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2010-05-04 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present May 4,2010 Conservation Commission Chairman David Lang, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Gregg Cademartori Members Absent: Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Ma. at 7:00 p.m. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner explains that the City Council and the Mayor have approved the Conservation Easement and she is waiting for an easement plan to accompany the document to the Registry. She recommends that this be continued to the next meeting. Paluzzi moves to continue the matter to the May 25,2010 meeting. Johnson 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 252010. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to the May 25,2010 meeting. Paluzzi seconds the motion. The motion carries 6-0. Cont: 68 Paine Avenue - DEP File # 5-888 - Christopher Velonis Maxner suggests that the Commission table this matter to allow for discussion regarding the new Notice Intent that Mr. Velonis filed and is on the agenda this evening. Lang states that he would rather that the Commission denies the Certificate of Compliance request at this time because the site is not in compliance. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 2 of 12 Ve10nis addresses the Commission and states that he would rather that the Commission continues the matter so that he does not have to file again and pay another fee. He explains that he does not think that he is out of compliance because he scheduled the work and paid for it. Lang advised Ve10nis to appeal the finding if he so chooses. Paluzzi moved to deny the Certificate of Compliance for 68 Paine Avenue DEP File # 5-888. Cademartori seconds the motion. The motion carries 6-0. ReQuest for Determination of Applicabilitv New: 59 Grover Street - Lot Gradin2: for New Sin2:le Familv Home - Thomas Mannetta Maxner reads legal notice. Tom Mannetta addresses the Commission and explains that the work proposed will result in a disturbance of220 s.f. of the very outer limits of the buffer zone. He explains the plans and the proposed limit of work area. Maxner asks what is the current condition of the area to be disturbed. Mannetta explains that it is currently vegetated with trees. He notes that this is the last lot of a subdivision at the corner of Independence and Grover and there are also a lot of piles of debris and dumped yard waste from the neighborhood on the site that they plan to clean up. Lang asks if there is a resource area on the site. Maxner explains that there is a pond and BVW located on the adjacent property at 49 Grover, which the Commission reviewed and permitted for a new house on that lot. Lang questions how much fill they will be placing in the buffer zone. Mannetta explained that they are planning for no more than a foot to a foot and a half to taper off the existing grade. Lang notes that it is a heavily wooded area and questions if they are taking out most or all of the trees. Mannetta notes areas on the plan where trees will be removed, mostly on the right hand side of the house. He notes that they will be leaving the trees along the northerly and westerly property lines, noting that there is a drainage easement on the west. Lang asks if they are planning to plant a lawn in the back yard. Manetta explains that they will have a partial lawn in the back and notes the location on the plan. Cademartori asks Maxner if she has been to the site. Maxner states that she has not walked the site. Cademartori states that he is concerned about a drainage easement and discharge pipe on the property, noting that the elevation of the site is 76 and there is an inlet discharge to the other side of the street it is odd that it would not experience flooding. Manetta explains that the lot is a foot and a half lower than Grover Street and the proposed foundation is 82 and they are proposing 2 1Iz -3 feet of fill. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 3 of 12 Lang reviews the elevations for the site. He noted that 78-80 would restrict the natural flow. Mannetta explains the direction that the flow will go on the plan. Lang states that he is concerned about ponding on the north side of the property. Cademartori agrees and suggests that the members visit the site to get an idea of what is going on out there. There being no further questions or comments regarding this matter, Squibb moves to continue the application to the May 25,2010 meeting, pending a site visit by members on their own time. Paluzzi seconds the motion. The motion carries 6-0. 