings. Drake states that he will be onsite during the planting of the trees and plants as well as the construction of the house, and they will monitor the plants for at least a year and promises to replace any plantings that do not take in the fall of 20 1 O. Discussion ensues regarding monitoring schedules and completion dates. There being no further questions or comments regarding this matter, Johnson moves to approve the planting plan for 41 Beaver Pond Road with the following conditions: 1. The Restoration Plan shall be executed and completed no later than June 1, 2010; Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 50f9 2. The plantings shall be monitored for a period of 18 months from plant installation so as to ensure 100% survivorship by the Fall of2011, all dead or failing plant material shall be replaced; 3. The Commission or its Administrator shall be notified at least 72 hours prior to execution of work on site. Reilly seconds the motion. The motion carries 6-0. New: 254 Essex Street. DEP File #5-1021- ReQuest for Minor Modification - YMCA of the North Shore Maxner explains that the Commission issued an Order of Conditions for a path within the parking lot of the teen center and the Y is seeking a minor modification. She explains that at the request of a neighbor they are adding plantings for screening and have moved the path further away from the neighbor's yard and into the Buffer Zone slightly. Maxner reviews the plans with the Commission and the modifications are discussed. There being no further questions or comments regarding this matter, Reilly moves to approve a minor modification for the YMCA. Squibb seconds the motion. The motion carries 6-0. New: 46 L.P. Henderson Road. Beverlv Airport. Map 89 Lot 1. DEP File #5-1022 - An2ier Ames Maxner explains that the Commission received a letter from Alan Battistelli asking for clarification on Special Condition # 2 of the Order the Commission issued at its last meeting. Battistelli explains that the condition requires a berm be installed at the hangar opening and he notes that the aircraft cannot maneuver over a berm. He notes that the hangar opening is outside the buffer and that the remaining three sides of the hangar will have a concrete lip to protect from spillage. Lang explains the size of the berm does not need to be large, as he believes the Commission meant only to contain spills, which would really only require a lip of 2 inches or so. Battistelli states that he was expecting a much larger berm as if it was for curbing, noting that a couple of inches of concrete will not be a problem to install as the planes can manage to go over that. He agrees to install a small lip of concrete and thanks the Commission for the clarification. New: 1 Bathin2 Beach Lane. DEP File #5-1020 - Donald Morse Maxner explains that the Commission received a letter from Donald & Judith Morse asking a modification to Special Condition # 6 of the Order of Conditions. She notes that the applicant lives two and a half hours away in NH, so she offered to read their letter from them. She reads the conditions, which states "As observed and discussed during the October 31, 2009 site inspection, all debris, boats, and abandoned cars located on and off the subject property shall be removed from site." She notes the car was Mrs. Morses who stored it there while they were away on trip and it is now gone. She notes that the Morse's accidentally stored the boats on a Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 60f9 neighboring property and promised to move them. The Morse's ask that they be allowed to store their boat on their property. Members discuss the boat storage and agree that the Morse's be required to take care that no gas or oil be stored on site or in the boats and that they prevent fuel leakage. Johnson suggests that the requests in the letter be allowed and to place the letter on file. Cademartori agrees noting that boat storage is more a zoning issue as long as gas and oil leaks are prevented. Other Business New: 15 Roosevelt Avenue. DEP File #5-920 - ReQuest for Certifcate of Compliance - Dave & Gail Balentine Maxner explains that the Commission has received a request for the Certificate of Compliance for 15 Roosevelt Avenue. She explains that the Order governed work involving raising the grade of their rear yards up to 18 inches in order to alleviate flooding which has resulted from development of the residential/commercial property at 495 Cabot Street directly adjacent to their property. They also proposed to widen the driveway and add a shed and do some native landscaping in the rear yard. She also explains that the Balentine's are asking for a waiver from the as-built plan and engineer's letter, as did the Turners when they received their partial Certificate. Maxner notes that she visited the site and shows the Commission photos of the area. She notes that the driveway, shed, and plantings are all in compliance. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 15 Roosevelt Avenue and to issue a waiver from as built plans and an engineer's letter. Reilly seconds the motion. The motion carries 6-0. 7 Tall Tree Drive - Informal Discussion Re2ardin2 Certificate of Compliance ReQuirements - Robert Maihos Maxner explains that these two Orders governed the installation of an in ground pool and construction a six car garage. She explains that there were special conditions specific to the garage and tied to the rest of the plan. She also notes that special condition #3 required a qualified wetlands specialist certify survivorship of the plantings. Mr. Maihos asks if a certified arborist can provide the necessary documentation and certification of plant survivorship. Members discuss the planting plan and other conditions of the permits. Maxner notes that granite markers 25 feet apart are to be installed delineating the 200-Foot Riverfront Area (RA) but notes that a large part of the RA is within the house. Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 70f9 Lang questions why the 25' NDZ was not included in demarcation. Cademartori notes that during presentation of the plan Griffin Engineering seemed clear that the limit of the RA was to be the absolute limit of any further development on the lot as they have reached their threshold of available developable RA. Maihos asks if a cheaper material can be used for the markers like wood posts. Reilly suggests that they install wooden cedar posts in the proposed locations of the markers and have Maxner review them. She suggests that the markers are installed a couple of feet above grade to make sure they are visible in the field. Lang notes that the markers should be very visible, noting that there should be a demarcation between the forested area and the manicured lawn area and the plaques must be attached to the top of the markers. Members agree. Discussion ensues regarding where to purchase plaques for the markers indicating that it is a No Conservation Disturb Zone. Maxner lists the recommendations for Mr. Maihos, which include: '" 4"x4" cedar posts shall be installed every 25 to 30 feet along the edge of the RA not within the footprint of the house or pool; '" Plaques reading "Conservation No Disturb Zone" shall be installed on the posts; '" Top of posts must be at least 18 inches above grade for good field visibility; '" A certified arborist may replace a wetland scientist in certifying and verifying plant survivorship. Maihos agrees to all of these conditions and thanks the Commission for its time and consideration. Sam Fonzo Drive. Map 65 Lot 4. DEP File #5-934 - ReQuest for extension to ORAD - Aero Manufacturin2 and Kelleher Construction Maxner explains that the applicant is requesting a one-year extension for the ORAD that was issued three years ago for the wetland line at Map 65 Lot 4. She notes that Libby Wallis of Hayes has provided a letter certifying the continuing accuracy of the delineation. There being no further questions or comments regarding this matter, Johnson moves to issue a one-year extension. Reilly seconds the motion. The motion carries 6-0. 43 Beaver Pond Road - ReQuest to Remove Tree Maxner explains that Carmen Frattarolli is requesting to remove a tree that fell down and he would like to remove the stump and grind it. She provides photos of the subject tree for members to review. She questions if the Commission wants the stump removed. Lang states that it should probably be removed because it might be a safety issue. He also notes that it probably has not been down long enough to develop a habitat. Cademartori agreed. Discussion Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 80f9 ensues regarding the removal of the trunk, which is large and inside the wetland. Members agree that removal of the trunk may do damage to the wetland and agree that methods of removal should be provided prior to its removal. Johnson moves to allow the removal of the tree stump at 43 Beaver Pond Road. Cademartori seconds the motion. The motion carries 6-0. 12 Middlebury Lane. DEP File #5- 1002 - Victor Gan2i - ReQuest to Remove Tree Maxner explains the owner is requesting approval to remove a tree that fell down due to heavy snow and they are requesting to remove the stump. Members review the photos provided by Mr. Gangi and discuss the tree. Johnson moves to allow the removal of the tree and its stump at 12 Middlebury Lane. Cademartori seconds the motion. The motion carries 6-0. Whitehall Hill Circle. DEP File #'s 5-1016. 5-1016. 5-1017 - ReQuest for Clarification from Robert Griffin. Griffin En2ineerin2 Maxner explains that she received an email from Bob Griffin noting that the Order of Conditions states that no site work can take place until a building permit is in place and they want to start clearing and doing site work on the lots. He notes in the email that in his presentation to the Commission he noted that they intend to clear the lots and do site preparation but that they do not have buyers for the lots at this time. Cademartori notes that they have three years to build the project and that condition coincides with the language in the Beverly Ordinances. Lang asks if the Commission wants to allow site work to be done on the site prior to the issuance of a building permit. Cademartori notes that they do not need a building permit to clear the lots but they will need them for the foundations. Maxner also explains that the Order of Conditions requires the installation of the split rail fence and No Disturb Markers prior to the start of construction and they are requesting to hold off and install the split rail fence after the major construction is completed. Cademartori states that the fence should be installed noting that if the fence gets broken during construction they should just replace it. Members agree not to waive that condition noting that the fence must be installed for a visual cue to contractors. Lang agrees and notes that the Commission will allow the site prep work to be done and the split rail fence must be installed prior to the start of construction. Orders of Conditions There are no Orders of Conditions to issue this evening. Beverly Conservation Commission December 8, 2009 - Meeting Minutes Page 90f9 Approval of Minutes There are no minutes presented for approval 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 6-0. The meeting adjourns at 9:00 p.m.