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2010-05-25 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present May 25,2010 Conservation Commission Tony Paluzzi, Dr. Mayo Johnson, Mary Reilly, Bill Squibb and Gregg Cademartori Members Absent: David Lang, Kate Glidden Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex 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 Attorney processing the Conservation Easement took the plan to be recorded at the Registry of Deeds and the Registry rejected it. She notes that the Attorney is contacting the engineer to get a new plan that will be acceptable to the Registry. She recommends continuing the matter to the June 15,2010 meeting. Johnson moves to continue the matter to the June 15,2010 meeting. Reilly seconds the motion. The motion carries 5-0. Cont: 16 Bav View Avenue. DEP File #5-993 - Thomas & JoAnne Dohertv Bob Griffin is present for the applicant. Griffin addresses the Commission and reviews the plans with the Commission that involved the construction of a single-family home on the site. He explains that the project was substantially completed last fall. He reported that when the Commission visited the site in February the vegetation planted between the pool and the ocean had not grown in but it is now flourishing as observed by the Commission at last week's site visit. Maxner questions if the area between the pool discharge and the bank has been stabilized. Griffin reports that they have power raked it and over seeded the area and it is in good shape. Reilly notes that during a site visit held in March the coastal plantings on the site looked sparse. Griffin explains that additional plantings were installed and some of the plants were not sprouting in March. He also explains that there were many grapevines removed on the site and some invasive species removal was done on the adjacent site which created a larger than anticipated area Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 2 of 11 for the coastal plantings. He agrees that the removal of the material created a larger area than anticipated as the photos confirm. Johnson states that the site looks much better now than it did in March. Cademartori agrees noting that the applicant has been responsive to the concerns of the Commission and the area is looking pretty healthy. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 16 Bayview Avenue. Reilly seconds the motion. The motion carries 5-0. New: 89 Bovles Street. DEP File #5-902 - National Grid Maxner explains that the Order governed expansion of the electrical substation including expansion of fence line, installation of two additional circuit bays and two new capacitor banks, which is within 200-Foot Riverfront and 100-Foot Buffer Zone to BVW. The Commission also required two special conditions: 1) Signs shall be posted near the limits of the Buffer Zone prohibiting stockpiling of snow beyond the signs. 2) Restorative plantings shall be installed from the edge of the 25' NDZ to the outer limit of the 100' BZ, and must include 5 of each of the following plants: High bush blueberry, silky dogwood, shadbush and sweet pepperbush. Maxner notes that she conducted a site visit this morning and took photos. She also explains that the applicant eliminated the requested high bush blueberry to discourage turkey grazing. She also noted that two silky dogwoods died and will be replanted. But all other required plantings are healthy and in tact. Maxner also reports that the applicant complied with the condition to post sign near the limits of the buffer zone prohibiting stockpiling of snow beyond the signs. She recommends that the Commission issue the Certificate of Compliance. There being no further questions or comments regarding this matter, Cademartori moves to issue a Certificate of Compliance for 89 Boyles Street. Reilly seconds the motion. The motion carries 5- O. New: 84 West Street. DEP File #5-820 - Joseph Leone Maxner explains that the Order governed the demolition of an existing garage, construction of a new detached garage, outdoor spa, bluestone patio and walkway, deck, reconfiguration and resurfacing of driveway and installation of subsurface infiltration chambers and landscaping which included a 10-foot wide swath of riparian restoration planting along the stream. Maxner explains that compensatory flood storage was a requirement due to the spa encroaching into the 100-year floodplain and to be completed prior to work commencing, and the storage area was constructed, which involved removing an area of historic dumping and yard compost adjacent to the stream, Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 3 of 11 and was certified by Bob Griffin. She also notes that Mr. Leone is claiming that other than the flood storage area, no work was undertaken. Maxner explains that she visited the site and noted that the deck was installed and the 10 feet of enhancement plantings along side the bank were not done. She also observed a very large pile of patio stone stored within the lawn, which is the 1 00- Year Floodplain. She