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2010-02-23 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present February 23,2010 Conservation Commission Chairman David Lang, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Gregg Cademartori Members Absent: Bill Squibb Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, Massachusetts. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that they have been waiting for the final conservation easement to be approved by the City Solicitor and it was finally approved today. She explains that the next step is for the Conservation Commission to approve it and forward it to the Beverly City Council for their action. Lang asks if the matter is time sensitive. Maxner states that it is not really time sensitive at this point. She notes that she emailed it to members for their review. Lang suggests that the Commission table the matter for now and perhaps take it up later in the meeting. Paluzzi moves to table the matter. Reilly seconds the motion. The motion carries 6-0. New: 10 Fosters Point. DEP File #5-865 - Robert Thomson Lang recused himself from discussion of this matter. Maxner explains that this Order and Amended Order governed the construction of a pile- supported walkway, pier, gangway and pile supported terminal float within multiple resource areas to the Danvers River. She notes that the Surveyor's certification reports that the ACOE performed a site visit in May of 2008 confirming compliance with the proposed structures as depicted on the attached Chapter 91 License Plan with a final revision dated 06-29-06. And the Amended Order approved the plan revised on 10-31-05. She further explains that there is a deviation to the plan, explaining that the 06-29-06 plan shows two additional floats, lengthening the system by 41 feet and increasing the square footage by 768 s.f. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 2 of 11 Johnson asks if the Army Corp of Engineers approved the changes to the plans. Maxner confirms that they did and notes that Chapter 91 approved them as well. Cademartori notes that the new design is better in terms of resource protection but he finds it strange that they made the changes midway in the process. He notes that he does not have any issues with allowing a Certificate to be granted. There being no further questions or comments regarding this matter, Johnson moved to issue a Certificate of Compliance. Reilly seconds the motion. The motion carried 5-0-1 with Lang recused. New: 16 Bav View Avenue. DEP File #5-993 - Thomas & JoAnne Bob Griffin is present for the applicant. Griffin explains that the Order governed the demolition of an existing dwelling, construction of a new single-family house with associated driveway, garage, patio, pool, utilities and landscaping partly within 100-Foot Buffer Zone to Coastal Bank. He notes that he has submitted an Engineer's Statement that reports deviations from the approved plan. Griffin explains that the deviations were minor and explains that a larger pool patio was installed, and a greater number of landscape plantings were planted and a revised infiltration system of crushed stone was installed replacing the mini dry well. Maxner explains that she visited the site with Bob Griffin. She notes that the discharge point from the pool patio is experiencing erosion on the grassy slope. Lang asks if the additional patio is the result of an error by the Engineer. Griffin explains that the contractor decided to expand the patio on the north side of the pool. Lang notes that they should have come to the Commission for a modification. Maxner agrees and notes that her main concern is the patio being closer to the tree and she is worried about the health of the tree. Griffin states that the root system of the tree goes in a northerly direction and that ledge encumbers the other side of the tree. Reilly suggest that the Commission require them to do additional plantings to compensate for the additional patio space. Cademartori notes that the Commission will be reviewing a filing on the adjacent lot and he sees no pressure at this point to issue a Certificate of Compliance and suggests that the Commission hold off on this, noting that mitigation could be requested when the next lot is reviewed. Lang agreed noting that this was a deviation from the plan that should have been reviewed. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to the March 23,2010 meeting of the Commission pending a site inspection. Reilly seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 3 of 11 New: 357 Hale Street. DEP File #5-318 - John & Judith Shields. Alfred Rossi. PE Maxner explains that the Order, issued in September of 1988, governed filling and grading within the 100' BZ to Coastal Bank. She notes that the PE has submitted an as-built plan for this work showing final elevations. Maxner explains that the applicant also submitted an as-built plan for work governed by an Order issued later in 2000 for work involving a pool and other grading and landscaping on the site that has been closed out with a Certificate. She explains that the subject Order was never closed out. Maxner states that she conducted a site visit with the Engineer and shows photos of the area and explains the work that was done. She notes that the site is stable and the work was completed over 20 years ago. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 357 Hale Street. Johnson seconds the motion. The motion carries 6-0. ReQuest for Determination of Appllicabilitv New: 25 Whitehall Circle. Subdivision Lot #5. Assessor's Map 23 Lot 19F - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin addresses the Commission and explains that the applicant is proposing to construct a new single-family house with pool and other associated appurtenances, most of which are outside the 100-Foot Buffer Zone to BVW and inland bank. He notes that work within the Buffer involves a small corner of the house, tree removal, grading and lawn. He also notes that the corner of the house will be about 93 feet from the edge of the wetland at its closest point. Griffin explains the plans and notes that five trees will be removed and a street tree is proposed. He reviews the general draingage for the site. He also notes that a boulder wall along the drive way will separate the drainage easement from the next lot. Lang asks how much fill they would be using. Griffin explains that cuts and fills on the lot. Reilly asks what the change in pervious surface will be on the lots. Griffin states that he is not sure at this time and notes that it is based on the wishes of the prospective homeowner and they may be back with a modification if needed. Griffin notes that they are proposing aI, OOO-gallon drywell for this site as opposed to a 500 gallon. Reilly asks what the species of the trees that are being cut are. Griffin states that they are pine trees. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 4 of 11 Maxner notes that there is a large tree at the edge of the erosion control. Lang asks if they could build a well around it. Griffin states that they could do that. Lang asks if there is any public comment at this time. There is no one present who wishes to comment on this matter. Maxner expressed concern that if the Commission issues a Negative 3 for this filing and the Building permit is issued that the location of the house could change. Griffin agreed that it was a legitimate question and noted that they would have to come back to the Commission for a change in the plan. Cademartori notes that the site could have the potential conditions that would require additional review is the plan changes. He recommends that the Commission visit the site. Paluzzi agreed. There being no further questions or comments regarding this matter, Paluzzi moves to continue the application to March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. Recess for Public Hearim!:s Paluzzi moves to recess for public hearings at this time. Reilly seconds the motion. The motion carries 6-0. Notice of Intent Cont: 114 Hart Street - Jeff Lawler Maxner informs the Commission that the applicant has requested that the matter be continued to the March 23,2010 meeting, and no discussion of the matter will be held this evening. Paluzzi moves to continue the matter to the March meeting. Cademartori seconds the motion. The motion carries 6-0. New: 16 Whitehall Circle. Subdivision Lot #23. Assessor's Map 23 Lot 19F - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin explains that the applicant is proposing to construct a new single-family house with associated appurtenances within 100' BZ to BVW. Griffin explains the plans and the locations of the wetlands. He notes NDZ markers are proposed and erosion control measures are shown on the plan. Griffin notes the locations of proposed tree removals, noting locations in the buffer zone. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 5 of 11 Griffin notes that a 1000-gallon drywell will be installed in the front and back of the house. He explains the flow of the drainage on the site. Lang asks if they considered flipping the location of the house so that it would less in the resource area. Griffin explains that they looked at this but it would be tight. Lang suggests that the Commission visit the site. Paluzzi agreed. Lang opens the hearing up for public comment at this time. He explains that the Commission will be continuing the public hearing this evening and conducting a site visit. There are no questions or comments from the public. Cademartori states that detailed drainage calculations have not been submitted and they should consider 2, 10, 25 and 100-year storms. Reilly asks if they considered low impact rain gardens as have been proposed in other projects. Griffin states that the whole project is low impact and there will be other opportunities for that. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. New: 18 Whitehall Circle. Subdivision Lot #22. Assessor's Map 23 Lot 19U - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin explains that the applicant is proposing to construct a new single-family house with associated appurtenances within 100' BZ to BVW. He explains the plans and notes that there is a split rail fence along the back of the property. He also notes that the drywell features an overflow discharge point. Maxner asks the extent of grading on site. Griffin states that there is not a lot of grading in the back and it will remain reasonably flat. Paluzzi asks if they are putting rip-rap under the tree or at ground level. Griffin states that they can shift the rip rap a few feet away. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 6 of 11 There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. New: 42 Whitehall Circle. Subdivision Lot #24. Assessor's Map 23 Lot 19W - Manor Homes Development. LLC c/o David Carnevale Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin explains that the applicant is proposing to construct a new single-family house with associated appurtenances and pool within the 100' BZ to Inland Bank and BVW. He explains that the area has been previously disturbed and they expect no tree removal. He notes that they are proposing to fill the area near the NDZ to create a flat area for a pool. Griffin notes that there will be dry wells in the front and back of the house and explains the flow of the drainage. Lang asks if there is an outflow at the top of the drywell tank. Griffin will review that. Maxner notes that there is a large stockpile on the site during roadway construction. Griffin explains that there are some old floating docks that have been stored there and they will be removed but major stockpiles have been removed. 