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2009-10-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present October 13,2009 Conservation Commission Vice Chair, Tony Paluzzi, 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 Beverly Public Library, 32 Essex Street Street, Beverly, MA. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Commission will recall this Certificate of Compliance is on hold pending review from the City Solicitor's office, which was completed this week. She notes that the Solicitor approved the draft language and she has directed the applicant's attorney and engineer to revise the plan to depict the correct limits of the easement so that the balance of the undisturbed land is protected. She explains that we are now waiting for a response with a final easement and a revised plan for review and signature. She recommends that the Certificate of Compliance be issued after the conservation easement is executed and recorded. There being no further questions or comments regarding this mater, Johnson moves to continue the matter to the November 10, 2010 meeting. Squibb seconds the motion. The motion carries 5-0. Recess for Pubic Hearim!:s Johnson moves to recess for public hearings. Reilly seconds the motion. The motion carries 5-0. Notices of Intent Cont: 114 Hart Street - Jeff Lawler Maxner informs the Commission that the applicant has requested that the matter be continued to the November 10, 2009 meeting. She explains that he is still working out issues with the neighbors. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 2 of 16 Squibb moves to continue the matter to November 10, 2009. Johnson seconds the motion. The motion carries 5-0. Cont: Herrick Street - Beverlv Hospital Helipad Reconstruction - Northeast Health Svstems Dr. Johnson recuses himself from discussion of this matter and leaves the room. Dick Doherty, Hancock Associates, addresses the Commission and explains the history of the site and the decision to reconstruct and reconfigure the helipad at Beverly Hospital. He notes that there are new FAA guidelines and they were not sure as to what exactly would be required because of the guidelines. They have now revised the plan to adhere to the guidelines, and noted that if they use the same spot for the helipad it would result in the loss of25 parking spaces. He also notes that a 2004 Master Plan for Beverly Hospital provided for specific number of parking spaces and for the safer operation of the helipad. He notes that there was some confusion on the Commission's part as to the project and that is why they are back here tonight in response to the Commission's request for additional information. Doherty states that the plan provides safety, an acceptable travel path and the number of parking spaces required, and consideration of the neighbors. He notes that there is a need to remove some trees from the property; however, this project will reduce the impervious surface on the site. He also notes they have provided an operations and maintenance plan and a stormwater management plan as the Commission requested which was part of the Planning Board site plan reVIew process. Doherty reviews the drainage for the site and notes that the catch basin will be equipped with a sump. He also notes that they will be repaving and regarding the site and will clean out the existing four foot catch basin. He further notes that 460 s.f. of paving will be removed from the site and replaced with pervious surface. He reviews the runoff and notes the direction of the flow noting that the water will be reduced because it will seep into the grassy pervious area. Doherty explains that 17 trees will be removed from the site. He notes that they are Norway maples, an invasive type of tree. He explains that 11 of the trees are in the buffer zone. He also notes that no work is expected within the 25' NDZ. Cademartori clarified that the information presented to the Commission was insufficient noting that Mr. Doherty just explained the Hospital did not have a clear idea of what activities would be required in the Buffer Zone. He further notes that it appeared that the catch basins were to be abandoned resulting in untreated stormwater flow exiting the site to the wetland. Cademartori asks if the catch basin will require risers if it is reconstructed. Doherty notes that they are not reconstructing the catch basins. He explains that they will bring them up a bit and put a small curbing in and clean them out. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 3 of 16 Doherty addresses the Commission and states that the intent is to insure that the flow goes through the catch basins. He notes that the discharge from the parking lot will be improved in quality and peak flow. Squibb refers to sheet 8 of the plans and notes that it appears there is a windmill in the line of flight. Doherty reviews the flight path. Reilly questions if the City Engineer has reviewed the plans and drainage calculations. Doherty explains that the City Engineer has reviewed the plans on behalf of the Planning Board site plan reivew and has recommended no changes to them. Maxner questions if the City hired CDM to review the plans or were they reviewed in house. Doherty states that they were reviewed in house. Paluzzi opens the hearing up for public comment at this time. There was no one present who wished to comment on the project. There being no further questions or comments regarding this matter, Cademartori moves to close the public hearing. Reilly seconds the motion. The motion carries 5-0. Cont: 21 Riverview Street- build 2ara2e. pier and float. resurface drivewav. remove trees- Charles Mann Maxner notes that the Commission will recall the project involves several elements including construction of a two-car garage, driveway reconfiguration, landscape improvements, tree removal, enhancement plantings and construction of a pier, gangway and float within the 200' Riverfront Area to the Bass River, tidal flat and coastal bank. Mr. Mann addresses the Commission and notes that a site visit was conducted on September 19th and he has revised the plans incorporating suggestions of the Commission. He explains that the new plans show a revised location for the coastal bank and the 25' NDZ has been adjusted so that work involved in the NDZ includes the terraced sitting area and native landscaping, invasive plant removal and minimal tree removal. Mann explains the landscaping plan. Maxner asks how they plan to stabilize the bank. Mann explains that he plans to install a landscape fabric that will be staked in place at each planting site. Maxner notes that all work should be done by hand. Mann agrees. 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, Reilly moves to close the public hearing. Cademartori seconds the motion. The motion carries 5-0. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 4 of 16 New: 15 Bailev Avenue - DEP File #5-1014 - William & Janet Bresnahan Maxner reads legal notice. Robert Griffin of Griffin Engineering and Mr. Bresnahan is present at the meeting. Griffin addresses the Commission and explains that the Bresnahan's are proposing to demolish the existing single-family house and construct a new house, reconfigure the driveway, utilities and landscaping within the 100' BZ to coastal bank and 200' Riverfront Area to the Danvers River. He also explains that they are planning to incorporate a rain garden into the landscaping to capture roof runoff. He notes that they will using native plantings and a conservation seed mix as well as some impervious treatments to the sides of the driveway and walkways for further infiltration, noting that impervious surfaces decrease from 2,880 s.f. to 2,700 s.f. Griffin explains that there is a 25' SESD sewer easement on the northerly side of the property that goes right through the property. He also notes that they have provided a Supplemental Riverfront Form attached to the NO!. Griffin explains that they will be appearing before the ZBA in about a month for a variance for the non-conforming lot. Reilly asks what the grade of the driveway will be. Griffin explains that it is fairly flat and he intends to put a crown on it and pitch the sides. Paluzzi asks what the size of the rain garden will be. Griffin explains that it will be 80 s.f. Reilly notes that they intend to use pervious pavers for the sides of the driveway and questions why they are not using them for the whole driveway. Griffin explains that it is a cost issue. He notes that he is also using the pavers in the front of the walkway. Reilly asks what the width of the driveway is. Griffin states that it is about 20 feet wide. Maxner questions what variances they are seeking from the ZBA. Griffin explains the they are 12 1Iz feet from the front yard set back which will go to 16 where 20 is required, and on the westerly side yard set back the 12 1Iz foot offset decreases to 1. 7 feet. Griffin also notes that the Bresnahan's neighbors support the project. Squibb notes that there is an SESD easement on the plan and asks if SESD has reviewed the plan. Griffin states that they have reviewed the plan. Maxner notes that DEP has not commented on the project yet. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 5 of 16 Reilly suggests that the Commission visit the site. Maxner suggests that the hearing be kept open pending comments from DEP and that members could visit the site on their own if they so choose. Paluzzi 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, Johnson moves to continue the matter to November 10, 2009. Reilly seconds the motion. The motion carries 5-0. New: 22.24. & 27 Whitehall Hill Circle - DEP File #'s 5-1017. 5-1016. 