also notes that she contacted the building department to see what building permits were issued and a permit was issued in 2004 for a deck on the back of the house. Cademartori questions if they had provided as built plans for the Commission. Maxner states that they did not submit as built plans. Cademartori notes that they should show what work was done and not done. Maxner states that she believes that they abandoned the garage plan as it was contentious with the neighbors and she suspects that in Mr. Leone's mind the garage was the main project. Johnson suggests that the Commission could issue a Certificate of Compliance for the work that was done, however it would be more sensible to submit to have them submit as-built plans. Reilly agrees that as-built plans should be submitted. Johnson moves to continue the matter to June 15, 2010 and require that the applicant submit as- built plans to the Commission showing the work that was done. Squibb seconds the motion. The motion carries 5-0. ReQuest for Determination of Applicabilitv Cont: 59 Grover Street - Thomas Mannetta Thomas Mannetta is present. Mannetta addresses the Commission and explains that some members of the Commission visited the site and asks if they have any questions or concerns. Cademartori states that he visited the site and it is consistent with the lot to the right that was recently permitted by the Commission. He notes that his site visit clarified his questions. Maxner recommends that the Commission grant a Negative 3 Determination. She also suggests that erosion control measures be installed and inspected before any work is done on the site. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative 3 Determination for 59 Grover Street, with the condition that erosion control measures be installed and inspected prior to any construction on the site. Reilly seconds the motion. The motion carries 5-0. Recess for Public Hearim!:s Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 4 of 11 Johnson moves to recess for public hearings at this time. Reilly seconds the motion. The motion carries 5-0. Notice of Intent Cont: 16B Bav View Avenue - DEP File # 5-1024 Map 13 Lot 202B - Elmtop Realtv Trust Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that they have updated the plans to show coastal bank plantings and elimination of most of the perimeter fencing as requested by the Commission. Griffin explains that this is the third of three houses proposed for Bay View and it is similar in size to 16 Bay View. He explains the plans and notes the drainage for the site. Griffin explains that additional coastal bank plantings were installed. He also notes an area on the plan where a 4-foot fence will be installed and an area that will remain lawn to the edge of the bank. Paluzzi asks where the backwash from the pool goes. Griffin explains that the backwash from the pool will go to a drywell and notes the location on the plan. Reilly suggests that they should plant native species plantings along the fence. Maxner notes that there is a walking easement on the plan. Griffin states that he will talk with the landscape architect about that suggestion. 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 hearing to June 15,2010. Reilly seconds the motion. The motion carries 5-0. Cont: 400 Hale Street - Endicott Colle2e c/o Richard Wylie. President Charlie Wear and Dennis Monaco are present for the applicant. Joe Orzel arrives during the presentation. Wear addresses the Commission and explains that since the last meeting they have clarified the native plantings along the edge of the bank. He also notes that they added a silt curtain to the plan. He notes that Orzel is expected at the meeting soon and he has the planting schedule. Paluzzi asks if there will be any blasting required for the project. Wear states that he does not expect any blasting will be needed and explains that the amphitheater will be constructed with quarry stone and tiered into the existing slope. Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 5 of 11 Maxner asks Wear to review the drainage plans for the site. Wear explains the drainage plans. He explains that there will be no vehicles on the walkway with the exception of an occasional maintenance vehicle or emergency vehicles. He explains that the purpose of the path is for a walking path and there should be no contaminants as a result. Paluzzi asks if the path will be cleared in the winter. Monaco states that they may put some sand down and suggests that they could take a condition regarding the treatment of the paths. Reilly asks what type of maintenance is proposed for the lawn area. Monaco states that they will use fertilizer. He notes that they have tried an organic fertilizer near the ocean and the beach and if they are effective they would use more of it in other locations on the campus. Johnson asks how long a coconut fiber log lasts. Wear explains that they last between 5-8 years. Paluzzi asks if they will be installing lighting along the walkway. Monaco states that there is some existing lighting. He