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 March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. New: 16B Bav View Avenue. Assessor's Map 13 Lot 202B - Elmtop Realtv Trust c/o Michael & Robert Hubbard Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin addresses the Commission and explains that the applicant is proposing to construct a new single-family house with associated appurtenances within the 100' BZ to Coastal Bank. He explains the plans and notes that a fence will be installed between the yard and the pool. He also notes that the site slopes toward the coastal bank. Griffin notes that there will be no removal and three small pine trees will be relocated on the side lot line. He explains the drainage on the site and notes that the roof runoff will drain to two Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 7 of 11 1000- gallon dry wells in the front of the house and there will be a 500 gallon drywell in the back of the house. Maxner asks if the drywells will have overflows. Griffin explains that there will a grate at the ground surface and the water will come out of the surface grate and flow overland. Maxner notes that the No Disturb Zone should be shown on the plan. Lang opens the hearing up for public comment at this time. Anna Green of 4 Lawnbank Road addressed the Commission and expresses her concern that so much of the project is within the 100-foot buffer zone and very close to the 25 foot No Disturb Zone. She questions why there is so much activity in the buffer zone. Griffin states that the house has been situated to take advantage of the views of the ocean. Green asks if there will be any blasting for the project. Griffin states that there might be but they don't know that yet. Donald Lombardi of Lawnbank Road addresses the Commission and expresses his concern that they do not know if the project will require blasting, noting that they are pushing everything toward the water. Maxner notes the 500-gallon dry well in the rear of the house and asks if the roof will be pitched. Green addresses the Commission again and asks what the purpose of the proposed trench is. Griffin explains that it will funnel water at the bottom of the grade to better manage the water. Lombardi asks if the house will have a full basement. Griffin states that it will have a full basement. Lang asks if they have done any other layouts of the house. Griffin states that the architect may have but he is not aware of what that process was. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. Cademartori requests that the four corners of the house, garage and pool be staked out prior to the site visit on March 20,2010. Griffin states that they will take care of that. Abbreviated Notice of Wetland Resource Delineation New: 1 Lake Shore Avenue - Lake Shore One Avenue Realtv Trust c/o Sheila Colahan Bob Griffin is present for the applicant. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 8 of 11 Maxner reads legal notice. Griffin addresses the Commission and explains that presently there is a single-family house on the property. He explains the plans and notes the location of the house, driveway, tennis courts and pool. Griffin explains that there is a small isolated vegetated wetland that is about 1,835 s.f. He noted that the site is mostly wooded. Lang notes that wetland may be a potential vernal pool and asks if they have looked at that. Griffin notes that they have been observing this wetland for some time now and they do not believe that it functions as a vernal pool. Maxner explains that there is a certified vernal pool on the Sally Milligan property. Lang opens the hearing up for public comment at this time. Didi Her of 17 Lake Shore addresses the Commission and expresses her concern about the topography of the site and the location of the vernal pool in Sally Milligan Park. Leo Yaffa of 23 Lake Shore addresses the Commission and asks what the criteria are for notifying abutters to the property. Maxner explains that abutters within 300 feet of the property are notified. Yaffa also noted that there is a perennial stream that goes across Cross Lane. Ed Bryant of 56 Cross Lane addresses the Commission and expresses his concern that the river does traverse Cross Lane and goes into a brook. Lang states that the Commission will take a look at that when they visit the site. Brian Call of32 Iverson Street addresses the Commission and asks if the public is invited to the site visit. Lang explains that it is up to the owner of the property. Griffin states that he will check with the owners on that and the public should contact Maxner for information. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to March 23,2010 pending a site visit on March 20,2010 at a time to be determined. Reilly seconds the motion. The motion carries 6-0. New: 875 Hale Street - Discussion Re2ardin2 Definitive Subdivision Yield Plan - Jeff Rhuda. Montrose School Park. LLC Peter Ogren and Jeff Rhuda are present. Maxner explains that JeffRhuda has requested time on the Commission's agenda to discuss the definitive subdivision yield plan and OSRD plan for 875 Hale Street. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 9 of 11 Ogren addresses the Commission and reviews the aerial photo of the site. He notes the area of the project and the BVW line and explains that the construction proposed in the area is all in previously disturbed land, which is lawn. He notes that the they have to prove to the Planning Board that Commission would agree to grant a waiver from its local ordinance and regulations to allow full build out of the buffer zone as shown on the yield plan. Cademartori expresses concern about drainage. Ogren states that there are a number of ways to address storm water management on the site but he has not done the entire drainage calculations in their entirety yet. Reilly agrees that drainage is an issue and the amount of pervious surfaces should be addressed in the conceptual plans. Ogren reviews a 6-lot plan and a 5-lot plan. Cademartori asks why they don't just submit the 5- lot plan. Rhuda states that the issue is that they cannot foreclose on their options as this point and he does not wish to fight for even less than 5 lots with the Planning Board. He notes that they need guidance from the Commission for the Planning Board that a waiver would be granted for the buffer zone activity. Cademartori suggests that they go with the 5-lot conceptual plan that may result in a positive letter from the Commission. Lang agrees noting that a plan that shows decreased impact to the buffer zone would get a more favorable review by the Commission and the less lots proposed the better. He notes that the Commission cannot guarantee anything but can provide an informed opinion to the Planning Board of the general consensus of the Commission. Lengthy discussion ensues regarding the Commission's comment letter and potential design layouts. Maxner questions if they