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2010-09-21CITY OF BEVERLY PUBLIC MEETING MINUTES Date: September 21, 2010 Board: Conservation Commission Members Present Chair David Lang, Tony Paluzzi, Gregg Cademartori Dr. Mayo Johnson, Kate Glidden, Members Absent: Bill Squibb and Mary Reilly Others Present: 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 recommends that the Commission continue the matter to the October 19, 2010 meeting. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 5 -0. New: 12 Middlebury Lane, DEP File #5 -1002 — Victor Gangi Mr. Gangi is present. Maxner explains that the Order governed repaving existing driveway, reconstructing existing walkway, removing and reconstructing and extending existing stone retaining wall, side yard grading, removal of play shed and supports, tree removal and installation of buffer zone and wetland enhancement plantings, removal of accumulated silt and restore protective rip -rap apron at storm drain outlet. Work took place immediately adjacent to resource area and within 100 -Foot Buffer Zone to Bordering Vegetated Wetland. Maxner noted that the silt fence was installed per survey and it appears that the retaining wall has been constructed per the approved plan, and no impact to the wetland was observed beyond the silt fence. Maxner reports that the rip -rap outlet is stable and seems to be doing a good job in slowing down stormwater discharge and she saw no obvious erosion beyond the stones. Maxner explains that the applicant has requested a waiver from submitting as built plans and she feels that this is a reasonable request. Gangi addresses the Commission and explains that his plans had called for the removal of a Linden tree and the Commission requested that he leave the tree. He reported that over the summer he Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 2 of 8 noticed that the tree was marked with ants and insect holes and he was concerned that the tree would fall down. He explains that he contacted Dodge Tree Service and they inspected the tree and it is their recommendation that the tree is rotten and should be removed. He also noted that they determined that the tree is a Poplar and not a Linden. Maxner agrees that there are obvious holes in the tree that will eventually cause a weak spot in the tree. Gangi states that he would prefer not to replace the tree, noting that there are four other trees in the area and shows the Commission a photo of the area and notes the location of the existing trees. Paluzzi questions if they will grind the stump. Maxner states that she would recommend that they grind the stump to grade. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 12 Middlebury Lane and allow the removal of the Poplar tree. Glidden seconds the motion. The motion carries 5 -0. New: 175 West Street, DEP File #5 -915 — Gerhard & Helga Schulmeyer Maxner explains that the Order governed house renovations, construction of an addition and detached garage, reconfigure driveway, relocate pool, install stone steps within seawall, join two isolated vegetated wetland areas and replant with native wetland plants, and general site landscaping within 200 -Foot Riverfront Area, Coastal Bank, 100 -Foot Buffer Zone and bordering vegetated wetland. She noted that she conducted a final site inspection and took photos of the site for the Commission's review. Maxner also noted that John Dick sent a letter that indicated that the two IVW's (which are too small is size to be jurisdictional) were not merged for reasons described and the applicant planted a very large area of native shrubs, trees and bushes in the front lawn of the property. Maxner notes that she thinks that this ended up in a better result with a much larger and more diverse restoration of the Riverfront and Buffer Zone. Maxner also reported that the site is stable and she did not observe any outstanding issues that would impede the issuance of a Certificate of Compliance. John Dick arrives at the meeting and addresses the Commission to explain his participation in the project and he advised the applicant to do the additional plantings in the front yard. He explained that the discovery of trap rock between the IVW's proved to be difficult on the site and the owner wanted to retain the use of the driveway. Johnson asks what trap rock is. Dick explains that it is 6 -12 inch broken stone that was used as fill in the 1960's and is miserable stuff to remove. Dick also noted that the owner ended up with a little less house and a smaller patio. He explains that construction of the patio and the material used to build it. Lang questions if the applicant indicated that he was making changes and attempt to contact the Commission to notify them of the changes. Maxner states that she was in contact with the former architect at the beginning of the project but then the architect was let go from the project. Lang Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 3 of 8 notes that the project was not completed according to the approved plans, and although adding additional trees is not a bad thing, the Commission should have been consulted. Paluzzi asks if they are looking for a waiver from as built plans. Dick states that the as built plans have been submitted to the Commission. Lang recalls that the driveway previously flooded and asked if the work done corrected that. Dick explains that they installed a geotextile device but the area still floods and has better infiltration. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 175 West Street. Johnson seconds the motion. The motion carries 4- 1 with Lang opposed. Requests for Determination of Applicability REQUEST FOR DETERMINATION OF APPLICABILITY New: 21 Linden Avenue — G. Matthew O'Connor Maxner reads the legal notice. Mr. O'Connor addresses the Commission and explains that he is proposing to install a set of stone stairs and paver walkway within a sloped lawn area leading from the driveway and front door of the house. He notes that the area once had a series of stepping- stones but is now totally overgrown with grass. O'Connor explains that the work will take place within 200 -Foot Riverfront Area and 100 -Foot Buffer Zone to Coastal Bank. Maxner notes that the bottom of the stairs is estimated to be 73+ feet from the top of the Bank and at least that, if not more, from the Mean High Water mark. Lang asks Maxner if she has been out to the site. Maxner reports that she has been to the site and shows the Commission photos. She notes that she measured the edge of the driveway pavement to the closest resource area and it is within the Riverfront Area. She explains that they are essentially making a connection from the driveway to the front door where none exists. Lang states that the project is straightforward. Maxner agrees and questions what type of equipment they will be using to do the work. O'Connor explains that they will be using a small Bobcat and excavate 6 inches of soil which will be hauled offsite. He notes that he expects that the work will take one to two days to complete. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 2 Determination for 21 Linden Avenue. Cademartori seconds the motion. The motion carries 5 -0. Recess for Public Hearings Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 4 of 8 Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 5 -0. Notice of Intent Cont: 3 Greenwood Avenue — Complete Septic System and Plantings — Nikita Paras Maxner explains that the applicant has requested a continuance to the October 19, 2010 meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 5 -0. Cont: 4 Gavin Circle — Jon & Joan Perry Maxner notes that the applicant is not present this evening and she has not heard from them. She suggests that the matter be continued to the October 19, 2010 meeting and she will contact them to see what their intention is regarding the application. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 5 -0. Cont: 63 Paine Avenue — Prides Beach — Cut Trees, Trim Bushes — Prides Beach Association Dr. Johnson recused himself from discussion of this matter and left the meeting at this time. Maxner explains that the applicant has requested that the hearing be continued to October 19, 2010 Conservation Commission meeting. Paluzzi moves to continue. Glidden seconds the motion. The motion carries 5 -0. Johnson returns to the meeting at this time. New: MBTA R -O -W, east of West Beach, Hale Street — City of Beverly Maxner reads the legal notice. Mike Collins, Director of Public Services is present with Andrew Denehy and Philip Paradis from BETA Group. Collins addresses the Commission and explains that this project is another component of the Chubbs Brook drainage project. He notes that this is the second to the last phase. He explains that the culvert is the smallest at 4X4 and is in good shape but a hydraulic analysis shows that it should be twice the size it is to accommodate 100 year storms. He notes that there is significant constriction in the culvert during large storms. Collins turns the meeting over to Denehy to explain the project. Beverly Conservation Commission September 21, 2010 Meeting Minutes Page S of 8 Denehy explains that the City is the applicant but the MBTA will be doing all of the work as they are specialized. MBTA will be doing the project on three consecutive weekends. He notes that the first weekend they will cut the tracks and bolt them back and the second weekend the will install the culvert and the third weekend they will replace the tracks. He explains that they do this on weekends and suspend train service from Beverly Farms and bus passengers to the next train station, do the work on the weekend and resume service on Monday. Lang asks if the plan calls for the use of floating silt barriers or booms. Denehy explains that they have not received complete directions from MBTA but he anticipates the use of floating siltation barriers. Lang notes that the Commission should anticipate that they may want to dam the brook for the work. Collins notes that if that is the case they would come back for a modification with more detailed plans for dewatering. Cademartori asks if they are trying to match the current bottom elevation of the existing culvert. Collins explains the area and what happens now when there is a large storm event. Collins notes that they will be putting gravel under the structure. He explains the construction of the culvert and estimates that the impact will be 10 feet on each side. Paluzzi asks what they are planning to do with excess material. Paradis states that they will haul it away. Lang opens the hearing up for public comment at this time. Preston Bradford of 171 West Street addresses the Commission and questions when they expect to do this work. Collins reports that they want to do the work in early November. Bradford expresses concern about damage from equipment to the newly installed utility conduits in the road. Collins explains that the MBTA has very specialized equipment and he expects no damage to result from this project, as they will operate entirely from the tracks. Bradford suggests that they consider retaining the granite blocks for use on the upstream side for erosion control. Collins states that they do not expect the kind of scouring that will result in erosion but it should be only in the very initial phase and minimal at that. Resident of 933 Hale Street addresses the Commission and expresses his concern about the existing flooding on his neighbors' property. He states that he is concerned that the neighbors will have more flooding and suggests that they put a pipe out to the ocean. He requests that they have engineers check out the shoreline regarding this flooding. He notes that when the area floods it takes a whole day for the water to go down. George Harrington of 147 West Street addresses the Commission and expresses his support for the project. He notes that he is also concerned about incoming high tides. He requests that consideration be given to tidal flow and install tidal gates downstream. Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 6 of 8 Lang asks the Commission if they wish to visit the site. Maxner states that she would recommend that the Commission continue the matter as DEP has issued a file number for the project but they have not commented yet and the Commission has no details as to dewatering and erosion controls. Lang states that he would like more information on the construction- sequencing plan. Cademartori requests that they submit velocity calculations for review. Denehy agrees to prepare that information in time for the October 19 meeting. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to October 19, 2010. Cademartori seconds the motion. The motion carries 5 -0. New: Beverly Harbor /Salem Sound Off of West Beach — Division of Marine Fisheries Maxner reads the legal notice. Tay Evans and Paul Sokalov from DMF are present. Evans addresses the Commission and explains that the DMF is proposing to perform eelgrass harvesting off the shore of West Beach and transplanting in Salem Sound to restore habitat lost during installation of the Algonquin HubLine natural gas pipeline project. Evans explains that they will harvest about 10,000 shoots from West Beach over a two -acre area and transplant them into a half -acre site in Salem Sound. Maxner asks how big the eel bed is and what the impact will be as the result of the work. Evans explains that the eelgrass is generally patchy along the shoreline and notes the surveys that were done in 2002, 2005 and 2007. Maxner questions if the shifting of the sediment from the plowing have anything to do with the demise of the eelgrass. Evans explains that the bottom is sandy and the plowing did not affect it. She notes that eelgrass on the North Shore is generally patchy in a regional sense. Sokalov addresses the Commission and explains the process of replanting the eelgrass. Maxner notes that they are planning to replant in other areas of Salem Sound and questions if Beverly will always be the donor. Evans explains that it makes sense in this case to transplant from Beverly but they will consider other donor sites if other restoration projects are proposed. Lang notes that high levels of chromium were detected from the old effluent sewerage treatment plant and asks if this is the area where the eelgrass is not growing well. Evan notes that it could be a hot spot but she is not certain. Maxner asks what Phase II of the project is. Evans explains that this is Phase I and they are looking for additional sites to accomplish two acres of restoration but not all of it will be in Beverly. Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 7 of 8 Cademartori asks if the Commission ever received a copy of the 401 Water Quality Certification. Maxner states that it was received. Lang notes that the Commission got a copy of it but they were never told of the need for restoration. Lang asks what the timeframe is for the work to be done. Evans states that they want to do the work in early November. Johnson asks if there is a dormant season for eelgrass. Evans states that it is hard to say as if grows all year. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Cademartori seconds the motion. The motion carries 5 -0. OLD/NEW BUSINESS Cont: 114 Hart Street — DEP File #5 -1030 — Request to Install Fencing — Jeff Lawler Maxner notes that at the last meeting, Lawler requested to install a wire fence at the rear of his property along the edge of the stream and the Commission continued the matter so that Lawler could research other alternatives that were more wildlife friendly. Lawler addresses the Commission and explains that he has found a lattice fence that is cedar and is four feet high with four -inch lattice holes in it. Maxner questions if there is a gap at the bottom to allow wildlife to get through. Lawler states that he could raise it a little to accommodate the Commission, noting that his intent is to keep his dogs in the yard. Discussion ensues as to the impact of the proposed fence and waivers from the NDZ. Members agree that this issue of fencing has been and will continue to be an issue, and the proposed fence seems to answer the impact issues relative to wildlife. Lang notes that the bottom member of the fence needs to be at least a few inches from the ground to allow for floodwater flows. Lawler agrees to raise the lower boards of the fence. Paluzzi moves to approve the installation of a four -foot cedar lattice fence at the rear of the 114 Hart Street. Glidden seconds the motion. The motion carries 5 -0. New: 640R Hale Street, Now 7 Linehan Lane — Enforcement Order Follow Up — Jeff Lawler Maxner reports that she visited the site and took photos in late June. She notes that the plantings of shrubs and trees were counted at quantity of 50. She explains that today there is 100% cover with the wetland seed mix. She also notes that a large Beech Tree was left. Maxner also notes that the restoration plantings look good, and the NDZ post are in but the required plaques need to be installed. Lawler states that he will get them and install them. Beverly Conservation Commission September 21, 2010 Meeting Minutes Page 8 of 8 There being no further questions or comments regarding this matter, Cademartori moves to lift the enforcement order upon the condition that the plaques be installed. Paluzzi seconds the motion. The motion carries 5 -0. Request for Tree Removal at 7 Meeting Place Circle Maxner reports that the Commission has received a request to remove a failing tree at 7 Meeting Place Circle. She explains that the tree is outside of the subdivision no -cut zone but it is in the 100 - foot buffer zone. She provides photos for the Commission's review and notes that the tree is completely dead. Paluzzi moves to allow the removal of a failing tree at 7 Meeting Place Circle upon the condition that the stump remain and only be ground down to grade. Johnson seconds the motion. The motion carries 5 -0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on July 27, 2010 are presented for approval. Johnson moves to approve the minutes as written. Glidden seconds the motion. The motion carries 3 -0 -2 with Cademartori and Paluzzi abstaining. Orders of Conditions Eelgrass Replanting Beverly Harbor /Salem Sound Off of West Beach — Division of Marine Fisheries Discussion ensues regarding potential conditions for the project. Johnson moves to issue Standard Conditions and the following Special Condition: 1. The Beverly Conservation Commission shall receive copies of the restoration monitoring reports upon availability. There being no further questions or comments regarding this matter, Johnson moves to approve the Order of Conditions as discussed. Paluzzi seconds the motion. The motion carries 5 -0. Adiournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 5 -0. The meeting adjourns at 9:00 P.M.