suggests that they may install some small post bollards along the upside of the slope. Orzel arrives at the meeting at this time. Orzel explains that they were asked to look at areas along the pond to restore and reclaim full portions of the 25' NDZ and explains the revised plans. He also notes the locations of the proposed planting on the plan. Maxner notes that there are no comments on the project from DEP at this time and notes that the website states that the project is under review. Squibb asks how the COIR log will be installed. Orzel explains that they will excavate with a straight edge, put the log in and secure it and backfill with the excavated material. Maxner notes that there are no numbers for the amount of plants to be installed. Orzel states that there are no numbers to give the college the leeway to plant accordingly. Maxner requests that they provide a rough square footage amount of area to be planted. Orzel estimated that they will be planting 3,450 s.f. Paluzzi stated that he would like to see a defined planting plan. Cademartori suggests that they could submit photo documentation of pre and post construction. Reilly suggests that the Commission should wait to close the public hearing until it is known if DEP has any comments. Cademartori states that the Commission could close the hearing with the condition that it be reopened should DEP have any comments. Paluzzi 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 - May 25, 2010 Page 6 of 11 There being no further questions or comments regarding this matter, Cademartori moves to close the public hearing. Johnson seconds the motion. The motion carries 4-0-1 with Reilly abstaining. Cont: 973 Hale Street - Joan Mullen Peter Ogren is present for the applicant. Ogren addresses the Commission and explained that this was presented at the last meeting and the Commission visited the site on May 10, 2010. He stated that they have nothing further to add at this time. Maxner notes that the plan includes the abandonment of the cesspool and connection to the city sewer system. She also notes that DEP issued a file number for the project with no comments. Maxner states that the Commission noticed yard waste disposed of on the site and partially in the wetland. Ogren states that the applicant would agree to a condition that the yard waste needs to be removed from the site. Ogren explains reconstruction proposed for the footbridge. He explains that the bridge is only for foot traffic to the island. Paluzzi asks if any machinery will be needed for the reconstruction of the bridge. Ogren explains that they will need a cement truck and a crane to lift the bridge. He suggests that they notify Maxner when the concrete is being poured on the site. Cademartori confirms that no work will be take place within the water. Ogren concurs noting that it will all be land site inside existing pathway. 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, Cademartori moves to close the public hearing. Johnson seconds the motion. The motion carries 4-01 with Reilly abstaining. New: 14 Fosters Point - C. Edward GU2ler Maxner reads legal notice. Greg Hochmuth of Neve-Morin addresses the Commission and explains that the applicant is proposing the installation of a deck and stairs at the rear of the house and construction of a pier, gangway and floats, with work to take place within 200-Foot Riverfront Area, Salt Marsh, Buffer Zone to Coastal Bank, Land Subject to Coastal Storm Flowage. Hochmuth notes that there is currently a house on the property and a small deck in the back of the house all on existing lawn. He also notes that there will be no removal of trees for this project. Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 7 of 11 Hochmuth explains that in order to comply with Army Corp of Engineers requirement that the float be 2 feet above the substrate at all times, the structure will be 300 feet long. He notes that they applied for a Chapter 91 License and have submitted the plans to DEP and it is still under review. He explains that it will be an aluminum gangway that will be bottom moored. He explains that it will be removed seasonally. Maxner notes that the proposed pier does not comply with the 25-foot property boundary set back. Hochmuth will look further into that requirement. He notes that the proposed deck and stairs meet the riverfront requirements and the deck is exempt because this is a minor project. Maxner reviews the exemption in 310 CMR 10.00 and Hochmuth agrees that an alternatives analysis is required after all and will prepare that for the next meeting as he assumes the Commission will want to do a site visit. Squibb asks how much further out than the other docks does the proposed dock extend. Hochmuth states that it is about 100 feet longer. Squibb states that he would like a clarification on the length of the dock noting that none of the other docks in the area are that long. Paluzzi suggests that the Commission visit the site. Johnson agrees. 