5-1017 - David Carnevale Bob Griffin, Griffin Engineering is present for the applicant. He notes that there are two other parcels on the agenda this evening and it may make sense to do the presentation on them together. Commission members agree. Maxner reads legal notices or 22, 24 & 27 Whitehall Hill NOI's. Griffin reminds that the Conservation Commission issued an Order of Conditions last August for the subdivision roadway and infrastructure and construction started in October of last year. He notes the binder coat is down, infrastructure is complete and Lot # 8 and # 6 are now under construction. He notes that all of the house lots within the jurisdiction of the Commission will file separate NOI's and these filings are the first of them. 27 Whitehall Hill Circle. DEP File #5-1015 - Subdivision Lot 4 - Assessor's Map 23 Lot 19E Griffin explains that the applicant is proposing to construct a new house, pool, walkways, utilities, and landscaping and associated appurtenances within 100' BZ to BVW. He explains the plans and notes that all three houses are buffer zone projects and they wish to begin clearing the lots and get started with site work. He notes that lot 4 is along the ravine of the intermittent stream and the no-cut zone markings have been installed. Griffin reviews the drainage calculations for the subdivision roadway, which assumed 25% impervious cover on each lot. He also reviews the stormwater management plan. He notes that the footprint of the houses and their exact location on the lots may change if a future buyer wants to change anything and that could result in a change to the impervious surface on the site and they would like the ability to come back should that be the case, noting that prior to the issuance of building permits they have to submit drainage calculations for each of the lots. Squibb asks how much fill they will be using on the site. Griffin reviews the plans noting cuts and fills on the plan explaining that there is a 500 gallon drywell at the corner of the driveway which will take part of the roof and driveway runoff for infiltration, noting that this lot is 20% Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 6 of 16 impervious. He explains the proposed boulder retaining wall that will run along the westerly and southerly side of the lot. Reilly ask if they plan to include any lower impact technologies on the site. Griffin notes that this is a cluster subdivision, which has already reduced the impact on the parent site. Cademartori questions if the individual house lot plans could include rain gardens or other LID, as they can be attractive features of the landscaping and recommends these opportunities be looked at. Griffin states that most lots will have drywells but there could be some rain gardens. Reilly asks if there are pools planned for all lots. Griffin notes that a pool could be a desirable amenity for a buyer in that price range that is why they put it on the plan. Paluzzi opens the hearing up for public comment at this time. Marie Alves of 5 Morrison Avenue addresses the Commission and reads her letter to the Commission. She expresses her concerns about the impact of blasting on the site on her property, which in her opinion has caused several very large sinkholes in her back yard and thinks that the blasting damaged her drainage pipes in her yard. She also notes that she is concerned about drainage and control of runoff. John Aves, 5 Morrison Avenue, addresses the Commission and expresses his concerns about sinkholes in his yard, which he believes the developer should be required to fix. Griffin explains that he conducted a site inspection with Eric Barber, Asst. City Engineer, and Amy Maxner and it is his conclusion that rodents are burrowing are creating the holes. He also explains the blasting regulations and notes that the blasting company has to provide adequate notice to the abutters before they blast. Griffin reports that the developer offered to install a drainage pipe for the Alves in their back yard years ago and but they refused the offer. He also explains that there is a diversion structure that will split the amount of water flowing to Wetland A and the detention basin, noting that there has always been water coming down that slope and the concern was to maintain the hydrology of the wetland. Squibb asks what type of pipe is in the Alves' yard. Mr. Alves states that it is a 4" PVC pipe. Reilly asks if the Alves' contacted the blasting company about this. Mr. Alves states that the sinkholes only appeared after all the blasting was done. Stan Ostrowski of236 Hale Street addresses the Commission and expresses his concern about the percentage of impervious surface on the site and asks if any assumptions changed from when the road drainage was calculated to now. He states that a drainage study should be done. Griffin notes that the drainage calculations indicate that the additional 1,000 s. f. of impervious surface can be accommodated by the drywells on site. He noted that they have to submit drainage calculations to the City Engineer before a building permit is issued. Cademartori asks if the 25% impervious of each lot was to be handled by the roadway drainage. Griffin states not necessarily and they have proposed on-site stormwater management methods such as the drywells. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 7 of 16 24 Whitehall Hill Circle. DEP File #5-1016 - Subdivision Lot 20 - Assessors Map 23 Lot 19S Griffin reviews the plans for lot 20. He explains that the applicant is proposing to construct a new house, pool, walkways, utilities, and landscaping and associated appurtenances within 100' BZ to BVW. He notes that the plans call for the installation of a drain manhole in the front yard with an overflow pipe, which will take care of lot 21 as well Paluzzi notes a drainage easement on the plan and asks where it comes from. Griffin explains that all around upper wetland A there is an easement that will give the city and the homeowners association the ability to maintain the area. Reilly asks how the drywells will be maintained. Griffin explains that they should be cleaned a couple of times in the first year to be sure that they are operating effectively and after that they should be cleaned once a year. Maxner suggests that could be a perpetual condition in the OOC's for each lot. Cademartori questions adding lot runoff to the roadway drainage system noting that this is not a routine practice. Griffin notes that the driveway and roof will be going into the drywell but that overflow will discharge to the street drainage. Paluzzi opens the hearing up for public comment at this time. Stan Ostrowski of236 Hale Street addresses the Commission and expresses his concern about the City being responsible for maintenance of the drainage system when he feels that it should be the homeowners association. Griffin states that it is indeed a homeowners association but there are easements granted to the City in case of an emergency or necessity. 22 Whitehall Hill Circle. DEP File #5-1017 - Subdivision Lot 21- Assessors Map 23 Lot 19T Griffin reviews Lot 21 and notes that this is a buffer zone only project. He explains that they are proposing to construct a new house, pool, walkways, utilities, and landscaping and associated appurtenances within 100' BZ to BVW. He notes that there is an existing knob ofledge that will be removed from elevation 102 down to elevation 98. He also reviews other locations that will be cuts and fills and notes that this lot will be approximately 24% impervious. He reviews the drainage for the site and the location of the drywells as well as the proposed grade changes. Paluzzi opens the hearing up for public comment at this time. Mr. Alves asks if the blasting company has been chosen. Griffin states that it has not been determined at this time. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 8 of 16 Paluzzi suggests that the Commission should visit the sites. Maxner agrees and discussion ensues regarding possible dates for a site visit. The Commission agreed to hold site visits on Saturday, October 31, 2009 at a time to be determined. Reilly moves to continue the public hearing to November 10, 2009, pending a site visit on October 31,2009. Cademartori seconds the motion. The motion carries 5-0. Johnson moves for a five-minute recess at this time. Reilly seconds the motion. The motion carries 5-0. The Commission reconvened at 9:10 p.m. New: 1 Bathin2 Beach Lane - raze existin2 and reconstruct new sin2le-familv house- Donald Morse Frederick Geisel, P.E., is present for the applicant. Maxner reads legal notice. Maxner reports that the Commission will recall issuing an Enforcement Order for the unauthorized demolition of the structure and excavation for foundation within the 200' Riverfront without a permit and requiring a Notice ofIntent. Geisel addresses the Commission and reports explains that the proposed building is to be located beyond the first 100 Riverfront Area and will be located within the required setbacks to the adjacent property. He explains that the project will be mitigated by the addition of a groundwater recharge system to handle all of the roof runoff from the 900 s.f. roof area where 700 s.f. existed before. Geisel explains that the addition cannot be located any closer to the property lines (away from the river) and meet zoning setbacks. He notes that the proposed structure just barely meets the zoning side setback requirements Geisel states that there will be no significant adverse impact on the Riverfront Area or the upland area of the BVW. He also notes that the project will have positive impacts on the riverfront area by providing storm damage prevention, eliminating the discharge of untreated stormwater runoff, and prevention of flooding by controlling and treating exiting uncontrolled stormwater. Reilly asks if there will be any changes to the driveway on the site. Geisel states that there will be no changes to the existing driveway. Reilly asks if there will be any removal of trees for this project. Geisel states that they will be removing two trees and notes the locations on plan. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 9 of 16 Maxner asks if they are saying that the limit of the coastal BVW is coincident with the coastal bank. Geisel explains the location of the coastal bank on the plan noting that the topography is such that there is no coastal bank to the north along the BVW. Paluzzi suggests that the Commission visit the site. Members agree. Paluzzi asks if the existing sheds will be removed. Geisel notes that they will remain where they are. Paluzzi opens the hearing up for public comment at this time. Richard Kraus of 7 Riverview addresses the Commission and expresses his concern that a large tree was cut down. Geisel states that they cut down brush and small saplings and they cut to the property line. Dan Finn of Echo Realty Trust addresses the Commission and states that he owns property immediately across from this project on Bathing Beach Lane and notes that the subject property used to have a private cesspool. He also expresses concern over the condition of the road noting that there is debris and branches around as well as boats and vehicles. He asks that the Commission impose a condition requiring them to clean up the site. Johnson asks if the utilities will remain the same. Geisel states that they will. Johnson asks if the sewer is upgraded. Geisel states that the house is no sewer with a force main. Michael Osborne, contractor for the applicant, addresses the Commission and states that a building permit was issued by the Building Department and this project has been okayed by the City and does not see why the Commission needs to visit the site as there is nothing to see. He also notes that this process has put him out of work too long and he asks the Commission to approve the project and let him get back to work. Maxner asks Osborne to lower his voice and explains to him that the Commission needs to visit the site to verify the resource areas and observe site conditions. Eric Winter of 9 Riverview Street addresses the Commission and expresses his concern about runoff from the sewer. He also notes that it is a narrow street and he questions whether it is a legal right of way that can be constructed upon. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to November 10, 2009, pending a site visit on October 31,2009 at a time to be determined. Reilly seconds the motion. The motion carries 5-0. New: 254 Essex Street. YMCA Sterlin2 Center- YMCA of the North Shore c/o Jack Meanv Maxner reads legal notice. Charlie Wear of Meridian Associates is present for the applicant. Meegan O'Neil, Executive Director is also present. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 10 of 16 Wear addresses the Commission and explains that the YMCA obstructed the City's 50' right of way leading off of Essex Street to the former land fill with a large berm and plantings on the east side of the teen center to provide a screen for Hawk Hill abutters. He explains that they filled in the right of way owned by the City of Beverly thus blocking pedestrian public access and they are correcting that with this plan. Wear explains that they are reconfiguring the parking spaces and a guardrail will be installed to create a path and tie it to the existing recreational space and gravel pathways that lead into the woods. He explains the locations of the guardrail and the path on the plans. Maxner explains that the Beverly Open Space and Recreation Committee was integral in pursuing the pathway and as its staff she is voicing the Committee's support for this proposal. She notes that the Committee are also requesting that the applicant install signage to alert people of the public access. Wear stated that it is not a problem. Paluzzi opens the hearing up for public comment at this time. John Mastriate addressed the Commission and asked where the access paths go. Wear explains the locations on the plan. Randy Warren of276 Essex Street addresses the Commission and questions why the berm was allow to be placed in the middle of the right of way. Wear explains that it was an oversight at the time and this filing will correct that error. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Squibb seconds the motion. The motion carries 5-0. New: (0) Hale Street. Map 15 Lot 8 - Endicott Colle2e c/o Richard Wvlie Maxner reads legal notice. Joe Orzel of Gulf of Maine introduces Dr. Richard Wylie President of Endicott College and Dennis Monaco, Facilities Manager. Orzel informs the Commission that this NOI is a result of an enforcement order that was issued for the unauthorized construction of a sand volleyball court. Dr. Wylie addresses the Commission and explains that he was trying to provide a sand volleyball court on the site at the request of students. He apologizes to the Commission for violating the regulations and noted that Endicott College takes the environment seriously but that there once existed a sand court and his only intention was to return the area back to its original condition. Orzel addresses the Commission and explains that prior to the volleyball court the site was covered with grassy lawn. He reviews the plans and notes that a silt fence has been installed per order of Ms. Maxner. He explains that a portion of the work occurred in the 25' NDZ. He noted Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 11 of 16 that the primary function of the coastal bank was not altered. He reviews the wetland resources found on site, which include Coastal Beach, Coastal Bank, Land Subject