77 Paine Avenue - Repairs to Rip Rap Section of Seawall- Oliver and Ellen Wadsworth Maxner reads legal notice. David Smith from Vine Associates is presented with Oliver Wadsworth. Wadsworth addresses the Commission and explains that any authorization that the Commission issues this evening is contingent upon Mr. Swansburg agreeing to it. Smith addresses the Commission and explains that they came before the Commission at the April 13th meeting to request an emergency certification for repairs to the seawall. He notes that the Commission requested that they file for a Request for Determination of Applicability, which they have done this evening. He also reports that they are working on getting an agreement with Mr, Swansburg to get the repairs done. He explains that Mr. Swamsburg has some hesitation about allowing Mr. Wadsworth's contractor on his property to do the work and they have talked with him about this. He notes that everyone agrees that the wall needs to be fixed and they are hoping that if the project gets approved tonight that they will get approval from Mr. Swansburg. Smith explains the plans to repair the seawall and notes that there are two alternatives that they are presenting, noting that they prefer Alternative 2, which is in keeping within the same footprint. Maxner asks if they talked with Mr. Swansburg about access for the project. Smith explains that Mr. Swansburg is in the midst of construction on the tennis court and will be calling his contractor to see about doing the work. He explains that it has been suggested that Mr. Swansburg's contractor do the work. Lang asks for them to explain the general design that they are proposing and how far east they plan to perform work. Smith explains that they will be creating a 1.5: 1 slope with large stone size specified in Swansburg's previously approved plans. He notes that they would like to extend the work at least 12 feet, if not 14 or 15 feet from Wadsworth's return. Lang states that he would support additional work up to 25 feet beyond Wadsworth's return with Swansburg's consent. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 4 of 12 Lang notes that this is an awkward situation and the Commission is being asked to approve something that is not located on the applicant's property. Lang states that he would like to see 2 1Iz times the void area to the northeast. Discussion ensues regarding general work methods and design proposal. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 2 Determination approving Alternative # 2 subject to the following Special Conditions: 1. No work proposed on 76 Paine Avenue, as approved under this permit, may be undertaken unless and until the abutter at 76 Paine Avenue has given permission for such work to be performed. 2. This permit approves Alternate #2, Sheet 3 of 4 dated April 2010, prepared by Vine Associates. 3. This permit approves a minimum of 15 feet of proposed riprap repair as called out on the approved plan, and allows the repair activities (also in compliance with the approved plan) to be extended an additional 25 feet to the east if all parties are in agreement and a qualified professional deems that it is appropriate and/or necessary. 4. Seconded by Johnson. Motion carries 6-0. Recess for Public Hearin2:s Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6-0. Notice of Intent Cont: 16B Bayview Avenue - DEP File # 5-1024 Map 13 Lot 202B - Elmtop Realty Trust Bob Griffin is present for the applicant. Griffin requested that the hearing be continued to the next meeting pending a site visit at the convenience of the Commission. Maxner states that it might be a good idea for the Commission to look at bank conditions since more stabilization work has been completed. Lang agrees. Paluzzi moves to continue the public hearing to May 25,2010 pending a site visit on May 10, 2010 at 6:00 p.m. Cademartori seconds the motion. The motion carries 6-0. Cont: 68 Paine Avenue - DEP File # 5-1031- Restore Rip Rap Wall in Front of Seawall- Christopher Velonis Christopher Ve10nis is present. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 5 of 12 Ve10nis addresses the Commission and explains that he is proposing to restack the rip-rap to protect the cement retaining wall. He has obtained a more detailed and up to date plan from an engineer as requested by the Commission. The Commission reviews the new plan. Ve10nis notes that the DEP' s comments asked for a narrative and erosion control, but he thinks that the new plan provides a clear idea as to what is proposed and he does not believe erosion control is necessary on the beach. Johnson questions the purpose of the filter fabric behind the rocks. Ve10nis explains that when a storm out of the southeast hits, the water gets behind the wall and carries fines and sands with it and the fabric will provide a better barrier. Maxner asks Ve10nis if he is hiring a contractor or if he is planning to do the work himself. Ve10nis states that he will hire a contractor. 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, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 6-0. New: 400 Hale Street - Construct Amphitheater. Up2rade Walkway. Pond Bank Stabilization - Endicott Colle2e Maxner reads legal notice. Joseph Orzel of Gulf of Maine, Charlie Wear of Meridian, and Dennis Monaco of Endicott College are present. Orzel addresses the Commission and explains that the proposed project is in the vicinity of College Pond and explains the location on the plan. He explains that the resource area is land under water, BVW along the back of the pond 1-2 feet, inland bank and buffer zone. He reviews photos of the area and notes areas of erosion around the pond. He explains that soil slides off into the pond and several trees have been lost in recent years. He notes that they are proposing stabilization and restoration of the inland bank. Lang questions why the bank is eroding. Orzel explains that the soil along the bank is highly organic and the freezing action in the winter causes the erosion. Lang asks when the pond was constructed. Monaco estimated that it was built in the late 60's. Orzel notes that several trees are barely hanging on and they would like to commence work this summer while school is out. He explains that they are proposing to extend the bank out several feet from the existing location to try and save the trees in some locations. He also notes that they are proposing to install native plants along the top of the bank and install coir logs that should last five years as vegetation takes hold. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 6 of 12 Orzel explains that they may use dogs on the site to chase and control geese and to protect the replanted area. He also noted that a replanting plan would be submitted which will address invasive species as well. Maxner asks what the depth of the pond is. Orzel reports that it is about one foot at the edge and is deeper 3-4 feet out. Maxner notes a cross hatched area on the plan. Orzel explained that there will be assorted herbaceous plantings and they are leaving that open ended for the College to decide from a list of suitable plantings depending on the area they are planting. Monaco explains that the access for the pond is for the students to fish and they use canoes as well as for maintenance of the pond. Maxner asks if there is any area of the pond where the 25-Foot NDZ could be totally reclaimed. Orzel states that this is something that they could look at. Maxner also notes that the silt curtain should be called out on the plan. Orzel agrees and states that it will be added on the plan. Wear addresses the Commission and explains the proposed plans for the amphitheater. He explained that they are planning to consolidate and resurface a number of walkways that provide connections through the site to various buildings and such. He notes that the walkways are not ADA compliant at this time and they will be brought to compliance. He explains that the walkways will bring pedestrians to a sitting area with a fire pit at the edge of the pond. He notes that the area is for students and staff of the College. He notes that he does not see this area as a concert venue. He estimated that it would seat 90 people comfortably. He also explains that they are proposing to grade the site so that the runoff does not collect at anyone point on the site. He explains the construction and notes locations on the plans. Maxner asks about the proposed reconfiguring of the footbridge. Orzel explained that the existing footbridge would be replaced to bring pedestrian traffic closer to the area. Maxner requests a cross section of the plans for the bridge. Wear explains that there will be shore supports suspended from the shore to the island and there will be nothing in the water. Lang suggests that the Commission visit the site. Paluzzi agrees. Lang opens the hearing 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 moved to continue the public hearing to May 25,2010, pending a site visit on May 10, 2010 at 6:30 p.m. Squibb seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 7 of 12 New: 973 Hale Street - Various Activities and Landscapin2 Improvements on Property- Joan Mullen Maxner reads legal notice. Peter Ogren of Hayes Engineering is present for the applicant. Ogren addresses the Commission and states that this application is in response to an Enforcement Order issued by the Commission. He explains that the applicant has done some clearing of her property and poured a concrete pad for a hot tub and some trenching for the electric lines. He explains the plans for the work proposed to compete the hot tub area, and to connect the guesthouse to City sewer on Hale Street and install a small pump chamber. Ogren also explains that there is a footbridge that needs repair that goes across Chubbs Brook to an island, which was damaged in a storm this winter and they would like to rebuild the abutments to anchor the bridge. Lang suggests that the Commission visit the site. Paluzzi agrees. Lang opens the hearing 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 moved to continue the public hearing to May 25,2010, pending a site visit on May 10, 2010 at 7: 15 p.m. Squibb seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS New: Beverly Conservation Land Trust - Discussion re: CR for Chapman's CornerlWhitehall Subdivision - Scott Houseman & Jane Brusca John McLaughlin, attorney for the developer, and Scott Houseman attorney for the Land Trust are present. McLaughlin reviews the Conservation Restriction and explains that Attorney George Hall has reviewed the CR on behalf of the Commission and made some changes and suggestions that have been incorporated into the final document. He also explained that they have a formal agreement with the Friends of Chapman' s Corner to donate $5,000 to the CR Endowment. He also noted that the Conservation Commission agreed to match the Friends donation at their last meeting. Lang asks if they have an agreement with Manor Homes. Houseman reports that the developer has proposed a payment plan of $500 the first two years, which will increase to $750 and continue to increase until it gets to $1,000 which will eventually be paid for by the homeowners association. He notes that this is explicitly laid out on the CR. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 8 of 12 Maxner explains that the Conservation Commission needs to vote to accept the Conservation Restriction and vote to expend a monetary contribution to the endowment. Paluzzi moves to accept and approve the Conservation Restriction for 6-Acre Open Space Parcel at Whitehall Hill/Chapman's Corner Subdivision. Cademartori seconds the motion. The motion carries 6-0. Paluzzi moves to authorize the expenditure of$5,000 for a one-time contribution from the Ordinance fee account payable to the Beverly Conservation Land Trust for an endowment fund for the benefit of the Open Space Parcel at Whitehall Hill/Chapman's Corner Subdivision. Johnson seconds the motion. The motion carries 6-0. McLaughlin witnesses the Commission members' signatures on the CR as well as Jane Brusca's signature for the Land Trust. The Commission thanks Houseman, Brusca and McLaughlin for their hard work in getting the CR finalized and members express their pleasure over its completion. New: Brackenbury Beach - Discussion Re: Sand on the Beach - Diane Morse Diane Morse is present. Morse addresses the Commission and explains that she is concerned that there is too much sand on the beach as a result of the storms this past winter. She states that she would like to redistribute the sand on the beach. She also shows pictures of the wall on her property. Johnson explains that it is better for the wall, that there is more sand on the beach. Lang questions if Morse has talked with a coastal engineer, noting that this situation will be an uphill battle with higher regulatory authorities. He also counseled Morse that the problem is not as bad as she might think it is. Maxner agrees and notes that the Commission does not want to put Morse through a permitting process that will be denied by DEP. Lang agrees and suggests that Morse needs an engineer that understands the process. He also noted that the Purtell's took sand away from the seawall two years ago and the Commission ordered them to replace it. Morse requests that the Commission visit the site and see it. She explains that she has lived on the property all her life and she has not seen this much sand on the beach. Lang suggests that members of the Commission visit the site on their own if they wish to take a look at it. Morse thanks the Commission for its time. Lang reiterates that he does not believe that her property is in any kind of danger, in fact is of the experienced opinion that the sand is most beneficial in absorbing and dispersing wave energy that would be damaging if the sand were not there. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 9 of 12 New: Beverlv D02 Park Committee - Discussion Re2ardin2 Establishin2 a D02 Park on Standley Street Conservation Land Sheila Field is present along with several members of the Beverly Dog Park Committee. Field addresses the Commission and explains that the Beverly Dog Park Committee is interested in constructing a dog park on conservation land on Standley Street. She explains that they have been actively looking for a site for sometime now and the Standley Street site is attractive to them. She explains that they are here this evening to get some feedback from the Commission and hear any suggestions they may have. Lang reports that there was a request a few years back from the girls' softball league to put softball fields on the site and the donating family chose not to allow that. Maxner explains that there are some encroachment issues with the Sweeny Greenhouse operations on the site and she thinks from discussions with Ed Becker of Essex County Greenbelt that the donors would not be willing to consider anything on the site until the encroachment issues with Sweeny are resolved. Jane Brusca addressed the Commission and explains that a few years ago the Beverly Conservation Land Trust was involved in discussions regarding a dog park on the site and Stella Mae Seamans talked with the donors and at the time a dog park would have been acceptable. She encouraged the Beverly Dog Park Committee pursue the idea with the donors. She also noted that if the BCLT could be helpful in establishing a dog park they would be happy to participate. Lang suggests that they begin discussions with the donors of the land about the establishment of a dog park. Maxner states that she would work with the City Engineer to get the property staked out and work on the getting some compliance from Mr. Sweeny. Maxner suggests that she will do some fact finding on the situation and suggests that the Commission postpone a recommendation on this until she gets further information. Field thanks the Commission for its time and hopes that they can work on this in the near future. New: Plannin2 Board ReQuest for Comments 1 Lake Shore Avenue - OSRD Application Bob Griffin is present for the applicant. Griffin explains that the plans being considered by the Planning Board were submitted to the Commission two months ago and there was a lot of discussion regarding the layout of the lots. He explains that they provided a Yield Plan with an 8-lot layout with no waivers requested from Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 10 of 12 the Planning Board. He explains the OSRD Conceptual Plans, all of which preserve 50% of the property as open space. He asks the Commission to look closely at the Preferred Plan which calls for 4 lots total, all of the new houses utilizing frontage on existing road ways and preserving the full 50% of the lot as open space. Squibb notes that the remaining land will have a conservation restriction and an endowment to maintain the land should be funded. Griffin explains that the proposed open space ownership will go with the pork chop lot, which is the existing house on the lot. Discussion ensues regarding the Preferred Plan and members express their support of this plan as it is most compact, eliminates the need for new roadways and keeps the open space adjacent to Sally Milligan Park. Lang suggests that the Commission send a letter to the Planning Board supporting the preferred plan citing its rationale as just discussed. Paluzzi so moves. Seconded by Squibb. The motion carries 6-0. 