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2010-08-31 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present August 31,2010 Conservation Commission Chair David Lang, Tony Paluzzi, Gregg Cademartori Dr. Mayo Johnson, Kate Glidden, Bill Squibb and Mary Reilly Members Absent: Others Present: None 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: 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 September 21, 2010 meeting. Paluzzi moves to continue the matter to September 21,2010. Reilly seconds the motion. The motion carries 7-0. New: 242 Elliott Street - DEP File #5-926 - Robert Sheehan. Bass River JDS. LLC Bill Manuell is present for the applicant. Maxner reports that the Order, issued in the summer of 2006 governed the demolition of two existing commercial buildings; construction of commercial restaurant/retail building, with associated parking and other appurtenances and Riverfront Area restoration plantings. Maxner reviews the history of the site and notes that there were special conditions issued by the commission. She reviews the special conditions. Maxner notes that she has been to the site a few times and the applicant had requested a modification regarding the maintenance required for the seeded area. Manuell addresses the Commission and explains the extensive restoration plan. He explains that the planting plan was modified to maintain the wild growth and the Commission approved the modification. He noted that the area looks full now and they are pleased with the results. He Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 2 of8 notes that it has been two growing seasons since the plantings were installed and there is extensive coverage of the area with trees and shrubs. Manuell notes that DEP had concerns about the project and a superseding Order of Conditions was issued that confirmed the Commission's conditions. Maxner expresses concern about a couple of the trees on the site. Cademartori agrees and notes that three of the trees look dead. Manuell states that the landscape arborist is taking care of the trees and agreed that they are struggling, but they are being cared for. Maxner notes that Special Condition 6 calls for 100% survivorship of all of the trees on the site. Lang suggests that the applicant should comply with the Special Condition and replace the trees. Reilly asks how the trash on the site is managed. Manuell explains that there is a barrel at each of the benches, which are emptied on a regular basis. He also notes that Starbucks maintains the litter as well and sweeps up the area from time to time. Maxner notes that Special Condition 3 calls for the site to cleaned two times per day, pre and post construction. She notes that during a site inspection on Monday, the site looked good. Paluzzi asks if geese are a problem on the site. Manuell explains that the site is so thick and grown out that they are not a problem. Sheehan states that the biggest problems they have now are dogs. Cademartori asks if Chapter 91 requires maintenance of the walkway. Manuell states that the walkway is lin-pac. Paluzzi moves to issue a Certificate of Compliance with perpetual conditions Special Conditions # 3, 7 (as modified), 8 & 9; Standard Conditions #39-42 and that any trees on the site that are dead shall be replaced. Reilly seconds the motion. The motion carries 7-0. ReQuests for Determination of Applicabilitv New: 289 Hale Street - Install New Grease Chamber and Repavin2 of Existin2 Drivewav- Endicott Colle2e Maxner reads legal notice. Charles Wear of Meridian Associates and Dennis Monaco of Endicott College are present on behalf of the applicant. Wear addresses the Commission and explains that they are proposing the installation of a new grease chamber (for restaurant food operations), repaving of existing driveway and maintenance of existing sewer line. He explains that the area is land subject to coastal storm flowage and the Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 30f8 entire slope is coastal bank. He also explains that the stream is subject to the Riverfront Protection Act and is noted on the plan. Wear explains that they plan to video inspect the old 6" clay pipe and if necessary they will reline it with a liner. He notes that there will be no excavation to install the liner. He further explains that if they find a section of the pipe that is crushed they would like to dig it up and replace it. He estimates that the work should take a day or two to complete. He also notes that they are not proposing any sediment barriers because it should be a quick and easy installation. He also notes that if the pipe needs to be replaced it could be dug up and replaced in one day. Lang expresses concern that no sediment barriers are proposed. Wear states that they could install sediment barriers along the edge of the pavement and explains the area in relation to the resource area. Wear notes that they will be running a camera through the pipe first and explains the process. Cademartori asks if there is any evidence that the pipe is weeping. Monaco explains that the pipe backs up occasionally and they have had it cleaned out. He notes that the grease comes out of the kitchen and the existing grease traps for Tupper Hall are inadequate. Wear explains that they plan to abandon the current grease trap and install a new one. He notes that they will use flowable fill to abandon the trap. Lang notes that the Commission is familiar with the site and the project seems straightforward. He suggests that when they determine if an area needs to be replaced they should notify the