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2010-07-06 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present July 6,2010 Conservation Commission Chair David Lang, Vice Chair Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Gregg Cademartori Members Absent: Others Present: Mary Reilly 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 Peter Ogren addresses the Commission and explains that he met with the applicant and is making some changes to the plan and will get the information back to Attorney Handley. Lang noted that the matter has been on the agenda for a year and suggests that the Commission continue the matter for a month or two. Ogren states that they should be able to get this done by the August 10,2010 meeting. Paluzzi moves to continue the matter to the August 10,2010 meeting. Johnson seconds the motion. The motion carries 6-0. Cont: 84 West Street. DEP File #5-820 - Joseph Leone Maxner states that the applicant requested a continuance to this evening's meeting but she has not heard anything from them. She suggests that the matter be continue to the July 27,2010 meeting. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6-0. New: Thompson Farm Wav. DEP File #5-873 - Thomas Carnevale. Cole Street Subdivision. LLC Maxner notes that the applicant is not present at this time and recommends that the Commission move along with the agenda and if the applicant shows, the matter can be taken up later in the meeting. ReQuest for Determination of Applicabilitv Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 2 of9 Cont: 4 Gavin Circle - Patio and Floatin2 Dock - Jonathan and Joan Perry Jonathan and Joan Perry are present. Maxner explains that project involves installation of a patio within the 25' NDZ to bank of a pond and a floating dock and stairs within the pond. The Commission directed Mr. & Mrs. Perry to address the 25' NDZ waiver criteria for the patio and informed them that the floating dock would require a Notice ofIntent. The Mr. Perry states they have submitted the NOI, and wish to withdraw the RDA. Recess for Public Hearin2s Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6-0. Cont: 41 Prince Street - Jeffrev F. & Christopher H. Mansfield- Abbreviated Notice of Resource Area Delineation Bob Griffin is present for the applicant. Griffin addressed the Commission and explains that a site inspection was held and notes that the wetland boundaries for the site are well defined by the masonry seawall on the site. He explains the location on the plan. He noted that the Commission had no questions regarding this matter at the site visit. Cademartori notes that the Commission's approval should indicate that it is approving the current FEMA mapping not the revised maps that will be effective next summer. Members agree. Maxner will make a note to that effect on the ORAD. There being no further questions or comments regarding this matter, Cademartori moves to approve the ANRAD as submitted for 41 Prince Street. Paluzzi seconds the motion. The motion carries 6- O. Notice of Intent Cont: 40 & 100 Sam Fonzo Drive - Fonzo Realtv II c/o Salvatore Fonzo. Trustee Peter Ogren is present for the applicant. Ogren addresses the Commission and notes that the only outstanding issue is that of the storage of scrap materials on the site. He presented an email from Valerie Stevens of Aero Manufacturing that explains that they plan to eliminate the dumpster completely and move the storage inside the building. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 30f9 Ogren also explained that the Planning Board has voted on the Special Permit for the project and the Parking and Traffic Commission has reviewed and approved the parking plan. He stated that he expects the final site plan review for be approved at the Planning Board meeting on July 20,2010. Cademartori asked if there is potential for not constructing part of the parking area. Ogren explained that the Planning Board has indicated that could support an action not to construct the parking spaces at this time but it remains a zoning issue and they have to go before the Zoning Board of Appeal. He noted that they have asked to grade it but not pave it. David Lang referred to the email that Ogren submitted from Aero Manufacturing noting that there is no company identification on it and requested that he would like something more official from the applicant. Ogren explained that they are including the parking at this time so that in the future if will be permitted if the owner chooses to pave it. Cademartori asks if they have a design for the capacity of the parking area if it is to be paved. Ogren stated that they do. Ogren explained that they want to put a berm along the edge of the parking area. He also noted that they are not sure if they will get the variance for the parking but thinks that they have a good shot with the support of the Planning Board. Lang stated that he is hesitant to approve future parking for