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2010-04-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present April 13, 2010 Conservation Commission Chairman David Lang, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Mary Reilly Members Absent: Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Ma. at 7:00 p.m. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the Conservation Easement has been referred to the Legal Affairs Committee of the City Council and they have reported it out of Committee with a recommendation that was approved City Council at their April 5, 2010 meeting and she will follow up with the City Solicitor as to its status. She recommends that the Certificate of Compliance be issued after the conservation easement is executed and recorded. Paluzzi moves to continue the matter to the May 4,2010 Conservation Commission meeting. Reilly seconds the motion. The motion carries 6-0. Cont: 16 Bav View Avenue. DEP File #5-993 - Thomas & JoAnne Dohertv Bob Griffin is present for the applicant. Griffin addresses the Commission and requests that the Commission continue the matter to May 4 2010. He explains Jeff Tucker was unavailable to attend the meeting this evening. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to the May 4,2010 meeting of the Commission. Reilly seconds the motion. The motion carries 6-0. New: 68 Paine Avenue - DEP File # 5-888 - Christopher Velonis Maxner explains that this Order governed the reconsolidation of the rip-rap stone in front of the concrete seawall within Coastal Beach and Land Subject to Coastal Storm Flowage to come back into compliance with his Chapter 91 License. She explains that the work was completed but Mr. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 2 of 11 Ve10nis never sought a Certificate and opted to keep the Order open to be able to perform maintenance after storms. Maxner notes that the Order has expired and Mr. Ve10nis wishes to close this out and is applying for a new NOI, which is on the agenda later this evening. Ve10nis addresses the Commission and explains that the site is not in compliance at this time and explains that the last couple of storms caused damage and the rip-rap needs to be restacked. He states that the worked needed is maintenance work. He notes that the stones that were placed when the work was originally done moved during that last few storms. Reilly asks if there were any special conditions issued by the Commission in the Order of Conditions. Maxner explains the conditions. Lang states that he does not see any reason to issue a Certificate of Compliance if the site is not in compliance. He recommends that the Commission issue it when the proposed new work is complete and the site is in compliance. Paluzzi and Reilly agree. Paluzzi moves to continue this item to the May 4,2010 meeting. Reilly seconds the motion. Motion carries 6-0. New: Hub Line Pipeline Proiect- DEP File #5-769 - AhwnQuin Gas Transmission LLC Jon Bonsall, Gus McLaughlin, Mike Terrell are present for the applicant. Bonsall addresses the Commission and reports that the Order of Conditions was issued in 2002 and the construction started in February of2003. He explains that the project has been up and running with gas flowing since 2003. He also noted that the Commission required a performance bond for three years as part of the approval and the three-year period is up and they are requesting a Certificate of Compliance as well as a dismissal of the bond. Lang asks if they have received final approvals from the EP A and the State DEP. Terrell explains that they have submitted as built plans to DEP and the State for Chapter 91 requirements and required documents to the Army Corp of Engineers, noting that all other agencies have signed off. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance and release the applicant from the obligation from the bond requirement. Reilly seconds the motion. The motion carries 6-0. ReQuest for Determination of Applicabilitv New: 181 Elliot Street - Cut Down 26 Trees - Beverlv Commerce Park. LLP - c/o Steve Drohoskv Maxner reads legal notice. David Harrison is present for the applicant. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 3 of 11 Harrison addresses the Commission and explains that the trees that they are proposing to cut down are all dead along the bank of the Shoe Pond. He notes that a majority of them pose a hazard and risk to people and the property. Maxner reports that based on her conversation with Mr. Drohosky and the staff it is her understanding that the intent is to cut the trees at grade and leave the stumps and trunks to allow them to decompose naturally. Squibb states that it seems that they are gradually taking every tree around the pond down and he would be in favor of some kind of replanting plan. Maxner explains that she walked the site and inspected the trees and she feels that they are not salvageable. Squibb asks how big the trees are in size. Harrison estimates that they are 10-14 inches, some much smaller. Reilly asks Maxner if she noticed any erosion around the bank when she visited the site. Maxner states that she did not see any but noted an area where a city outfall pipe is located that is damaging the root systems of some of the trees slated for removal. Lang asks if there is public comment at this time. Rene Mary of274 Hale Street addresses the Commission and notes that when the construction took place, neighbors were concerned about privacy and it was agreed that the trees would be kept as screening. She also notes that picnic tables and benches were installed for the employees and the trees provide shade. Lang notes that 26 trees is only 6% of the trees and there should still be shade. Maxner also noted that the trees that they are proposing to cut down are not in the picnic area. Joan Murphy of36 Longmeadow Drive addresses the Commission and expresses her concern about the degradation of the bank. She notes that the sidewalk is falling into the bank in some sections and it is dangerous along parts of the roadway. Maxner recalled that she was out there visiting the site but she did not pay attention to the sidewalk but did not recall any dangerous sections. Harrison notes that their property stops at the fence. Lang suggests that the Commission approve the RDA with the stipulation that Maxner walk the site again and make sure that there are no dangerous areas or obvious erosion of the bank, he recommends that Cummings work with Mike Collins DPW Director on this as well. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 4 of 11 There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination with the condition that Maxner inspect the area with Cummings and Mike Collins and report any dangerous areas. 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. Abbreviated Notice of Wetland Area Delineation Cont: 1 Lake Shore Avenue - Lake Shore One Realtv Trust - Sheila Colahan Bob Griffin is present for the applicant. Griffin addresses the Commission and notes that the Commission held a site visit on March 20, 2010, and explains that they have made some changes to the plan based on the site visit. He provides copies of the plan for members to review. He explains that they have added the 8" drainpipe discovered in the field. He notes that additional soil evaluations were done as requested by the Commission in the field. He notes that the areas at the pipe discharge and below show clear upland soils. He notes that three additional flags have been included on the plan and flagged in the field at the IVW as requested by the Commission and shows their location on the plan. Griffin reported that the abandoned driveway has been located and added to the plan. Paluzzi asks if they checked the water flowing in the pipe in the top corner of the property. Griffin reports that they did not see any and explains that it is a drainage channel and there is no wetland at either end of the pipe. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. Notice of Intent Cont: 114 Hart Street - DEP File #5-1030 - Install Landscape Plantim!:s. Retainim!: Walls and Patio - Jeff Lawler Bill Manuell of Wetlands and Land Management is present for the applicant. Manuell addresses the Commission and explains that a site visit was held and the Commission requested a 10-scale drawing with details of the wall that is to be dismantled and reconstructed. He explains that there are minor changes to the detail and explains that a 4" pipe has been changed to a 6" pipe and lateral weeping drains will be installed with a marafee fabric per the neighbor's engineer's specifications. He also notes that they are in agreement with the dimension, placement and construction detail. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 5 of 11 Marybeth Brady addressed the Commission on behalf of her mother-in-law Lorraine McKinney the abutter and submitted a letter from her engineer indicating that they agree to the changes that have been made to the plan. Maxner notes that she was unable to attend the site visit and questions if the Commission looked at the bank of the brook during the site visit. Manuell explains that they are going to limb up and shape up the Norway Maples and if any need to be removed they will do so. He also notes that they do not expect to remove any trees and they are planting 62 arborvitae on the site. Reilly asks if they should have to remove any trees if they would remove the whole tree and the stump from the bank. Manuell explains that the trees are not that big and if they remove any they will replant five feet from the spot where removed. Maxner questions if arborvitae provide good stabilization. Manuell states that they do and notes that the important thing is to select a plant for the environment. Squibb asks how many maple trees will be removed. Manuell states that they do not know at this time noting that they may not have to remove any. Reilly asks if they are installing erosion mats. Manuell explains that they are not proposing any and notes that any excess material will be removed from the site and will be mulched on the lawn side of the property and the bank side of the property will be left alone. Squibb asks when the work will commence. Manuell states that they would like to start as soon as possible. Maxner asks if they are proposing erosion control measures for the bank. Manuell states that they do not think that they will need any. Maxner suggests that they monitor that. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Squibb seconds the motion. The motion carries 6-0. Cont: 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. Griffin requests that the Commission continue the public hearing to May 4,2010. Paluzzi moves to continue the public hearing to May 42010. Johnson seconds the motion. The motion carries 6-0. Cont: Dix Park/Greenwood Avenue - Citv of Beverlv c/o Michael Collins Mike Collins is present for the City of Beverly. Maxner explains that the Commission conducted a site inspection, which she was unable to attend but noted that she visited the site on Sunday. She notes that the berm on the right has large trees Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 6 of 11 and asks if any trees are to be removed. Collins reports that they are not planning to remove any trees explaining that the will be working from the roadside of the berm not the wetland side. Maxner notes that there have been indications from the Beverly Improvement Society about constructing a mini skate park at Dix Park. Collins explains that this has been discussed as well as tennis courts and another basketball court but no final determinations have been made at this point. He notes that he suspects that the skate park will not fall within the Commission's jurisdiction. Johnson asks Collin how many additional volume of water will be held back. Collins explains that the pond is several acres and holds a lot of water. He explained that the storm that would put this system into action would have to be pretty catastrophic. He noted that it is designed for a Mother's Day Storm or bigger. Lang opens the hearing up for public comment at this time. Rene Mary of274 Hale Street addresses the Commission and expresses her concern about the amount of rain that the last few storms had. Collins reported that it was about 18 inches. Russ Walsh of Greenwood Avenue addressed the Commission and reported that he did not have any water issues in the last storm, noting that the previous work was successful. Russ Walker addresses the Commission and states that his experience was different in that the water overflowed the back parking lot of Glen Urqhart and Goodwin Road flooded. Maxner noted that a special condition of the Glen Urqhart approval called for every effort to be made to replicate flood storage 1: 1.5. Maxner also notes that as-built plans were provided to the Commission and the condition was met. Collins explains that they are not changing the spill way measurably and it will still be flowing at the rate it is today. He explained that the water could get to a foot high but that would be larger than the Mother's Day Storm. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Reilly seconds the motion. The motion carries 6-0. New: 68 Paine Avenue, DEP File #5-888 - Chrisopher Velonis Ve10nis addresses the Commission and explains that the rip-rap done needs to be repaired and restacked. He shows the Commission photos of the site from the last application from August and October of2005, as well as photos taken in March of2010. He notes that the photos taken in March of 20 1 0 show some of the original footings and stone are out 15-16 feet out from where they should be. He also states that he does not think that the stones were trigged in properly. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 7 of 11 Johnson asks Velonis ifhe has to bring in more stone or is he planning to use what is there, noting that he thinks that there may be bigger and better stone that he can use. Ve10nis states that he may remove some but he does not anticipate bringing in any new stone. Reilly asks ifhe has consulted with an engineer on the project regarding the size of the stone that should be used for this rip rap. Ve10nis states that he talked to a number of contractors but has been relying on the Chapter 91 License to guide the work. He explains that the original work involved dumping the stones and he is planning on using a large machine this time to position the stone to a certain ratio. Lang states that he would like to see a plan stamped by a professional engineer with a stacking diagram and cross section of how the work will be done and submitted to the Commission. Ve10nis states that he has no problem with that. Lang suggests that Mr. Ve10nis have that done for the next meeting on May 4,2010. Reilly asks Ve10nis how the concrete seawall on the site is doing. Ve10nis reports that he thinks that it moved a 1Iz inch but holding. 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 May 4,2010. Reilly seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS New: Beverlv Conservation Land Trust - Discussion re: CR for Chapman's CornerlWhitehall Subdivision - Scott Houseman & Jane Brusca Scott Houseman and Jane Brusca are present for the Beverly Conservation Land Trust. Dennis Crimmins is present for the Chapmans CornerlWhitehall Subdivision Developer Crimmins addresses the Commission and explains that Atty. George Hall has been away and has not reviewed the proposed CR. He also notes that Atty. John McLaughlin is present this evening and will be representing the developer going forward and he will be transitioning out. Crimmins also reported that he talked to BCL T Representative Scott Houseman and they have been having discussions with the Friends of Chapman's Corner regarding their potential financial support for the BCL T. Maxner notes that a change has been made to the draft CR at the request of Scott Houseman. Crimmins explains that the changes were largely at the request of Houseman but the EOEEA comments have been included as well. He also explains that there are two different conservation areas and it was always their intention that the city would have all opportunity to administer them. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 8 of 11 Squibb notes that there is a vernal pool on the site and questions if an access easement has been worked out. Crimmins confirms that the easement was worked out. Discussion ensues regarding the access for pedestrians. Maxner notes the right of way along Lot 5 or 6 to get from the road to the open parcel. Brusca addresses the Commission and explains that she spoke to Houseman and they are waiting for the Friend's Group's attorney to review the CR and approve it. She also noted that they met with the Friends group regarding a donation and they are consulting with their Attorney. She noted that once everything is reviewed they are hoping for approval at the May 4,2010 meeting. Maxner notes that Attorney George Hall is on vacation but thinks that he should review this draft on behalf of the Commission since he has been intimately involved with this process from the get go. Members agree. Lang states that it sounds like they are making progress to get this solved and suggests that the Commission continue this until the May 4,2010 Conservation Commission meeting. Cont: 3 Greenwood Avenue DEP #5-946 - ReQuest for Extension to Order of Conditions - US Alliance Federal Credit U nion/Ben Stinson Maxner reports that the Order of Conditions expires today. She explains the history of the property and notes that the US Alliance Federal Credit Union is pursuing foreclosure on the property and has asked for a one-year extension on the Order. She explains that she visited the site and met with the banks contractor who estimated that about $7,000 worth of work to come into compliance with the Commission's recommendations from the previous meeting. Lang asks if the stabilization work has been carried out yet. Maxner states it has not. Lang asks if there is any good reason to extend the Order of Conditions, noting that he is inclined to not issue an extension. Maxner reviews the options that the Commission has. Lang states that he is hesitant to extend the Order for a year because they could wait a year to do the work and the site would just sit unattended. Reilly agrees and notes that considering the condition of the property she is apprehensive as well. Discussion ensues regarding the options the Commission has and what stabilization work needs to be done. Squibb suggests that he would agree to a 30-day extension and see if a lien could be put on the property. Lang expresses concern about taking that direction and suggests that the Commission let the Order expire and send an enforcement order indicating that the Commission will issue fines if the stabilization work is not completed. Paluzzi moves to deny the request for an Extension of the Order of Conditions for 3 Greenwood Avenue and issue an Enforcement Order to replace the entire erosion control of hay bales and silt fence and patch the right of way where areas have washed out within 30 days of receipt of the Enforcement Order and place a contingency that fines will be assessed if the deadline is notmet. Squibb seconds the motion. The motion carries 6-0. 