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2011-04-26CITY OF BEVERLY PUBLIC MEETING MINUTES Date: April 26, 2011 Board: Conservation Commission Members Present Chair David Lang, Vice Chair, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Bill Squibb, Mary Reilly Members Absent: Gregg Cademartori 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. Certificate of Compliance 16 Bayview Avenue — DEP File #1006 - Construct Beach Access Stairway Install Shrubs and Grass on Coastal Bank — Elmtop Realty Trust — c/o Robert and Michael Hubbard Maxner notes that the Commission will recall withholding the Certificate in favor of requiring better bank stabilization on this part of the project as her field inspection found bare, eroding and vulnerable soils on this side of the bank. Maxner states that Bob Griffin has conveyed this information to the owner, and the Hubbards, and will report to her when stabilization work is completed. Maxner recommends that the Commission continue the matter to the May 17, 2011 Conservation Commission meeting. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 6 -0. Old Ferry Way Landing — Cabot Street- DEP #1041 — Dredge Section of Float Embayment — City of Beverly — Michael Collins Commissioner of Public Services and Engineering Maxner explains the dredge material is still on site awaiting approval for disposal from the landfill. She recommends that the Commission continue the matter to the next meeting on May 17, 2011. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6 -0. New: 8 Elmtop Lane a.k.a. 23 Ober Street, DEP File # 5 -1003 — William McDonough & Susan Egan Beverly Conservation Commission April 26, 2011MeetingMinutes Page 2 of 11 Maxner explains that the Order governed the installation of an enclosed lap pool, spa and associated patio, a portion of which fell within the 25' NDZ to Coastal Bank. She notes that the applicant made changes to the design, which moved the pool and patio farther away from the Coastal Bank and out of the 25' NDZ. She also noted that they requested, and the Commission granted, that Special Condition #2 be eliminated which required an additional 100 square feet of enhancement plantings within lawn area immediate adjacent to the 25' NDZ as mitigation for the encroachment of the patio into the NDZ. Maxner further notes that they are also asking for a waiver from the as -built plan. Maxner reports that she visited the site and the site is stable. She notes that the edge of the pool patio is 45 feet from the coastal bank at the closest point. She also reports that the original NOI plantings are done. Maxner reports that she saw evidence of tree pruning that was not part of the project. She explains that there were a couple of trees that were close to the house. Lang asks what kind of trees they are. Maxner states that she is not sure, but notes that they are small in caliper. Reilly suggests that the Commission notify the owners that in the future any pruning or trimming must be approved by the Conservation Commission prior to any work being done. Reilly suggests that it would be good for the Commission to have as -built plans for this project since the applicant revised the plans during the construction. Lang states that it is important that the Commission has a record of what is on the ground especially considering the Commission approved a sketch plan from the applicant. Members agree. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance conditioned upon the submission of as -built plans for the project. Johnson seconds the motion. The motion carries 6 -0. Recess for Public Hearings Johnson moves to recess for public hearings at this time. Paluzzi seconds the motion. The motion carries 6 -0. Notice of Intent Cont: 4 Gavin Circle — Jon & Joan Perry Maxner informs the Commission that the applicant has requested that the matter be continued to the May 17, 2011 Conservation Commission meeting. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6 -0. Beverly Conservation Commission April 26, 2011MeetingMinutes Page 3 of 11 Cont: 44- 46 River Street — National Grid/Boston Gas/Mass. Electric Maxner explains that New England Environmental has conducted a site inspection and submitted their report. She explains that National Grid requests a continuance of this matter to the May 17, 2011 Conservation Commission meeting as they need additional time to review and respond to the report. Johnson moves to continue, seconded by Paluzzi. The motion carries 6 -0. Cont: 188 Elliot Street — Replace and Repair Drain Pipes — Christ the Redeemer Anglican Church — c/o William Harper Bill Manuell is present for the applicant. Manuell explains that the project involves drainage upgrades by way of installing a drainage swale within BVW and Buffer Zone. He notes that a joint site inspection was held with the Danvers Conservation Commission a few weeks ago and revised plans have been submitted as a result of concerns raised by both Commissions. Manuell reviews the changes to the plans with the Commission. He notes that there is a drainpipe at the end of the parking lot that flows to a catch basin in Beverly and there is another