an unknown use at this time. He suggests that the Commission could approve this at the next meeting and suggests that a draft of conditions be prepared for the next meeting on July 27,2010. There being no further questions or comments regarding this matter, this evening, Paluzzi moves to continue the matter to July 26,2010. Johnson seconds the motion. The motion carries 6-0. New: 875 Hale Street - Montrose School Park. LLC c/o Svmes Associates. Inc. Maxner reported that she has received three proposals for the peer review for this project. She explains that CDM, Meridian and New England Civil Engineering submitted proposals. She also notes that the lowest estimate was from New England Civil Engineering at $1,900 and they were the only bidder that said they would do a site inspection. Ogren notes that if there is a site inspection he would like to be present. There being no further questions or comments regarding this matter, Johnson moves to retain the services of New England Civil Engineering at a cost of$1,900 and to continue the public hearing to July 27,2010. Paluzzi seconds the motion. The motion carries 6-0. New: 4 Gavin Circle - Jon & Joan Perrv- Jon and Joan Perry are present at the meeting. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 40f9 Maxner reads legal notice. Mr. Perry addresses the Commission and explains that he is proposing a floating dock for entrance into the pond and a small patio that connects to the lower entrance of the house. He noted that they would like the dock for easier access to the pond and to ease the erosion on the site. He also notes that his neighbors from across the pond are present this evening. Johnson states that he feels that the Commission should visit the site. Lang questions if they need a Chapter 91 License. Maxner states that she is not sure if a pond this size would trigger the "great pond" regulation. Perry states that he sent copies of his application to DEP. Lang questions how the dock will be secured to the bank, noting that the sono tubes on one end would be estimated at about nine (9) feet. He explains that a nine-foot drop to the water is a lot. Paluzzi agrees. Lang also agrees that the Commission should visit the site. Perry states that they care deeply about the pond and any advice that the Commission could give them would be greatly appreciated. Lang opens the hearing up for public comment at this time. John Hughgood addresses the Commission and expresses his concern about not keeping with the environment of the pond. He states that he is concerned that once one dock goes in that it would set a precedent. Lang states that he has a legitimate concern. Hughgood also states that he is concerned about what they can and cannot do at the edge of the pond with regard to trimming bushes etc. Discussion ensues regarding dates for a site visit by the Commission. Perry notes that they will be on vacation. Lang suggests that the Commission visit the site on July 26, 2010 and that the public hearing be continued to August 10,2010. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to August 10,2010, pending a site visit on July 26,2010 at 6:00 p.m. Johnson seconds the motion. The motion carries 6-0. Cont: 3 Greenwood Avenue - Complete Septic Svstem and Plantin2s - Nikita Paras Bill Manuell is present for the applicant. Manuell addresses the Commission and states that he has nothing new to report. He explains that a site visit was held and the Commission had a few concerns. Maxner reviews her notes from the site inspection as follows: Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 50f9 '" The limits of the paved roadway/drive on Indian Hill are not shown on the plan and therefore made it difficult to visualize the limits of site work, house driveway, locations of reserve leech fields etc. '" The approved plan shows a poured concrete retaining wall on the downslope side of the leeching fields, however it appears that a dry boulder/stone wall is in the midst of being constructed - this needs to be reconciled; '" The general leeching field areas were observed, fill that is stockpiled in these vicinities do not appear to be suitable material for a leeching field - many large stones, rocks and boulders mixed in with this material, which may be more of a BOH issue, but may result in changes to the plan that we need to review; '" A new plan may be necessary to determine the exact location of house footprint, proposed driveway, septic system elements; '" A proposed hedgerow along the southern property line was discussed as it is a requirement of the ZBA' s variance for this lot - this should be shown on the plan; '" Although not really a Con Com issue, the easement/right of way and Mr. Otis's property line and rights were discussed at length which may impact the design and/or location of the new driveway to the new house Manuell states that they are not going to continue the boulder wall and are proposing to remove it and install a