Commission and Maxner. Wear agrees. Lang suggests a condition that leaves it to the discretion ofMaxner as to whether the Commission should be notified if the pipe is to be replaced. He also suggests that Maxner should inspect the erosion control. Reilly questions when they will be doing the work. Monaco explains that they would like to do the work before the winter. Johnson asks what the status of the marsh restoration project is. Wear explains that this project is outside the scope of that work, but the issue is funding, noting that it is a high priced project for a small area. Squibb notes that the drainage system is fairly new. Wear explains the area and the possible yard drains. He notes that they could conflict and if they do they will deal with it. Maxner notes that the plans call for resurfacing the entire paved area and asks if that includes the pump station. Wear explains the area and notes that the pump station is not included. Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 40f8 There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 2 Determination with the following Special Conditions: 1. This Determination allows for the installation of a wooden guardrail along the edge of existing pavement along the access roadway. 2. This Determination allows for TV inspection and repairs to existing sewer line leading from Bullock Hall. 3. Prior to work commencing, a revised plan shall be submitted to the Commission with notations relative to Special Conditions # 1 and # 2 above. 4. Prior to work commencing the Conservation Agent shall be notified to inspect the erosion control (silt fence or filter sock are acceptable). Reilly seconds the motion. The motion carries 7-0. Recess for Public Hearin2s Johnson moves to recess for public hearings at this time. Squibb seconds the motion. The motion carries 7-0. Notice of Intent Cont: 3 Greenwood Avenue - Complete Septic Svstem and Plantin2s - Nikita Paras Maxner states the applicant has requested that the matter be continued to the next meeting of the Conservation Commission on September 21,2010. There being no further questions or comments regarding this matter, Paluzzi moves to continue. Cademartori seconds the motion. The motion carries 7-0. Cont: 4 Gavin Circle - Jon & Joan Perrv Maxner notes that the applicant is not present this evening and suggests that the matter be continued to the September 21, 2010 meeting. Paluzzi moves to continue the public hearing. Johnson seconds the motion. The motion carries 7-0. 63 Paine Avenue - Prides Beach - Cut Trees. Trim Bushes - Prides Beach Association Dr. Johnson recused himself from discussion of this matter and left the room. Maxner reads the legal notice. Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 50f8 Mary Rimmer is present for the applicant. She addresses the Commission and explains that the applicant is proposing to perform vegetation management within the Buffer Zone to BVW and Coastal Bank and beach. She reports the DEP has issued a file # for the project 5-1042. Rimmer explains that they are proposing to remove locust trees along the area of the bathhouse as well as remove and replant coastal shrubs. She also explains that the emergency access way is overgrown and they are proposing to remove six Norway Maples and other trees species. Rimmer shows the Commission photos of the area. Lang notes that the Locust Tree appears to be maintained. Rimmer explains that the Linden Trees on the site are maintained but the Locust Trees have never been maintained. Rimmer explains that the site is within the 100-foot buffer zone and is within 20 feet of the Coastal Beach. Lang asks how many trees they are proposing to remove. Rimmer states that they are proposing to remove 20 trees and shrubs along the bank near the bathhouse. Paluzzi suggests that the Commission visit the site. Maxner agrees and questions the health of the trees, noting that they appear to be healthy. She questions why they are proposing to cut them down. Lang opens the hearing up for public comment at this time. Mr. Warfield of30 Paine Avenue addresses the Commission and asked to have the plans explained to the abutters. Carol Warfield of30 Paine Avenue addresses the Commission and expresses her concern about cutting down the Locust trees noting that they provide a fair amount of screening pf the beach house and the parking lot from her property. She also notes that she is concerned about noise. Warfield also notes that she questions the so-called emergency access noting that it is rarely used for that purpose. Mr. Warfield states that the only vehicles he sees using that path are ATV's Richard Thorndike of 71 Paine Avenue addresses the Commission and expresses his concern about the view rights and states that there is an agreement with the city regarding that. He explains that nothing over 14 feet is allowed and his concern is about he proposed plantings with grow higher than that. Lang states that he is not sure that the Commission can enforce view rights. Resident of27 Paine Avenue addresses the Commission and notes that some of the trees are too tall but he would be more in favor of taking out stuff that gets hacked. Maxner reads a letter from abutters Kevin Hannaway of28 Paine Avenue and John Serafini of 26 Paine Avenue expressing their support for the project. Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 60f8 Lang addressed those present and suggests that the applicant and the neighbors get together and see if they can work something out that they can all agree on. Lang suggests that the Commission schedule a site visit. The Commission will visit the site on September 8,2010 at 6:00 p.m. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 21,2010, pending a site visit on September 8,2010 at 6:00 p.m. Squibb seconds the motion. The motion carries 6-0. OLD/NEW BUSINESS Johnson returns to the meeting at this time. Cont: 114 Hart Street - DEP File #5-1030 - ReQuest to Install Fencin2 - Jeff Lawler Maxner states the applicant has requested that the matter be continued to the September 21, 2010 meeting. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 7-0. New: 1 Bathin2 Beach Lane - DEP File #5-1020 - ReQuest to Prune Branches and Construct Retainin2 Wall - Donald Morse Morse is present at the meeting. Morse addresses the Commission and explains that there are three trees in front of his house that he is proposing to vista prune so he can see through the base of the trees, the Bass River. Lang asks if they have had an arborist look at the trees. Morse explains that he has not had an arborist look at the trees but he is only planning to take a branch or two and is not planning any major pruning or clear cutting. Maxner reviews photos she took at the site. She notes that there is bittersweet on the site that should be removed. She also notes that the trees are less than 50 feet from the resource and therefore do not qualify for the exemption under minor activities in the Buffer or Riverfront. Maxner also notes that they are proposing to construct a retaining wall that would be advantageous to the site from a drainage perspective. Members review the photos and discuss the retaining wall with Mr. Morse. There being no further questions or comments regarding this matter, Paluzzi moves to allow the vista pruning at 1 Bathing Beach Lane and to allow the construction of the proposed retaining wall, and that the applicant shall keep Maxner informed on the progress of the vista pruning. Glidden seconds the motion. The motion carries 7-0. Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 70f8 New: Essex Countv Greenbelt Association - Trail Maintenance at Beverlv Commons Kate Walton of Essex County Greenbelt Association addresses the Commission and explains that they are proposing to replace and expand a "bridge" crossing over a wet area on a trail out at Beverly Commons. She notes that the work is similar to work that they did last year. She shows the Commission photos of the area and explains the work that was done. She notes that they are proposing to use the same material to replace what is there. Lang asks when they plan to do the work. Dan Streeter ofNSNEMBA (a mountain biking organization) states that the work is planned for September 13, 2010. Cademartori suggests that they get in touch with the Department of Public Services and make sure that they are in agreement with the proposed access to the site. Maxner agrees and suggests that she will contact them. There being no further questions or comments regarding this matter, Paluzzi moves to approve the trail maintenance at Beverly Commons. Reilly seconds the motion. The motion carries 7-0. Members thank Walton and Streeter for their time and efforts in keeping Beverly Commons open and the trails usable and in good condition. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on May 4,2010 are presented for approval. Johnson moves to approve the minutes. Paluzzi seconds the motion. The motion carries 6-0-1 with Reilly abstaining. The minutes of the Beverly Conservation Commission meeting held on May 25,2010 are presented for approval. Paluzzi moves to approve the minutes as amended. Johnson seconds the motion. The motion carries 7-0. The minutes of the Beverly Conservation Commission meeting held on June 15,2010 are presented for approval. Paluzzi moves to approve the minutes as amended. Johnson seconds the motion. The motion carries 6-0-1 with Reilly abstaining. Approval of Expenses Milea2e Reimbursement - Amv Maxner The Commission reviews reimbursement for Maxner for mileage incurred for business regarding the Commission in the amount of $82.46. Lang asks why the rate is still only at .20 cents per mile. Maxner states that she was under the impression that the Finance Director was going to submit a universal increase to the City Council, but he has yet to do that. Reilly suggests that the rate be increased to at least .40 cents especially considering that the Federal rate is even higher than that. Members agree. Beverly Conservation Commission August 31, 2010 Meeting Minutes Page 80f8 Paluzzi moves to reimburse Maxner .40 per mile. Johnson seconds the motion. The motion carries 7-0. Orders of Conditions There are no Orders of Conditions issued this evening. Other Business Maxner updates the Commission on the status of the work on the Wadsworth/Swans burg seawall. She reports that she talked with Dave Smith of Vine Associates and he reports that Mr. Swansburg is willing to allow the work to be done by his contractor. She explains that Mr. Swansburg wants a letter from the Commission or the city stating that he does not have to file any application. Members review the conditions of the Determination of Applicability it issued recently and agree that no additional applications are needed on Swansburg's part as long as the work conforms to the conditions and the approved plan. There being no further questions or comments regarding this matter, Johnson moves to that the proposed work at Mr. Wadsworth's property requires no further permitting. Paluzzi seconds the motion. The motion carries 7-0. 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 7-0. The meeting adjourns at 8:45 p.m.