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 hearing to June 15,2010, pending a site visit on June 14,2010 at 6:30 p.m. Reilly seconds the motion. The motion carries 5-0. New: 171 West Street - Preston & Alison Bradford Maxner reads legal notice. Bill Manuell, Robert Griffin, Preston and Alison Bradford are present. Manuell addresses the Commission and explains that they had previously submitted a minor modification for the changes to a plan approved in 2006 and the Commission ruled that they would like a new Notice ofIntent. He explains that this new Notice ofIntent governs the same plan as the request for the minor modification. Manuell explains that there have been changes to the footprint of the house, which has resulted in a reduction of the impervious surface in the Riverfront Area. He also notes tha they took everything out of the 25' NDZ. He further notes that an additional mitigation area will increase the plant numbers from 2006. He explains that the 2006 plan called for mitigation plantings in the NDZ and the new plan (2010) is not in the NDZ so mitigation plantings are not required. He refers to the planting breakdown in the NO!. Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 8 of 11 Manuell explains that they will be planting 8 feet on center and have increased the number of plantings to 20 shrubs. He explains the planting plans noting that they will be replacing 2 trees they are planning to remove. General discussion ensues regarding aspects of the plan and Manuell and Griffin field questions from the Commission. Manuell notes that the existing Order of Conditions allows the demolition of the house and the contractor, Jeff Lawler, has asked if they can proceed under the first Order of Conditions for the demolition while the applicant waits for the new Order to be issued and the appeal period to expire. Members of the Commission voiced no objection to that. 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 close the public hearing. Squibb seconds the motion. The motion carries 5-0. New: 40 & 100 Sam Fonzo Drive - Fonzo Realtv II c/o Salvatore Fonzo. Trustee Maxner reads legal notice. Peter Ogren is present for the applicant. Ogren addresses the Commission and explains that the applicant is proposing to start site work in preparation of constructing a 79,200 square foot addition to the existing industrial building. He explains that this is a reapplication for a filing that was rejected by the Commission in 2009 because the applicant had failed to apply for all other applicable permits, which included Site Plan Review and WPOD Special Permit with the Planning Board. He notes that the applicant has applied for these permits and the hearings for the Planning Board will probably open in June. Ogren explains the plans and notes the area on the plan where work will take place in the buffer zone. He also notes that there have been some changes to the plans since they were filed last year noting that individual utility will be outside of the buffer zone and they have added a loading ramp into the site. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Johnson suggests a site visit. Reilly agrees and requests that the four corners of the building be staked out. Ogren agrees to stake the building out. Squibb asks if it is anticipated that there will be more employees on the site due to this expansion. Ogren states that there is no shortage of parking on the site and notes that Sam Fonzo Drive has a whole section of parking that is not used. Maxner notes that she would like to explore the possibility of deferring parking lot construction until a time when the actual parking spots are in Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 9 of 11 demand. Ogren states that this could be considered as the Planning Board allowed a similar thing at the Liberty Publishing site. There being no further questions or comments regarding this matter, Johnson moves to continue the hearing to June 15,2010, pending a site visit on June 14,2010 at 5:30 p.m.. Reilly seconds the motion. The motion carries 5-0. OLD/NEW BUSINESS New: 32 Lon2meadow Road - ReQuest to Remove Two Trees Located With the 100 Foot Buffer Zone to a Borderin2 Ve2etated Wetland Devin Carr introduces himself and his wife and explains that they has requested permission from the Commission to remove two trees on their property that are within the 100 foot buffer zone to a BVW. Maxner states that she visited the site shows the Commission photos of the trees and explains that the owners have mold on their house due to the trees. Carr concurs and states that the mold and mildew is a definite problem aside from their concerns over the safety of their house. Maxner explains that the silver maple is obviously in decline due to disease and the Norway Maple is leaning toward the house. Paluzzi asks if the owners are planning to replace the trees. Carr reports that they are willing to replace the trees and was planning on additional plantings in the back yard regardless. There being no further questions or comments regarding this matter, Johnson moves to allow the removal of two trees at 32 Longmeadow