have looked at doing a cluster subdivision on the property. Rhuda states that they are bound by the OSRD. Lang opens the hearing up for public comment at this time. Bob Lewis of 93 Hale Street addresses the Commission and expresses his concern about the number of houses and resulting drainage, which is a problem on the site for downstream abutters. Tom Grant of 868 Hale Street addresses the Commission and asks for clarification on the meaing of confiscatory. Rhuda explains that a municipal board cannot apply the regulations in such a way as to take away development rights or confiscate lots allowed by right under the current zoning. He also states that there is no drainage issue on the site, noting that it is inaccurate. Cademartori addresses Rhuda and states that if the goal is a five lot plan and it meets zoning, a letter from the Commission would be projecting that it is likely that the project could be approved with some disturbance in the buffer zone with a 5 lot approach. Johnson suggests that an RDA should be filed. Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 10 of 11 Cademartori suggests that if they come in with a layout that is responsive to this discussion a letter of support to the Planning Board might be possible. Grant addresses the Commission and noted that ordinances and laws in place to ensure a fair and transparent permitting process and he would not like to see a project approved through a casual process. Reilly agreed with Johnson and suggests that a RDA should be filed. Cademartori states that he is not sure that an RDA is appropriate, noting that the Commission was asked for comments on the plans which places the Commission in an advisory role for the Planning Board. Discussion ensues regarding the time frame and what the Commission could support. Rhuda noted that the planning Board is looking for a level of confidence that if they apply for a NOI they will be granted that plan. Lang suggests that they come back with a plan incorporating some of the details and suggestions discussed this evening. He notes that if a 6-lot plan and a 5-lot plan is submitted the Commission can review and comment on both and the Planning Board can gauge the Commission's opinion based on comments on both. Reilly requested that the plans be submitted to the Planning Department prior to the meeting so that the Commission will have time to review them. New: 2010 Kite Dav at Birch Plains Park (former Vitale Site) - Bruce Doi2. Recreation Department Bruce Doig, Parks and Recreation Director addresses the Commission and explains that the Recreation Commission is requesting permission from the Commission to host Kite Day at Birch Plains Park and allow for a food vendor to sell food on site for this one day event. He explains that they may enlist the help of the Solid Waste Management Committee to help with recycling noting that they have been helpful at the Lobster Fest in the past. They are hoping to hold the event on August 14,2010 with a rain date of August 21,2010. Discussion ensues regarding site clean up and site management during the event. Lang notes that he is in favor of allowing such an event as long as proper trash control is implemented. He also notes that this approval would be specific to this particular event and would not apply to any future or other events proposed. Separate approvals would need to be sought for other events. There being no further questions or comments regarding this matter, Paluzzi moves to approve the use of Birch Plains Park for Kite Day on August 14,2010 and that food and beverages are allowed to be sold for this event, with a rain date of August 21,2010. Johnson seconds the motion. The motion carried 6-0. Approval of Minutes Beverly Conservation Commission Meeting Minutes - February 23, 2010 Page 11 of 11 The minutes of the Beverly Conservation Commission meeting held on September 22,2009 were presented for approval. Paluzzi moves to approve the minutes as submitted. Reilly seconds the motion. The motion carries 4-0-2 with Johnson and Glidden abstaining. The minutes of the Beverly Conservation Commission meeting held on October 13, 2009 were presented for approval. Johnson moves to approve the minutes as submitted. Reilly seconds the motion. The motion carries 4-0-2 with Lang and Glidden abstaining. The minutes of the Beverly Conservation Commission meeting held on January 26,2010 were presented for approval. Johnson moves to approve the minutes as submitted. Paluzzi seconds the motion. The motion carries 5-0-1 with Cademartori abstaining. Conservation Easement Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the language in the easement is based on the MACC boilerplate conservation easement verbatim, and she is comfortable with the Commission approving it and forwarding it to the City Council. Lang suggests that Maxner draft a letter to the Council recommending that the Council approve the Conservation easement. Maxner agrees to write a cover letter to the Council. Paluzzi moves to approve the easement document. Seconded by Reilly. Motion carried 6-0. Old IN ew Business New: Preston Place/Pole Swamp Lane ANRAD Submission to Manchester Conservation Commission Maxner informs the Commission that John Soursourian has submitted an ANRAD to the Manchester Commission asking that they review the stream and determine that it is intermittent. She notes that the applicant has submitted information regarding a recent ALJ opinion for a case in Reading that determined a stream to be intermittent because the ALJ agreed that it met the definition of a canal. She asks if the Commission would like to submit a comment letter since it has been notified as a direct abutter. Cademartori noted that the Commission made a finding that the stream is perennial in the two other Orders of Conditions that have yet to expire therefore Mr. Soursourian is bound by that determination until they expire. Maxner will send a letter and her past affidavit concerning her observations of the stream and will remind the Manchester Commission of the two other Orders issued by the Beverly Commission. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Squibb seconds the motion. The motion carries 6-0. The meeting adjourns at 10.00 p.m.