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2010-08-10CITY OF BEVERLY PUBLIC MEETING MINUTES Date: August 10, 2010 Board: Conservation Commission Members Present Tony Paluzzi, Kate Glidden, Bill Squibb and Mary Reilly Members Absent: Chair David Lang, Gregg Cademartori, and Dr. Mayo Johnson Others Present: Amy Maxner — Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the 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 Realty, LLC Maxner explains the Commission is still waiting for an amended Conservation Easement from the applicant. She notes that this matter has been on the agenda for a year and a half and the applicant does not seem to be in a hurry to get this resolved. She recommends that the Commission take the matter off the agenda until such time as the applicant is ready to resolve this. Reilly agrees that this has to be a record for being on the agenda this long. Reilly moves to remove the matter of 150 Sam Fonzo Drive, DEP File #5 -844 — Fonzo Realty, LLC from the agenda until such time as the applicant completes the easement. Glidden seconds the motion. The motion carries 4 -0. Cont: 84 West Street, DEP File #5 -820 — Joseph Leone Maxner reports that the applicant has requested that the matter be continued to the August 31, 2010 meeting. Reilly moves to continue the matter to August 31, 2010. Glidden seconds the motion. The motion carries 4 -0. New: 46 L.P. Henderson Road, Beverly Airport, DEP File #5 -1004 — Roma Ventures, II / Alan Battistelli Maxner explains that the Order governed the construction of a new airplane hangar within the 100' BZ to BVW, and a portion of the hangar has been constructed within existing paved taxiway area and within existing grassy area outside the 25' NDZ. She notes that she has conducted a site inspection and the site is stable and stone beds have been installed around 3 sides of the building to help infiltrate roof and pavement runoff She also explains that the Beverly Conservation Commission August 10, 2010 Meeting Minutes Page 2 of 7 Commission issued a special condition for this project that "Long -term storage of oils or any other chemicals within the hangar is prohibited, and this condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance." Maxner recalls that the Commission approved another hanger on the site but that project has yet to come to the Commission for a Certificate of Compliance. She notes that there was an area between the two hangers where pervious pavement was removed and gravel was installed for improved infiltration. Reilly moves to issue a Certificate of Compliance with the Special Condition that long -term storage of oils or any other chemicals within the hangar is prohibited and remain in perpetuity. Glidden seconds the motion. The motion carries 4 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 100 Sohier Road, Beverly High School — City of Beverly c/o Michael Collins Maxner reads legal notice. Michael Collins, Commission of Public Services and Engineering, addresses the Commission and explains that the City needs to shift parking temporarily as construction of the new High School progresses. Collins explains that the next phase of the high school project involves the demolition of the old building wings and there will be a shortage of parking on the site when that happens. He explains that they are proposing to put in temporary parking in the area between the track and the school. He states that they expect to use the temporary parking for two years. Collins explains that this plan is a whole lot less intrusive than the proposed stadium that has already been permitted, noting that the stadium is on hold for financial reasons at this time. Collins explains that they will installing a hood on an existing catch basin as well as install another catch basin on the site, and he needs to work out the details of that with the contractor. He also notes that if funding is available he would like to pave the site to more aptly control runoff He notes that they hope to accommodate 300 students and staff in this lot. Paluzzi asks how they plan to access the site. Collins explains that the lot will be accessed on the Kittredge Street side and they will cut a driveway on that side. Reilly asks what the closest point is to the brook. Collins notes that the plan shown is the ANRAD that was approved in 2007 and estimated that it is about 40 feet. Paluzzi asks if they will be putting a berm around the lot. Collins explains that they are not planning a berm and that the lot will be similar to the lot outside of the A Wing. Paluzzi asks if they will be pitching the lot. Collins states that they will pitch the lot back to drain it. Beverly Conservation Commission August 10, 2010 Meeting Minutes Page 3 of 7 Maxner asks what will happen to the parking that is currently at the tennis courts. Collins explains that in the fall the old building and the tennis court area will be turned over to the contractor and the lot will be dismantled and the area will be returned to grass. He also noted that the area would be used as a staging area for the contractor. Squibb asks when the project will be complete. Collins explains that they expect to use this parking for two years and explains the parking that will be lost and gained on the site noting that there will be a tiered parking area when the project is completed. Maxner asks if they want to get this done before the start of school. Collins notes that they cannot get it done that soon but would like to have it in