to Coastal Storm Flowage, V-Zone and A-Zone at elevation 20 and 100-Foot Buffer Zone. Paluzzi asks how much area in the NDZ was disturbed. Orzel shows the Commission photos of the area. He explains that 1,417 s.f. was previously lawn area and is returning to lawn. He states that the volleyball court will be 313 s.f. Maxner asks if they plan any mitigation for the project. Orzel states that potential mitigation could be invasive species control, noting that there is Asiatic Bittersweet, Norway Maples. Virginia Creeper on the site and cutting that back would be beneficial. Orzel notes that there is a Black Locust tree on the site that is outside of the NDZ and it is leaning, and they would like to remove it. Johnson questions if there is any way to move the volleyball court closer to the street. Orzel states that they are concerned about it being close to the road with errant volleyballs flying into the street. Paluzzi asks what the distance to the road is. Orzel estimates that it is about 55 feet. Maxner asks if there is any opportunity to vegetate some of the coastal bank that is currently being mowed as lawn. Dr. Wylie explains that they have concerns about blocking the view for security vehicles. He notes that Patch Beach is an area of concern and security keeps a close watch on the area. Members discuss the need for a formal planting plan in mitigation for the incursion and areas are identified on site that can accommodate plantings. Cademartori suggests that the area to the east of the court looks to be sparsely vegetated. Orzel consults with Monaco and they agree this area is appropriate. Paluzzi 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, Reilly moves to continue the public hearing to November 10, 2009, and that the applicant submit a mitigation planting plan. Stabilization of the site is allowed to occur with sod or seed. Johnson seconds the motion. The motion carries 5-0. Reilly moves to allow the removal of the leaning Black Locust Tree from the site. Johnson seconds the motion. The motion carries 5-0. Abbreviated Notice of Resource Area Delineation New: 875 Hale Street - Svmes Development & Permittin2. LLC c/o Jeff Rhuda Maxner reads legal notice. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 12 of 16 Brian Waterman, Waterman Design, explains that wetland resources on site have been flagged and a plan surveyed by Hayes Engineering. He notes there is a BVW occupying most of the easterly section of the site with an associated stream. He notes that the mean high water line to Chubbs Brook, a perennial stream, has been flagged and the 200-Foot Riverfront Area is delineated at the south end of the property. He also notes that the stream running through the BVW is classified as an intermittent stream with a drainage basin at less than 1J4 acres in size. He explains the stream stats test he ran on the USGS website in accordance with 310 CMR 10.58. He provide an overview of the aerial photos and Mass GIS maps. Johnson suggests that the Commission visit the site. Members agree. Paluzzi opens the hearing up for public comment at this time. Robert Lewis of 903 Hale Street addresses the Commission and states that he feels that water flows in that stream in the BVW all year long. He also notes that there was a drainage improvement project conducted by the City in the area five years ago and he is concerned about additional construction and runoff. Cademartori notes that there is no construction proposed yet for the site, explaining that this application and hearing is only meant to verify and characterize the wetland resources on site. He explains that the USGS maps are used as the first guide for the character of the stream and it shows on the map as intermittent in this case. Alfred Brown of 903R Hale Street addresses the Commission and expresses his concern that the low land at the southern end of the property is close to being a wetland as the flooding is extensive in this area. Cademartori asks Waterman if any flood zones encumber the property and where such zones are located. Waterman refers to the aerial map and surveyed map. Mary Grant of 868 Hale Street addresses the Commission and asks how characterizing wetlands differs under the State Act and the local Ordinance. Waterman explains the difference noting that the local Ordinance regulates isolated wetlands of a certain size where the State Act does not. T om Grant of 868 Hale Street addresses the Commission and asks the limits of the Commission's jurisdiction. Maxner explains that the 100 Buffer Zone and the wetland or 200 feet from the mean high water line of a perennial stream are areas of Commission jurisdiction, and any work within that zone must be reviewed and permitted but there is a local 25-Foot No Disturbance Zone where work or disturbance is prohibited within the first 25 feet of the wetland. Extension discussion ensues regarding the burden of proof regarding whether a stream is intermittent or perennial. Kevin Barry of 865 Hale Street addresses the Commission and states that in the 8 years he has been there he has never seen the stream run dry. Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 13 of 16 There being no further questions or comments regarding this matter, Squibb moves to continue the public hearing to November 10, 2009, pending a site visit on October 31,2009 time to be determined. Reilly seconds the motion. The motion carries 5-0. Old / New Business New: Beaver Pond Road - OSRD Lot # 3. Conservation Restriction Violation - Alden Drake Alden Drake is present at the meeting. Drake addresses the Commission and explains that his tree contractor proceeded to cut down the trees on his property before he could inform them that approval was required for the work to be done. He explains his relationship to the site and he anticipates being on site throughout the entire construction phase. Maxner reviews events that led up to the clearing. She states that mitigation should be required and notes her recommendations in the staff report. She suggests that the Commission should focus on the wetland area and that fines should be issued for each tree and shrub cluster that was removed. She notes that Friday, October 16th is the last day that fines can be assessed and that she would need to revisit the site to count tree and shrub stumps. Squibb states that he feels that the Commission should move forward with the fines especially considering this area has two CR's governing the area. Johnson agrees noting that if this particular parcel has many levels of Commission jurisdiction. Reilly states that she feels that a qualified wetlands specialist should handle developing the restoration plan. Johnson agrees. Cademartori asks if most of the cutting was in the wetland. Maxner notes that it was mostly in the wooded buffer zone. Cademartori notes that he would not be opposed to a qualified arborist or landscape architect developing a plan. Discussion ensues regarding site conditions and mitigation requirements. Johnson moves to ratify the enforcement order and issue a fine of $100.00 per cut tree, and the Commission requests that a full restoration plan to be prepared by a qualified professional that restores the under story with native shrubs and trees - this plan should include at least a 1: 1 restoration of trees and shrubs; the plan must be submitted in time for the December 8, 2009 meeting with a deadline for completion of June 1,2010. Reilly seconds the motion. The motion carries 5-0. New: 640R Hale Street - Vernal Pool No Disturb Zone Demarcation - Jeff Lawler Maxner addresses the Commission and reports that Mr. Lawler performed work before the conditions of her May 13, 2009 letter were met. She notes that she talked with him and informed him to stop the work and flag the wetland. She also noted that she had him install hay bales at the limit of the 100' NDZ. She shows the Commission photos of the area Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 14 of 16 Maxner explains that the work extended beyond the northerly boundary of the property because he was preparing to purchase a protion of the neighbor's land to provide a larger building envelope to move the house around. She notes that since then he has had Bill Manuell flag the wetland and he moved some of her flags back about 10 feet or so. She notes that she has checked these flags and the line still seems reasonable as he did soils and she did not. She recommends that Mr. Lawler should be required to submit a formal application and be required to replant the entire area of disturbance within the 100' NDZ and monument the NDZ as described in her May 2009 letter. Discussion ensues regarding the approach to gaining compliance. Cademartori moves to issue a revised Enforcement Order requiring Lawler to do the following: '" Submit a restorative planting plan that enhances woodland vernal pool habitat to be prepared by a qualified wetland scientist. This plan shall also address the proposed removal of the large failing Beech Tree on site. The plan shall be submitted no later than Tuesday November 3,2009 to be discussed and considered at the November 10, 2009 Commission meeting; '" Submit a surveyed plan showing the wetland delineation and NDZ, lot lines, proposed house, proposed plantings and proposed permanent monuments at the limit of the 100' NDZ which shall bear the following language "No Disturbance of Any Kind Beyond This Point Per Order of the Beverly Conservation Commission" facing the upland side; '" A deadline for final execution of the restoration plan shall be provided at the November 10, 2009 meeting. Squibb seconds the motion. The motion carries 5-0. New: Cabot Street. DEP File #5-1010 - Bryant Lessard & Rosalie Cox Maxner explains that the Commission will recall issuing an OOC for this lot for a new house within the 100' BZ to BVW. She reports that Mr. Ron Nadeau has finally found a buyer for this lot and they wish to reconfigure the house, which will encroach into the 25' NDZ. Brian Lessard explains that they are proposing to relinquish an area of lawn to try to compensate for the encroachment. Members discuss this