77 Paine Avenue - repairs to rip rap section of seawall- Oliver and Ellen Wadsworth Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 9 of 11 Oliver Wadsworth and David Smith of Vine Associates are present. Wadsworth addresses the Commission and explains that he needs to fix damage to the rip-rap of the adjacent seawall and is encountering some resistance from his neighbor John Swansburg. Smith addresses the Commission and notes that they received a letter from Mr. Swansburg informing them not to encroach or trespass on the property. He also notes that he has visited the site with Maxner and took photos of the site. He explains the photos of the site. Smith explains the work that needs to be done. He notes the sensitive area and notes that it is impossible to do the work without going onto Swansburg's property and working on a portion of his wall as well. Wadsworth asks the Commission to issue an emergency Certification for the work to be done subject to them being able to gain permission from and convince Mr. Swansburg that repairing the wall is in the best interest of his property as well. Discussion ensues regarding the damage that was done by the storms, Smith states that he guesses that the stones migrated across and settled in the area. He notes that small stones are strewn across the lawn. Smith explains that contractor Paul Fiore did the work for Swansburg and 1 1Iz - 2 tons of stone was ordered and they poured small stones in there that scattered when hit by the waves. Maxner explains that emergency certificates are for situations that risk health and safety to the citizens of the community and has to be completed within 30 days. She states that she is not sure that this situation will meet those criteria. Wadsworth notes that in June and July there will be a lot of children on the beach and it could be a hazard for them. Squibb suggests that the Commission issue enforcement orders to both parties. Maxner explains that the Commission cannot issue Enforcement Orders to force engineers to work together. Johnson agrees noting that he is sympathetic to the applicant's problem but he doesn't see how the Commission can issue an emergency order for someone else's property. Paluzzi suggests that they go back and see if they can work it out with the neighbor. Squibb agrees noting that Mr. Swansburg may have more to lose if the repairs are not done. Johnson moves to continue the matter to May 4,2010. Reilly seconds the motion. The motion carries 6-0. Lang strongly suggests that the applicant could file a Request for Determination of Applicability for the next meeting. Smith states that he will consider this in time for the next meeting. National Grid Gas Line U p2rade Maxner reports that National Grid will be coming in for a gas line upgrade project out on Thissell Street and they have inquired as to what type of application to file. She provides photos of the areas of work that will be located closest to the wetland. She explains that they will be doing horizontal Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 10 of 11 directional drilling underneath the rail road tracks, which will involved large entry and exit pits. Lang states that she feels that they should file a Notice ofIntent for the project, especially if they intend to be outside the paved roadway in the shoulder with such steep slopes next to the wetland. Members agree. Orders of Conditions 114 Hart Street Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to any work commencing on site, the Norway Maple trees along the bank slated for removal shall be flagged and a site visit with the Conservation Administrator shall be scheduled to observe said trees. 2. Roots of trees that will be removed shall only be cut on the lawn side of the resource area, not on the streamside or on the bank of stream. Cutting of roots is only to allow for space to install the root balls of the new plants. 3. Jute matting or equivalent shall be installed around the planting holes that have loose, exposed soil to prevent sedimentation of exposed soil into the stream. 4. Any excavated soil from planting areas shall either be taken out of the Buffer Zone or shall be covered with a tarp outside the 25' No Disturb Zone to prevent erosion and sedimentation. 5. The area behind the newly planted line of evergreen Arborvitaes shall be left to naturalize and not manicured or maintained and shall be a No Disturb Zone in perpetuity. This condition shall run in perpetuity and survive the issuance of a Certificate of Compliance. Johnson seconds the motion. The motion carries 5-0-1, five in favor, and Glidden abstaining. Greenwood Avenue / Dix Park Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. This Order of Conditions allows for work necessary to reestablish drainage channels along side the dirt roadway at the upper easterly reaches of Greenwood Avenue in the vicinity of its intersection with Wood Lane. 2. Erosion controls may consist of filter/compost socks or equivalent. The Conservation Administrator will have the discretion to require Reilly seconds the motion. The motion carries 6-0. Approval of Minutes There were no minutes presented for approval this evening. Beverly Conservation Commission Meeting Minutes - April 13, 2010 Page 11 of 11 Adiournment 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.