place before the winter. Maxner asks if excavation is involved in the prep for the site and if so what will be done with the material. Collins explains that they do need to excavate and if the soil is good he would like to store it on site and create a berm so that the material can be used when it is needed later in the project. Reilly asks if there is erosion control on the site. Collins states that there is erosion control at the top of the bank. Maxner notes that it may need to be replaced. Collins agrees and states that it will have to be replaced. Maxner requests that she be notified when the project starts and that she inspect erosion control measures on the site prior to construction. Collins agrees. Paluzzi asks if there is any public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Reilly moves to issue a Negative # 2 Determination with the condition that the erosion control on the site be replaced and inspected by Maxner prior to the start of construction. Glidden seconds the motion. The motion carries 4 -0. Recess for Public Hearings Reilly moves to recess for public hearings at this time. Squibb seconds the motion. The motion carries 4 -0. Notice of Intent New: 3 Greenwood Avenue — Nikita Paras Maxner explains that the applicant has asked for a continuance to the August 31, 2010 meeting as he is still negotiating with the bank and the seller. Squibb moves to continue. Glidden seconds the motion. The motion carries 4 -0. Beverly Conservation Commission August 10, 2010 Meeting Minutes Page 4 of 7 Cont: 4 Gavin Circle — Jon & Joan Perry Maxner explains that the Commission visited the site on Monday July 26 and reviews the observations that the members noted as follows: The area of proposed patio has been dug out a little and the edge of patio would be literally 5 feet from the bank of pond — thoughts about surface of patio were discussed, maybe a crushed stone bed would be best to encourage infiltration with edging to contain the stone and discourage migration of any material; this would need to be installed properly and a cross section would be appropriate. There is a clear erosive channel resulting from roof runoff /drip edge from the sunroom addition, this may need to be addressed. The DEP had comments for the dock stating it needed a l0A permit from the Harbor Master, and Maxner noted that she is not sure if a small pier would need one too. Paluzzi asks the Perry's if they have applied for any permits. Mr. Perry states that they have not. Paluzzi advises that they would have to contact the Harbormaster for a l0A permit and the Building Department for a Building Permit. Reilly expresses concern about how much disturbance in the 25 -Foot NDZ the Commission is willing to allow for this project noting that she does not see any proposed mitigation. She also notes that she does not think that she could vote for this as proposed. She states that she would like to see a plan that is much smaller in scope and disturbance. Mr. Perry states that he just wants to clean up the site and improve it. Mrs. Perry asks the Commission to tell them what the Commission wants done and what is acceptable. Maxner explains that it is not the job of the Commission to design the project for the Perry's. She notes that it would be more efficient for them to consult a qualified professional who could advise them on what is appropriate and perhaps prepare a plan for them. She notes that she has a list of wetland engineers that she has provided to the Perry's in the past. She also notes that the information submitted to the Commission is insufficient. Squibb agrees with Maxner and explains that the Commission cannot tell an applicant what to do, as that would constitute a conflict of interest. He also states that he appreciates what they are trying to accomplish and suggests that they consult a wetland scientist to address the waiver criteria for the 25' NDZ. Maxner advised that they try to shrink the amount of disturbance on the site as much as possible. Reilly suggests that they propose mitigation for encroaching in the 25 foot NDZ. There being no further questions or comments regarding this matter, Reilly moves to continue the matter to the August 31, 2010 meeting. Glidden seconds the motion. The motion carries 4 -0. Beverly Conservation Commission August 10, 2010 Meeting Minutes Page S of 7 New: Old Ferry Landing — City of Beverly c/o Michael Collins Director of Public Services Mike Collins and Christine Player of Vine Associates are present. Maxner reads legal notice. Collins explains that the City is proposing to dredge a small section of the harbor in the location of the new floats and turns the discussion over to Player. Player explains the location of the proposed dredging and the process that they will use. She estimates that they will dredge 300 cubic yards of material to provide a suitable depth at low tide. She also notes that once the dredging is complete the floats will be moved to the site. Player explains that the dredged material will be stored on site and dewatered for removal to a landfill facility. Collins explains that ideally this would be done after the white building is taken down. Player explains that they will be collecting sediment samples and analyze them so that DEP can make a determination as to the suitability for disposal. She states that they expect the material to be of a silky sandy consistency, as it was when the area was dredged in the 1980's and this is a similar footprint. All dredged material will be tested to