proposal and remind Lessard that the edge of the 25' NDZ still needs to be monumented once the project is complete. Lessard states that he understands his obligations in that regard. Cademartori moves to approve the change in house location provided that the relinquished lawn is planted with native plants to enhance the area. Reilly seconds the motion. Motion carries 5-0. New: 100 Sam Fonzo Drive - Enforcement Order Follow Up Maxner reports that on September 8,2009 she accompanied Elizabeth Wallis of Hayes Engineering and Mark Tiffany of Kelleher Construction on site to help guide planting and Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 15 of 16 invasive specie removal per the approved mitigation plan prepared by Ms. Wallis. Additional activities required by the EO were also discussed and all work was completed that day. She notes that on September 21, 2009 she conducted a final site inspection to confirm full compliance with the EO and found site conditions to be satisfactory and recommended that the EO be lifted. Reilly moves to lift the EO. Cademartori seconds. Motion carries 5-0. National Grid - McKav Street Tree Removal Maxner reports that National Grid has requested to remove additional trees along McKay Street within the Buffer Zone to Shoe Pond. Members review the photos of the trees and briefly discuss this request. Cademartori moves to allow their removal. Johson seconds. Motion carries 5-0. Orders of Conditions 21 Riverview Street- build 2ara2e. pier and float. resurface drivewav. remove trees- Charles Mann Discussion ensues regarding potential conditions for the project. Cademartori moves to issue Standard Conditions and the following Special Conditions: 1. All work involved with the removal of invasive species and installation of native plants and the installation of the dry laid patio and walkways shall be done manually. No machinery shall be allowed within these areas of work. 2. Newly disturbed soil surrounding the area of newly installed native plantings within the coastal bank and 25-Foot No Disturb Zone shall be covered and staked with a biodegradable erosion control fabric to prevent any erosion of soil from the site into the resources. 3. The barge shall be floated in during high tide and may sit and be elevated on spuds on the beach at low tide and shall not be allowed to bottom out on the beach. 4. The use of chromated copper arsenate (CCA) treated wood and creosote treated timber for piles and decking shall be used only after alternatives to CCA and creosote treated wood are explored. Wood preservative must be dry before treated wood is used in construction. 5. All the shavings and cuttings ofCCA-treated lumber, if used for the pier, shall be collected, using vacuum means wherever possible, during construction of the pier and float. No lumber, cuttings or scrap shall be permitted to fall into the water, beach or coastal bank during construction. Reilly seconds the motion. Motion carries 5-0. 254 Essex Street. YMCA Sterlin2 Center - YMCA of the North Shore c/o Jack Meanv Beverly Conservation Commission October 13, 2009 Meeting Minutes Page 16 of 16 Discussion ensues regarding potential conditions for the project. Cademartori moves to issue Standard Conditions and the following Special Conditions: 1. Signage shall be installed at the 3' brake in the guardrail that invites the public to "please enjoy this public right of way." Reilly seconds the motion. Motion carries 5-0. Herrick Street - Beverlv Hospital Helipad Reconstruction - Northeast Health Svstems Discussion ensues regarding potential conditions for the project. Cademartori moves to issue Standard Conditions and the following Special Conditions: 1. The catch basin located at the westerly edge of the parking lot within the area of the existing helipad shall be upgraded to be equipped with an oil/grit and grease separator. 2. No trees, shrubs or other vegetation shall be removed from within the 25-Foot No Disturbance Zone (i.e. the first 25 feet from the wetland) 3. All reasonable efforts shall be made to remove trash, debris and foreign material from within the wetland and along the rip-rap embankment. 4. In order to direct stormwater into the existing catch basin, a berm (cape cod or equivalent) shall be constructed around the existing helipad area that is to be abandoned and turned into parking. 5. The Stormwater Operation and Maintenance Plan (0 & M), dated June 24,2004 prepared by Hancock Associates shall be adhered to in perpetuity. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. 6. A Stormwater Maintenance Report shall be submitted to the Commission no later than May 15, 2010, and every May annually thereafter. This Report shall document all efforts to maintain the stormwater management system on site per the 0 & M plan in the past year. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. Squibb seconds the motion. Johnson abstains. Motion carries 4-0-1. 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. Paluzzi seconds the motion. The motion carries 5-0. The meeting adjourns at 11 :55 p.m.