Road, with the condition that at least two more trees be planted. Reilly seconds the motion. The motion carries 5-0. New: Correspondence from National Grid Maxner explains that National Grid has notified the Commission that they will be demolishing three structures on their River Street facility, all of which are outside the Commission's jurisdiction. She provides a map of the property and points to the structures being demolished and the limits of the resource areas. Orders of Conditions 171 West Street Discussion ensues regarding potential conditions. Cademartori cautioned that the pending changes to the FEMA maps may result in a new designation. Reilly suggests that the applicant should submit revised plans with the existing FEMA maps. Mr. Bradford noted that the architect talked to the Building Inspector at length regarding the location of the house and he would not allow a basement. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 10 of 11 1. Prior to construction, a revised project plan shall be submitted depicting current FEMA flood zone designations and elevations. 2. The proposed trees within the enhancement-planting schedule shall be at least 2 inches in caliper. 3. The proposed enhancement plantings shall be installed no later than June 1, 2011, and inspected by the Commission or its Administrator once completed. Reilly seconds the motion. The motion carries 5-0. 400 Hale Street. Endicott Colle2e Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. At the time of the close of the public hearing at the May 25,2010 meeting, DEP had yet to submit comments, if any. Therefore the Commission voted to reserve the right to reopen the public hearing at its June 15,2010 meeting to consider any substantive comments submitted by DEP. 2. The Conservation Administrator shall be contacted 48 hours prior to plant installation. 3. Prior to the issuance of a Certificate of Compliance, the applicant shall submit a full set of pre-construction and post-construction photographs of bank stabilization and enhancement planting activities. 4. Invasive specie removal and control shall be accomplished manually, not by mechanical means. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. Only the bushy cluster of Glossy Buckthorn located on the bank may be removed by mechanical means. 5. Sod, jute matting or coconut fiber shall be placed over any exposed soils adjacent to the bank after excavation to minimize erosion in these areas. 6. Calcium Chloride shall be used as the deicing chemical for walkways and paved surfaces within the 100-Foot Buffer Zone. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 7. Organic fertilizer shall be used within the 100-Foot Buffer Zone. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 8. Grasses within 10 feet of the bank shall not be cut less than 3 inches in height. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. Squibb seconds the motion. The motion carries 4-0-1 with Reilly abstaining. 973 Hale Street Discussion ensues regarding potential conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: Standard conditions Beverly Conservation Commission Meeting Minutes - May 25, 2010 Page 11 of 11 1. This Order of Conditions allows work as described in the Notice of Intent and above project description only. Any other work in addition to or different from what is described shall be subject to review and approval by the Conservation Commission. 2. The dumped piles of yard waste and leaves within the wetland flagged as the "A" series shall be removed and dumping in the resource areas shall cease in perpetuity. 3. The Conservation Administrator shall be contacted at least 48 hours prior to any pouring or pumping of concrete related to the repair of the footbridge. 4. Any concrete that accidentally escapes from the forms shall be immediately removed from the resource areas by hand and disposed of properly. Squibb seconds the motion. The motion carries 4-0-1 with Reilly abstaining. 3 Greenwood Avenue Maxner reports that the bank has complied with the Commission's Enforcement Order to install hay bales and fix potholes on the property. She thinks there might be someone interested in buying this property and the Commission may see a new NOI soon. Open Space and Recreation Committee - CPA Meetin2 Maxner reported that the Open Space and Recreation Committee will be hosting a meeting on June 2, 2010 to discuss the feasibility of organizing a campaign to place the Community Preservation Act on an future ballot in Bevelry. She notes that all stakeholders will be invited. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on February 23,2010 were presented for approval. Johnson moves to approve as amended. Cademartori seconds the motion. The motion carries 4-01 with Squibb abstaining. The minutes of the Beverly Conservation Commission meeting held on March 23,2010 were presented for approval. Johnson moves to approve as amended. Cademartori seconds the motion. The motion carries 5-0. 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 5-0. The meeting adjourns at 10:00 p.m.