865 Hale Street - Special Permit Pork Chop Lot - Kevin and Susan Barrv Kevin and Susan Barry are present. Barry addresses the Commission and explains that there is a development proposed on the lot next to him and some talk about possible future rezoning of his side of the street and he wishes to grandfather the use of his property with the pork chop lot special permit. He notes that he wants to see how this development plays out and he has no plans to do anything on the property at this point in time. Johnson states that he doesn't see any objection to the request for the special permit. Lang suggests that there are no issues with an additional house being built on the site as long as it is consistent with the type of housing the Commission would approve and compliant with the wetlands regulations. Discussion ensues regarding the Barry's lot and adjacent resource areas. There being no further questions or comments regarding this matter, Paluzzi moves to send a comment letter reflecting the Commission discussion to the Planning Board. Johnson seconds the motion. The motion carries 6-0. New: 171 West Street. DEP File #5-932 - ReQuest for Minor Modification- Alison and Preston Bradford Bill Manuell is present for the applicant Manuell recalls that the Order of Conditions was issued in 2006 and an extension was granted in 2009. Noting the Order governed demolition of the existing house and reconstruction of a new Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 11 of 12 house in several jurisdictional resources. He explains that the house location has been shifted slightly and explains the changes to the plan. Maxner suggests increased mitigation and questions how much of the increase in the buffer zone is over the 25% required in the Order of Conditions. Manuell states that he suggests that the plantings be increased by 25%. Maxner agrees. She also states that a silt fence and hay bales should be installed on the site along the limit of the 25' NDZ in all possible locations. Lang reviews the changes to the plans. Manuell reviews the pool area and patio on the plans. Cademartori states that he feels that this was a complete redesign of the site rather than a minor modification. Lang agrees noting that Minor Modifications should not take this long to explain or reVIew. Manuell states that he disagrees and explains that the Commission is getting what they approved in 2006 and some additional buffer zone. Lang suggests that the Commission visit the site. Johnson agrees and suggests that the Commission visit on a night other than the one scheduled for other applications heard this evening as there are quite a few. Maxner reviews the schedule and suggests that it could be fit in on May loth. There being no further questions or comments, Johnson moves to continue the matter to May 25, 2010 pending a site visit on May 10, 2010 after 973 Hale Street site visit. Paluzzi seconds the motion. The motion carries 6-0. New: 274 Hale Street - ReQuest to Remove Section of Tree - Renee Marv Renee Mary is present. Mary addresses the Commission and explains that she is requesting approval to remove part of a tree on her property that is unsafe. She shows the Commission photos of the tree and explains its condition and proximity to her house and the stream. Cademartori moves to allow the removal of part of the tree as submitted at 274 Hale Street. Paluzzi seconds the motion. The motion carries 6-0. Expenditure Approval '" $77.00 Mileage Reimbursement for Conservation Administrator for Mileage from January - April 2010. Paluzzi moves to approve the expenditure. Cademartori seconds the motion. The motion carries 6-0. '" Essex County Greenbelt Membership Renewal in the amount of$100. Paluzzi moves to approve the expenditure. Squibb seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - May 4 2010 Page 12 of 12 Orders of Conditions 68 Paine Avenue Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Protective mats shall be placed over the dune and existing vegetation so as to minimize disturbance to this resource area. These mats shall not consist of simple plywood, but rather of a material suited for this type of work in a coastal area. Dune grass shall be replanted if damaged by construction activities. 2. If still present, the large concrete block as observed by the Commission during permitting of NO I DEP File #5-888 in September 2005, shall remain in place and not be removed. 3. Disturbance of the stone riprap within the right of way located immediately to the west is neither proposed nor permitted under this Order of Conditions. 4. No heavy equipment shall be stored or operated on the coastal beach. Equipment shall not be stored on top of the dune. Seconded by Johnson. The motion carries 6-0. Approval of Minutes There were no minutes presented for approval this evening. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 6-0. The meeting adjourns at 10:30 p.m.