determine if it is suitable for a landfill. Squibb notes that he was on the site when the bulkhead was anchored in and they hit ledge. Player states that they do not expect to hit ledge at that shallow of a depth. She notes that the majority of dredging is land under ocean and this is considered minor dredging. Maxner asks how much material they will dredge and how long they expect it to take. Player states that they estimate about 300 cubic yards and it could be done in a day but they expect it to take a week to complete the process. Collins explains that they are hoping that the contractor who is doing the construction work at the marina will be doing this work as well. He also notes that the floats will remain in the temporary location and when the dredging is complete they will be moved to the final location. Maxner asks if this is required because of road siltation. Collins explains the history of the situation with Mass Highway and sanding the bridge. He notes that the city took over the maintenance of the bridge four years ago and the problem has been reduced significantly. Maxner asks if they will be using a boom. Player explains that he problem with using a boom is the fluctuation during dredging and it could create more harm than good. Maxner notes that the Army Corp of Engineers could require the use of a boom. Player agreed and states that they would use one if the Army Corp requires. Squibb asks what the time frame is for the project. Player explains that this is the first step in the permitting process noting that they have to get approval from DEP and the Army Corp of Engineers and that should be completed by February 1st Beverly Conservation Commission August 10, 2010 Meeting Minutes Page 6 of 7 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, Reilly moves to close the public hearing. Squibb seconds the motion. The motion carries 4 -0. OLD/NEW BUSINESS Discussion with Jeff Lawler -114 Hart Street, #5 -1030 — Installation of Fence Jeff Lawler is present at the meeting. Lawler addresses the Commission and explains that when he submitted his landscaping plan for approval he neglected to include a fence for the rear of his property. He explains that he has a fence on three sides of his property and he is proposing to put up a 4 -foot black or green chain link fence. He explains that he wants to install the fence to keep his dogs in the yard. Lawler explains that he would install the fence behind the arborvitae but in front of the row of maple trees. Maxner states that in the past the Commission has not approved proposals for chain link fences, and suggests split rail post fences in place of chain link. Lawler states that aesthetics do not matter to him but he needs to keep the dogs in the yard. Maxner explains that the fence should be wildlife friendly. Lawler notes that the neighbor on the other side installed a chain link fence on his property. He also states that he does not know of any animals in the neighborhood that would be stopped from going through a chain link fence. He also notes that there was always a wire fence back there and he removed it to do the work. Discussion ensues regarding other fence possibilities. Maxner notes that she wants the Commission to be consistent with decisions noting that 9 Iverson was denied a chain link fence. Maxner suggests that Lawler look into other types of fences, suggesting that it be convenient for a rabbit to get through. Lawler notes that if a rabbit could get in his dog could get out. Lawler agrees to research other types of fencing for the back of his property that may be acceptable. Maxner notes that the Commission really should find some examples of fencing that is acceptable for conservation purposes and still serve the needs of the people for their property. There being no further questions or comments regarding this matter, Reilly moves to continue the matter to August 31, 2010. Squibb seconds the motion. The motion carries 4 -0. New: Glen Urquhart School — Tree Removal Request Beverly Conservation Commission August 10, 2010 Meeting Minutes Page 7 of 7 Maxner reviews the tree report from Abacore Tree Service regarding trees on the Glen Urquhart property. She explains that they are located next to the greenhouse and another is along the edge of the gravel drive leading to the day care center. She recommends approval of the request to remove the trees and that they be cut flush to the ground and that no grinding take place. Reilly moves to allow the removal of two trees on the Glen Urquhart property as described, and that they be cut flush to grade and that no grinding take place. Glidden seconds the motion. The motion carries 4 -0. Approval of Minutes There was no quorum of members present for approval of the minutes. Orders of Conditions Ferry Way Landing Discussion ensues regarding potential conditions. Reilly moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Upon availability, a copy of the 401 Water Quality Permit shall be forwarded to the Commission for its record. 2. Upon availability, a copy of the sediment sample test results shall be forwarded to the Commission for its record. 3. A siltation boom shall be installed at the Conservation Agent's discretion should the Agent deem it necessary. Glidden seconds the motion. The motion carries 4 -0. Adjournment There being no further business to come before the Commission this evening, Squibb moves to adjourn the meeting. Reilly seconds the motion. The motion carries 4 -0. The meeting adjourns at 9:30 p.m.