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2010-07-27 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 27,2010 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Mary Reilly Members Absent: Others Present: Tony Paluzzi, Gregg Cademartori 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, MA. at 7:00 p.m. Certificate of Compliance Cont: Sam Fonzo Drive. DEP File #5-844 - Fonzo Realtv. LLC Maxner notes that at the last meeting, this matter was continued to August 10, 2010, and there will be no discussion this evening. Cont: 84 West Street. DEP File #5-820 - Joseph Leone Maxner states that she is still waiting for as-built plans to be submitted. She explains that she emailed the applicant regarding this and recommends that the matter be continued to the August 10, 2010 meeting. Johnson moves to continue the matter to August 10,2010. Squibb seconds the motion. The motion carries 5-0. New: 11 Greenwood Avenue - DEP File #5-866 - Don and Jane Brusca Maxner explains that the Order was issued in December of 2004 for the construction of a garage and installation of drainage, and the construction of a stone retaining wall. She notes that the applicant has submitted the as-built plans and a letter from their engineer. She also notes that she has visited the site a few times and there are no significant deviations from the approved plans and the site is stable. She recommends approval of the Certificate of Compliance. Johnson moves to issue a Certificate of Compliance for 11 Greenwood Avenue, Don Brusca. Squibb seconds the motion. The motion carries 5-0. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 2 of 10 New: 7 Tall Tree Drive - DEP File #5-924 & Order under the Local Ordinance - Eileen Barrett and Robert Maihos Maxner explains that there were two open Orders on this property. She explains that one Order fro a pool and cabana had no DEP file # and was governed by the local Ordinance only. The second Order, DEP File #5-924 was for the construction of a six-car garage and a crushed stone driveway. Maxner explains that she has been to the site and the applicant asked for relief from the numbers of the NDZ markers last December. She explains that four markers were installed along the edge of grass near the garage and numerous markers are installed along the 200-Foot Riverfront at the northerly section of the property and notes the areas on the plan. Lang states that he would like to see the locations of the markers on a map noting that is will be helpful in the future for staff and Commission members to see what was approved and what are no cut zones. He states that he would recommend approval of the Certificate of Compliance conditional upon the receipt of a plan showing the locations of the NDZ markers. Johnson moves to issue a Certificate of Compliance as conditioned. Squibb seconds the motion. The motion carries 5-0. New: 68 Paine Avenue - DEP File # 5-967 Christopher Velonis - Phra2mites Mana2ement Ve10nis addresses the Commission and explains in lengthy detail, the process that he used to eradicate the Phragmites on his property. The Commission discusses with Ve10nis his methods for management and asks clarifying questions with regard to cut material management. Maxner suggests that the Commission issue a condition with the approval of the Certificate of Compliance that allows Ve10nis to continue minor management to remove Phragmites for five years. Lang suggests that no spraying would be allowed and that applications should be applied by hand. Reilly moves to issue a Certificate of Compliance for DEP File #5-967- 68 Paine Avenue- Christopher Ve10nis - and that a condition be included that allows for minor management of the Phragmites on the site and that herbicide application shall only b allowed be by hand, not by spraying methods. Johnson seconds the motion. The motion carries 5-0. New: 68 Paine Avenue - DEP File # 5-1031 Christopher Velonis - Seawall Repair Ve10nis addresses the Commission and explains the seawall was constructed as approved and he has provided a certifying narrative from Land Surveyor John Dick. Maxner states that the work appears to be in compliance with the approved plan and that the profile of the rip-rap looks to be in line with the plan. She notes that the site seems stable and shows the Commission photos of the site. She recommends approval of the Certificate of Compliance. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 3 of 10 Johnson moves to issue a Certificate of Compliance. Squibb seconds the motion. The motion carries 5-0. New: 68 Paine Avenue - DEP File # 5-888 Christopher Velonis - Seawall Repair Ve10nis addresses the Commission and explains that the first Order issued allowing the maintenance of a rip- rap wall, but was then superseded by the Order just discussed, DEP File #5-1031 Johnson moves to issue a Certificate of Compliance. Squibb seconds the motion. The motion carries 5-0. ReQuests for Determination of Applicabilitv 9 Iverson Road - Timothv Brown - Demolition of Existin2 Porch and Deck - Construction of New Deck. Screened In Porch and New Fence Maxner reads legal notice. Michael Perrine, contractor, addressed the Commission on behalf ofMr. Brown who was also present at the meeting. Perinne explains that the deck needs to be replaced and they are proposing to tear down the existing deck and replace it, keeping the walls for an enclosed porch and slightly enlarging the deck. He explains the proposed deck will be on sono tubes and the footings will be concrete. He explains the proposed fence will replace an existing four foot fence and will be six feet high and he would also like to install a chain link fence to mark off his property and prevent dumping that occurs on the back of his property. He also explains that they are proposing to clean up the area and plant natural