concrete retaining wall as shown on the plan. Cademartori notes that the existing pave way leads to the resource area and the driveway. He suggests that a crushed stone swale be installed to capture the roof runoff. Manuell states that they would accept that as a condition. He also explains that there is no way to divert the water but they can slow it down so that some of it will infiltrate. Maxner states that she is hesitant to close and issue an order of conditions noting that she would like to see all of the work proposed on the plan so that the contractor knows what can and cannot be done on the site. Manuell agrees and states that he did not expect to close this tonight and agrees to submit revised plans showing all proposed work. Atty. Lake addresses the Commission and states that it is in everyone's best interest to get this project done, noting that the previous owner had several issues on the site. He states that there are historical drainage issues on the site that have nothing to do with this project. He also notes that capturing the water makes sense to him. He further notes that the neighbors want the tree screening planted and suggests that a swale may interfere with that. Atty. Phillip Lake also expressed concern about the proposal for the Commission to hold back funds to insure that the work is completed and questioned how the amount would be determined and how this would work. Lang explains that the site is a problem and the Commission should have been more strict with the original Order of Conditions and they are trying to take a more strict approach this time. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 60f9 Maxner reviews the items that the Commission would like added to the plan for the next meeting. Cademartori explains that the drainage is a significant issue and it is not in the best interest of the city or the homeowner to expedite this. Manuell states that the hedgerow will help the runoff situation and if the Commission is insistent they will plant them but he feels that it is not money well spent because there is a lot of growth out there that has shot up over the years and while it may have been necessary years ago it may not be now. Atty. Lake states that there should be some understanding proposed withholding of$10,000. Squibb notes that in the past the Commission has set up escrow accounts. Maxner states that she will investigate the Commission's options further with the City Solicitor. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to July 27,2010. Squibb seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS ReQuest to Extend Order of Conditions. DEP File #5-949 - Sam Fonzo Drive - Ron Vitale Ron Vitale is present at the meeting. Maxner explains that the Commissioners visited the site. She notes that the silt fence has been refurbished and is functioning correctly. She states that she has no concerns about the stability of the site. Maxner also explains that she discussed special Condition #'s 4, 5 & 6 with Mr. Vitale. The conditions suggest that the entire 25' NDZ would be cleared to reintroduce new plantings. Maxner recommends that the Commission should reconsider these conditions as there is good, thick vegetation and some trees within the 25' NDZ that should be preserved and maybe pockets of the NDZ should be loamed and planted with trees to obtain more height structure and habitat. She recommends that choosing areas that have room for additional plantings and trees would be appropriate, noting that it makes sense to leave the large trees in place. Vitale states that he would rather not totally disturb the 25' NDZ as it is well vegetated, but agrees that there are spots that would benefit from being planted with more trees and shrubs. Lang agrees and suggests that the applicant submit a plan showing the proposed locations for the plantings. Cademartori suggests that Maxner take a look at the site prior to planting to ensure that appropriate areas are receiving plants. Discussion ensues regarding modifying the special conditions of the permit. There being no further questions or comments regarding this matter, Paluzzi moves to issue a two- year extension for the Order of Conditions for Sam Fonzo Drive, DEP File #5-949. Johnson seconds the motion. The motion carries 6-0. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 70f9 Paluzzi moves to issue a Minor Modification the Order of Conditions for Sam Fonzo Drive, DEP File #5-949 with the following changes to the Special Conditions: '" Elimination of Special Conditions # 4, 5 & 6 to be replaced with the following new Special Condition #4: Once the footing for the perimeter retaining wall has been installed but before wall construction, the applicant and the Conservation Administrator shall conduct a site visit to identify areas within the 25' No Disturb Zone that are appropriate to receive clusters of2- inch caliper red maple trees (20 trees total) to increase structural and habitat diversity and enhance screening. These areas shall be noted on the approved plan and provided to the Commission for review and final approval. '" Special Condition # 7 is also modified to specify that conservation grade wildlife/wetland seed mix shall be applied within the planted tree areas. Johnson seconds the motion. The motion carries 6-0. Cont: Thompson Farm Wav. DEP File #5-873 - Thomas Carnevale. Cole Street Subdivision. LLC - Certificate of Compliance Maxner notes that the applicant informed her that one of his rental properties was without air conditioning and that is why he could not make the meeting. She explains that the detention basin is not retaining water and reviews an email she received from between Mr. Carnevale and Thad Berry, of Xeriscape Design, the design engineer for the detention basin. She also notes that a closing is scheduled for July 14,2010. Maxner explains that the Order governed the construction of detention basin (designed to function as a wet basin with native plantings) within 100- Foot Buffer Zone, but outside the 25' NDZ, to an off-site Bordering Vegetated Wetland. Maxner reviews the Special Conditions issued for the project as follows: 1. The deed associated with Lot # 6 shall contain language requiring that the owner of said Lot shall be responsible for maintenance of the wet basin and its associated inlet, riprap outlet and velocity reducer structures in perpetuity. 2. As discussed at the public hearing of April 12, 2005, the proposed shrubs which are less tolerant to flooded conditions shall be planted closer toward the top of the berm surrounding the wet basin in order to ensure their survival. 3. Twelve (12) additional native woody shrubs shall be planted along the westerly perimeter of the wet basin in order to provide enhanced wildlife cover and screening. 4. Pursuant to the modification and expansion of the proposed stormwater detention basin, an expanded native planting plan shall be prepared by a professional wetland scientist and submitted to the Commission or its Administrator for review and approval. This new expanded planting plan should include the twelve (12) additional native woody shrubs as required by Special Condition # 3 and should account for Special Condition # 2 as well. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 80f9 Maxner also notes that the Commission will recall discussing the fact that the developer has not witnessed ponding or water retention in the basin and that the wetland plantings were not installed in the bottom of the basin. Chairman Lang recommended that the Mr. Carnevale contact the design engineer to seek guidance on this issue. Mr. Carnevale mentioned that he would be willing to place funds in escrow to carry out Thad Berry's recommendations. Lang suggests that the Commission issue a partial Certificate of Compliance and they can come back for a final sign off after the mowing and seeding is completed in the spring. There being no further questions or comments regarding this matter, Paluzzi moves to issue a partial Certificate of Compliance for Thompson Farm Way, DEP File #5-873 contingent upon the applicant escrow $1,250.00 to ensure that the bottom of the basin will be mowed in the fall 2010, clippings removed and overseeded with a meadow seed mix and inspected in the Spring of2011 by the Commission in order to obtain a full Cert. ofComp. Johnson seconds the motion. The motion carries 6-0. 95 Dod2e Street - Buildin2 Addition - Discussion Re2ardin2 Application ReQuirements Maxner informed the Commission that there is no need for them to file as the site is a fenced in yard with no trees on the site. 60 South Terrace - Proposed PorchlDeck Replacement - Discussion Re2ardin2 Application ReQuirements Maxner explains what the applicant is proposing. Lang suggests that they could file an RDA if they stay within the footprint, otherwise they should file a Notice ofIntent. 875 Hale Street - OSRD Conceptual Plan - Plannin2 Board ReQuest For Comments Maxner reviews the conceptual plans for the OSRD at 875 Hale Street. She states that the latest plan is for 5 lots and she does not think that the two existing houses are included in the calculations for the open space. Squibb notes that lot 3 is in the buffer zone and moving it would affect access to the other lot. Maxner will draft a comment letter for the Planning Board and send it to members via email for their review. Approval of Expenses Maxner requests that the Commission approve an expenditure of $450.00 for the renewal of the Commission's membership for the Massachusetts Association of Conservation Commissions (MACC). Paluzzi moves to approve the expenditure. Johnson seconds the motion. The motion carries 6-0. Beverly Conservation Commission July 6, 2010 Meeting Minutes Page 90f9 Orders of Conditions There were no Orders of Conditions issued this evening. 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 6-0. The meeting adjourns at 9:30 p.m.