vegetation. Lang asks how large the fence will be from the wetland. Perinne explains that they are proposing a six foot fence to square off his property all the way around which is 20 feet or so, and the chain link would be immediately adjacent to the brook. Johnson asks if the fence is noted on the plans. Brown states that it is and explains the location on the plan. Lang explains that they have to compensate for the proposed fencing that will be located in the 25- Foot NDZ. He suggests that they submit a planting plan. He also notes that the Commission typically does not approve chain link fences along a waterway, which can behave to trap materials and cause increased flooding on adjacent properties and erosion of the stream channel. He suggests that they install a split rail fence. Maxner agrees. Discussion ensues regarding the site conditions and proposed project impact to the wetlands. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 4 of 10 Lang states that he could approve the plan with a Negative 3 Determination if they substitute a split rail fence for the proposed chain link fence and that they remove any debris that has been dumped on the site and that they install 10-15 additional native shrubs be planted on the site. Members agree. Johnson moves to issue a Negative 3 Determination allowing the installation of a split post and rail fence no closer than 8 feet from the top of the bank of the stream subject to the following Special Conditions: 1. Any and all foreign debris or dumped and stored materails shall be removed from adjacent to the stream and disposed of properly. 2. At least 10, but up to 15 native shrubs or bushes shall be planted adjacent to the stream in the area of the post rail fence and said shrubs shall be chosen from the attached native plant list (shrub list to be forwarded to applicant). 3. The Conservation Administrator shall conduct a final site inspection to inspect said post and rail fencing and plantings. Glidden seconds the motion. The motion carries 5-0. New: 6 Lakeside Avenue - Construct Deck - Yvonne Rep and Robert Levine Maxner reads legal notice. Robert Levin addresses the Commission and explains that they are proposing to construct a deck on the back of the house which will be 6' to 8' in height, 9 liz-feet wide by 60-feet long and constructed on 20 wooden posts. He explains that the deck footings will be located approximately 60 feet from the top of bank of Wenham Lake. He notes that the deck will wrap around the far end of the house. Lang states that it seems straightforward and asks if members of the Commission have any comments. Members agree that this project will result in very little, if no impact at all on the resource area. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative 3 Determination. Squibb seconds the motion. The motion carries 5-0. Recess for Public Hearin2s Johnson moves to recess for public hearings at this time. Squibb seconds the motion. The motion carries 5-0. Notice of Intent Cont: 40 & 100 Sam Fonzo Drive - Fonzo Realtv II c/o Salvatore Fonzo. Trustee Peter Ogren is present for the applicant. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 5 of 10 Ogren addresses the Commission and states that the only issue outstanding regarding this matter was that of the outdoor dumpster storage area. He reports that he has a letter from Vali Stevens of Aero Manufacturing relative to the storage area. Maxner states that she met with Ms. Stevens twice out at the site to monitor management activities and she believes that Ms. Stevens is doing a fantastic job cleaning up the area. She explains that the scrap metal containers are now plastic and are stored inside the building and other metal machine parts and components are being shrink wrapped to protect them from the elements. Ogren states that they are not planning any paving of the parking area now, but would like to have the right to do so in the future. Discussion ensues regarding the status of the parking area. Maxner recommends a condition regarding the parking component of the plan and notes that it will not be executed at this time, and when and if that portion of the project goes forward the applicant shall notify the Commission. She notes that the Planning Board is supportive of this and this also needs Zoning Board of Appeal approval as well. Maxner will write a letter to the ZBA supporting the requested variance for parking. There being no further questions or comments regarding this matter, this evening, Squibb moves to close the public hearing. Johnson seconds the motion. The motion carries 5-0. Cont: 875 Hale Street. DEP File #5- - Montrose School Park. LLC c/o Svmes Associates. Inc. Peter Ogren, Hayes Engineering and Jeff Rhuda of Symes Associates are present representing the project. Maxner reports that Bill Ross from New England Civil Engineering is present this evening to present his findings of the peer review that he conducted for the Commission on the proposed project. Ross addresses the Commission and explains that he visited the site and reported his findings, which the applicant has responded to. He reviews his findings with the Commission. Ross explains that in several areas of work area as close as two feet from the 25-Foot NDZ and asks for verification that no work will take place within the NDZ. Ogren states that they have requested waivers for that and they are proposing some type of grass be planted and a fence installed along the resource area. Maxner questions whether the Commission should allow the area that is lawn in the NDZ to continue as a lawn. Rhuda states that he does not think that the Commission can do that and notes that the area has been a yard for 75 years and that would constitute a taking. Squibb notes that the developer discontinued that use by demolishing the house and reconfiguring the lots, so he doubts that a taking argument would hold in court. Reilly concurs with Squibb noting that numerous towns Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 6 of 10 and cities in Massachusetts maintain no disturb zones and have been upheld by the courts in the past. Lengthy discussion ensues regarding existing conditions of the NDZ and expectations of the Commission on future management of that area. Lang asks Ross to finish his presentation so that the Commission can continue to review the drainage proposal. Ross reviews the drainage calculations for the site and provides a point-by-point presentation of his findings, to which the applicant's engineer responds. Lang clarifies with Ross that he determined no critical flaws in the storm water quality, storm water volume and water quality volume and the overall drainage proposal. Ross states that there are no critical flaws, just a few clarifying and minor amendments to the proposal at his suggestion. Ogren states that in his comment letter he included additional information regarding stormwater quality. He notes that there is an additional table E3 that details the additional information. Ogren asks for several minutes with his client to discuss the NDZ issues. Ogren and Rhuda return to the meeting and propose a compromise within the NDZ explaining that there exists a 20-foot drainage easement and 8" sewer pipe located within the heart of the NDZ and this must be accounted for. Rhuda states that they will be willing to set aside the first 10 feet of the NDZ and maintain this as naturalized area with additional grass seeding and shrub planting but to manage tree growth so as to not compromise the integrity of the sewer pipe. Lengthy discussion ensues regarding marking and memorializing this NDZ and its future management. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Glidden seconds the motion. The motion carries 4-0-1, with Reilly abstaining. Cont: 4 Gavin Circle - DEP File #5-1040 - Jonathon & Joan Perry Maxner states that this matter has been continued to the August 10, 2010 Conservation Commission meeting and no discussion will be held this evening. Cont: 3 Greenwood Avenue - Complete Septic Svstem and Plantin2s - Nikita Paras Maxner explains that the applicant has requested that the matter be continued to the next meeting of the Conservation Commission on August 10,2010. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to August 10,2010. Squibb seconds the motion. The motion carries 5-0. OLD/NEW BUSINESS 875 Hale Street - OSRD Conceptual Plan - Discussion at ReQuest of Applicant Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 7 of 10 To refresh the Commission members' memories, Maxner reviews the most recent comment letter written by the Commission to the Planning Board on the OSRD Conceptual plan for 875 Hale Street, dated July 15, 2010. She notes that the Commission prefers the location of the house to be on the upland side of the street and reviews the OSRD plan. Jeff Rhuda addresses the Commission and explains the rationale behind the SP-3 site plan configuration. He notes that there is a large swath of mature trees that is located between the subject property and the abutter Kevin Barry at 865 Hale Street. This swath of trees provides an important buffer area to Mr. Barry as well as a significant wooded area on the site. Locating the roadway and houses was deliberate in order to preserve this swath of trees and accommodate stormwater drainage on site. Mr. Barry addresses the Commission and states that he prefers this plan and notes the location of his property in relation to this site. He explains that he has been working with Symes to find a configuration that protects his property value while still working within the OSRD regulations. He notes his preference for the house on Lot # 2 to be further pushed 20 feet towards the buffer zone to pull the roadway further from those trees so that their root systems will not be compromised by roadway construction. Rhuda states that Symes does not have a problem with the additional 20 feet noting that it will still keep that house outside the 100-foot wetlands buffer zone. Lengthy discussion ensues regarding the proposed site plan in general and long-term protection of the Buffer Zone and memorializing the limit of the Buffer in the field with permanent fence or markers to prohibit further development in that zone. There being no further questions or comments regarding this matter, Squibb moves to submit a revised comment letter to the Planning Board that amends its position to support the SP-3 configuration that locates the houses on the wetland side of the roadway contingent upon locating the house on Lot #2 so that it does not encroach in to the IOO-Foot Buffer Zone and a permanent marker(s) (i.e. post and rail fencing, conspicuous granite markers etc...) is/are installed at the limit of the IOO-Foot Buffer Zone prohibiting any further development of said Buffer. Johnson seconds the motion carries 5-0. New: 5 Ouincv Park - DEP File #5-1013 - Minor Modification - Jack Altshuler Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the applicant is requesting to make repairs to the seawall as allowed under the existing Order. They wish to amend Special Condition # 2, to allow small front end loader and concrete truck to be operated on the beach to allow for seawall repair activities and broken concrete clean up as described in said request letter. He explains that they will use a Bobcat to move large boulders and pour concrete into the slab. He notes that the contractor has determined that the concrete needs to be of a stiffer "low slump" type consistency to avoid it running off the slope of the seawall and therefore they must use a concrete truck on the beach to achieve a more stable working mix. He explains the entrance and exit pathways from the existing paved boat launch a couple hundred feet west of the work site. He notes that they will be working at low tide, and thinks they can complete the work in one day. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 8 of 10 There being no further questions or comments regarding this matter, Johnson moves to approve a minor modification for 5 Quincy Park, DEP File #5-1013. Squibb seconds. The motion carries 5- O. New: Sturtevant Street Extension - Rescission of Definitive Subdivision Plan - Plannin2 Board ReQuest for Comments Maxner explains that the Planning Board has requested comments from the Commission regarding a request to rescind a definitive subdivision plan that approved in 1987 but never developed. She notes that all the new plan does is reconfigure the lot lines and based on GIS, FEMA and other mapping material, it does not appear that any wetlands or buffer zones encumber the property. Members review the plans and agree that the Commission has not comments on this application. Approval of Expenses Invoice from Attornev Hall in the amount of $620.00 for review Chapman's Corner Conservation Restriction Johnson moves to approve the invoice for Atty. George Hall in the amount of$620.00. Glidden seconds the motion. The motion carries 5-0. Orders of Conditions 40 & 100 Sam Fonzo Drive - DEP File #5-999 - Aero Manufacturin2 Discussion ensues regarding potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to construction, a revised plan shall be submitted that delineates the portions of the parking areas that will not be immediately completed. These areas shall be seeded and landscaped to maximize natural infiltration of precipitation. 2. This Order of Conditions allows for the areas of parking, referenced in Special Condition #1 above, to be constructed at a future time when such parking spaces become needed/necessary without the requirement of filing a new Notice of Intent. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance provided that: a. The Commission and/or its Administrator is notified a week prior to construction; b. The Commission and/or its Administrator shall inspect the erosion control installation prior to work commencing; c. Prior to any work commencing, a sign no less than 2 square feet or more than 3 square feet, visible from the street shall be displayed reading "MA DEP File # 5- 999", and not placed on a living tree. 3. Curbing (cape cod berm or granite) shall be installed at the limits of the paved surfaces within the parking areas that area to be constructed immediately. Said curbing shall be Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 9 of 10 moved and installed at the limits of pavement of parking areas that may be completed at a future time. 4. The outdoor dumpster and storage area located at the rear of the existing building shall be monitored and maintained in accordance with the letter dated June 12,2010, stamped received by the Beverly Conservation Commission on July 14,2010, signed by Vali Stevens, Director of Human Resources for Aero Manufacturing Corporation. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Squibb seconds the motion. The motion carries 4-0-1, with Reilly abstaining. 875 Hale Street - DEP File #5-1038 - Montrose School Park Discussion ensues regarding potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions: 1. A post and rail style vinyl fence shall be installed not less than 10 (ten) feet from the edge of the wetland boundary. This shall constitute a 10-Foot No Disturb Zone (10' NDZ). 2. A sign or plaque facing the upland side reading: "Conservation Area Do Not Disturb" shall be installed on each post of the above-referenced fence. 3. The 10' NDZ shall be overseeded with an Earnst Seed Mix in order to increase the specie diversity of the herbaceous plant layer. 4. In order to protect the integrity of the existing 8"sewer pipe which is located within the first 25 of the Buffer Zone to the wetland, this Order of Conditions allows for the manual removal of emergent woody plant material including shrubs, bushes and trees from within the 10-Foot No Disturb Zone. Mowing of the 10' NDZ is prohibited. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. Use of pesticides, herbicides or fungicides is prohibited within the 100-Foot Buffer Zone. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. All pitched roof surfaces of the proposed houses shall be guttered and directed into subsurface infiltration devices. 7. Should the width of the right-of-way or the final footprints of the proposed houses be reduced, the limit of the No Disturb Zone shall be shifted further up gradient away from the wetland by the full distance of such reductions. The vinyl fence shall be installed at the new limit of the NDZ. Regardless, the proposed houses shall be built at the very limit of the front yard set back per Beverly Zoning Rules and Regulations, so as to maximize the width of the No Disturb Zone. All other conditions in this Order relating to the 10' NDZ shall apply to this enlarged NDZ. 8. Anywhere that it appears, the word "should" shall be replaced with the word "shall" in all sections of the Stormwater Operation and Maintenance Plan dated May 19, 2010. This Condition hereby amends the Operation and Maintenance Plan, which shall be implemented accordingly in perpetuity beyond the issuance of a Certificate of Compliance. 9. All Perpetual Conditions (Special and Standard) in this Order shall be expressed in all deeds and covenants for this subdivision. Beverly Conservation Commission July 27, 2010 Meeting Minutes Page 10 of 10 Squibb seconds the motion. The motion carries 4-0-1, with Reilly abstaining. 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. Squibb seconds the motion. The motion carries 5-0. The meeting adjourns at 9:45 p.m.