manhole on the Danvers side of the parking lot. He reviews the drainage on the site noting that the Danvers Con Com wants to capture the bulk of the water and direct it to the invert at the manhole and send it to the parking lot drainage sytem. Manuell reports that a bituminous berm along the edge of the property has been added to the plan at the request of the Danvers Con Com. Manuell notes that the Danvers Con Com approved the plans last night. He also explains that they required "no disturb markers" be posted on the site at the edge of wetland. Maxner asks Manuell to review the flow of the water on the site. Manuell explains the flow and notes the high point at the town line. He notes that the main flow from Beverly will be diverted to a 12 -inch pipe and the remainder will be to an 8 -inch pipe. Maxner asks if they are still planning to remove the pile of dirt on the site. Manuell states that they are planning to remove the piles of dirt on the site as described in the narrative and loam and seed with wetland seedmix. Chris Putnam of 21 Hillcrest Road addresses the Commission and expresses his concern about the use of sand in the parking lot. Maxner asks if the Danvers Commission required sweeping of the parking lot as well as inspection of the catch basins. Manuell agreed noting that the lot has already been swept and clearing of this year's winter debris. Beverly Conservation Commission April 26, 201 ]Meeting Minutes Page 4 of 11 There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 6 -0. New: 400 Hale Street, DEP File # 5 -1052 — Proposed Sidewalk — Endicott College Maxner reads legal notice. Joe Orzel and Charlie Wear are present for the applicant. Dr. Richard Wylie is present as applicant for the College. Orzel addresses the Commission and explains that the project involves constructing a new sidewalk along "College Way" for pedestrian access and safety within the Buffer Zone to Inland Bank to a concrete bordered pond. Orzel explains the plans and notes that an existing retaining wall will be removed to make room for the sidewalk and a new wall will be built between the pond and the sidewalk. He also explains that a portion of the sidewalk and wall will be within the 25 -Foot No Disturbance Zone. Orzel states that erosion control will be installed between the work and the pond. He notes that the distance between the erosion control and the new wall will be 15 feet. He also explains that the storm water management will utilize the existing drainage and exit to the roadway and into a catch basin to the pond. Lang suggests that the Commission do a site inspection. Squibb asks how the new retaining wall will be constructed. Orzel explains that it will be built of concrete block. Dr. Wylie explains that it will be a concrete footing with a stonewall, as it is throughout the campus. Squibb asks if the top of the existing stairs will be blocked off. Orzel states that it will be. Lang asks if the opposite side of College Way was considered for locating the sidewalk. Wylie states that this area was looked at but the existing amount of ledge and subsurface utilities would make this route extremely difficult to work with. Reilly asks if there is any mitigation planned for the disturbance of the 25 -Foot NDZ. Orzel states that they have not planned any at this time but they are willing to consider it. Reilly asks what they plan to do for snow removal on the sidewalk. Orzel states that the sidewalk will be shoveled or they will use a snow blower. Maxner notes that there is an open Order of Conditions, DEP File #5 -956 for repair of existing sewer pipe; minor re- grading of sections of existing sidewalks; replacement of existing bituminous and gravel walkways with pervious paver walkways and construction of new walkways with same; repair sections of concrete bank of pond and associated outlet structure and Beverly Conservation Commission April 26, 2011MeetingMinutes Page S of 11 install flow control structure at inlet and dredging of accumulated sediment and organic material at pond outlet. Lang asks if they are done with that project and suggests that if they are the Commission could take a look at that on the site visit as well. Charles Wear addresses the Commission and states that he has been reviewing everything that is open for the site and he is methodically trying to close them out. He notes that Dennis Monaco is away until May 3, 2011 and he will be meeting with him when he gets back on the projects that are open. The Commission discusses possible dates for a site inspection. The Commission will visit the site on May 10, 2011. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project at this time. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to May 17, 2011, pending a site visit on May 10, 2011. Johnson seconds the motion. The motion carries 6 -0. New: 400 Hale Street, DEP File #5 -1053 — Pond Bank Restoration — Endicott College Maxner reads legal notice. Joe Orzel and Charlie Wear are present for the applicant Dr. Richard Wylie is present as applicant for the College. Orzel addresses the Commission and explains that the project involves replacement and upgrades to pedestrian walkway, and restoration/stabilization of eroding inland bank to college pond within Buffer Zone, Bordering Vegetated Wetland, Inland Bank and Land Under Water Body. Orzel shows the Commission photos of the eroded areas and notes that the completion of the previous work last year is complete and came out nicely. He notes that the bank is stable and the plantings are done. He reviews the site and notes that the vegetation installed is much more naturalized on that side of the pond. He explains that they are proposing to replace the existing paved walkway, which is in poor condition and they will be removing the existing asphalt and replace it with brick pavers in the same location. Orzel identifies the resource areas on the site noting the top of the bank, the edge of the BVW. He notes that they are also proposing some invasive species management on the site and explains the invasive species identified on site. Orzel explains that erosion control will be installed noting that a filter sock is proposed along the edge and a silt curtain will be in the water. Beverly Conservation Commission April 26, 2011MeetingMinutes Page 6 of 11 Wear explains that the stormwater management plan utilizes the existing drainage patterns and explains the path of the drainage. Paluzzi questions if the two birch trees on the plan will remain. Orzel states that they will remain. Lang questions if the new walkway will be the same width. Orzel explains that part of the existing walkway is in the 25 foot NDZ and they will be replacing it in the same location. Lang states that he would like to see some mitigation for the use of the No Disturb Zone for the walkway. Reilly states that she would like to see a more specific planting plan. Maxner requests that the areas be marked out for the site inspection and agrees that the planting plan needs to be more complete. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. The Commission scheduled a site inspection for May 10, 2011. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to May 17, 2011, pending a site inspection on May 10, 2011. Johnson seconds the motion. The motion carries 6 -0. New: 102 Cherry Hill Drive, DEP File # 5 -1054 — The Flately Company Maxner reads legal notice. Richard Cane of Flatley Company, Charlie Wear from Meridian Associates, Jack Kelleher and Mike DeRosa are present for the applicant Cane addresses the Commission and explains that he was before the Commission a few weeks ago to discuss the wetlands on site and get a read on whether the Commission would be inclined to allow substantial filling and replication of these pioneer, low value wetlands to accommodate development plans. He notes that the Commission conducted a site inspection and asked for a revised wetland delineation showing only the more valuable wetland resources on site. Cane notes that there is considerable damage on the site from off road bikes and ATV's that are being used illegally on the site. Cane explains that they are proposing to re -grade the site and create positive drainage on the site and re -loam and seed it to prepare it for marketing. He explains that Flatley would purchase the Beverly Conservation Commission April 26, 2011MeetingMinutes Page 7 of 11 6 -acre City parcel at 10 Sam Fonzo Drive from Kelleher and they would create a 6,120 square feet wetland replication on the site and place a permanent restrictive covenant on this property. He notes that they will re -grade and restore the eroded slope on the City side of the site and loam and seed that as well. Cane also explains that they will install no trespassing signs on the Cherry Hill property. Cane explains that they are proposing the use of boulders and timber logs, and eliminate the under brush to stop vehicles from trespassing on the site. Reilly asks when the Commission would be able to look at the Conservation Restriction that is proposed. Cane states that they would provide it as soon as they get an agreement for the general proposal. He notes that they have to own the property before they can put a conservation restriction on it. Mr. Kelleher notes that he has been working with City Solicitor Roy Gelineau on that. Lang suggests that they talk more with the City Solicitor on the matter. Lang requests that the replication area be marked out for a site visit by the Commission. Maxner questions the ground water levels in the replication area. DeRosa states that it is at elevation 56 but they have not done soil testing to verify that depth. He explains the elevations and notes that he will be onsite when the excavation is done to make sure that groundwater levels are reached before final grading is done. Maxner points out that gaining an approved conservation restriction takes some time, roughly six months to a year, and she wants to make sure that the Commission maintains leverage over this project by receiving the CR prior to work commencing. Discussion ensues regarding the options for protecting the parcel. Cane states that they will explore this further with the Mayor and City Solicitor. Reilly questions the filling of the isolated vegetated wetland and asks when that work would be done. Cane states that it would be done in the fall or next spring. Lang opens the hearing up for public comment at this time. Rene Mary, 274 Hale Street, addresses the Commission and expresses her concern about flooding issues in the area. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to May 17, 2011, pending a site inspection on May 10, 2011. Johnson seconds the motion. The motion carries 6 -0. OLD/NEW BUSINESS 8 Robin Road — Joan & Martin Sullivan Beverly Conservation Commission April 26, 2011MeetingMinutes Page 8 of 11 Maxner explains to the Commission that Thursday April 7, 2011 she received an anonymous voice mail message reporting work being conducted at 8 Robin Road. She explains that she called the Building Department to inquire if any building permits were issued recently to this address. She reports that she was told that two permits were issued, one for a deck expansion and one for exterior lighting and hot tub install. She further explains that on Friday morning she spoke with Larry Demers in the Building Department who reported to her that she had signed off on this work, and he read her email stating that there were not wetlands jurisdiction on the site. Maxner explains that she then realized that she had looked up the wrong address of 8 Robb Road instead of 8 Robin Road (Robb Road has no wetlands). Maxner explains that on that morning she conducted a site inspection and met with Tom Puetro with Flagg Landscaping Company and talked with him as to work on -going at the moment. She explains that the work involved rebuilding a stone retaining wall along the driveway and upgrading the drain at the base of the driveway at the edge of the garage. She explains that she contacted Tom's supervisor, Mark Flagg and directed immediate installation of erosion control and soil stabilization. She also spoke with Tom on site as to her specifications on hay bales and silt fence and spreading hay on exposed soil conditions and they committed to completing this work that day. Maxner states that she conducted a follow up site visit later that day. Work on erosion control installation was ongoing and about 60% complete and were to her specifications. Maxner reports that she informed the landscaper that she would be contacting the homeowner directly beginning the following week to talk about this situation. Maxner shows the Commission photos and a map of the site (edge of wetland is at about elevation 42, very close to the back of the house), and work involving the deck was within the 25' NDZ. She notes that she asked that Mr. & Mrs. Sullivan attend this meeting so that solutions or corrective actions can be discussed. She also explains that she informed Mrs. Sullivan that they might be required to file an after - the -fact application or be required to provide mitigation plantings and relinquish some lawn. Maxner suggests that the Commission visit the site, noting that the wetland is close to the back of the house. Mr. Sullivan addressed the Commission and notes that he has always been respectful of Chubbs Brook and the wetlands. He shows the Commission aerial photos of the area. He notes that they were cognizant of the deck design and redirected the access and steps away from the wetland. He offers to provide replication for the work that has been done. Maxner suggests that they submit a planting plan to the Commission and naturalize the lawn area on the site. She suggests that the Commission visit the site on May 10, 2011. There being no further questions or comments regarding this matter, Lang thanks the Sullivan's for attending the meeting and notes that the Commission will visit the site on May 10, 2011. New: 16 Bay View Avenue — Thomas Doherty Beverly Conservation Commission April 26, 2011MeetingMinutes Page 9 of 11 Jeff Tucker from Seimasko & Verbridge is present. Maxner explains that the Commission voted to issue this EO at the last meeting for unauthorized removal of 3 large pine trees within the BZ to Coastal Bank. The EO is self - explanatory. Tucker explains that the Doherty's bought the property from the Hubbard's recently. He reports that a large tree fell in front of the house which prompted the Doherty's to remove the three trees in question as they suspected they were shallow rooted. He notes that they are proposing to replace the trees with 3 cluster birch trees (2 in the NDZ and 1 outside of the NDZ). Reilly states that the plan is appropriate and does compensate for the removed trees. She states that she would like to see the planting done soon. Tucker agrees noting that they have already placed an order for the trees and they expect them to be delivered on site within a week. Paluzzi moves to vote to amend the Enforcement Order for 16 Bayview Avenue to include the installation of 3 cluster birches by June 1, 2011. Johnson seconds the motion. The motion carries 6 -0. New: Beverly Commons Trail Improvement Proiect Maxner explains that the Commission received correspondence from Essex County Greenbelt and New England Mountain Biking Assoc. regarding proposed trail projects out at the Beverly Commons. She explains that she did not invite Dan Streeter or Kate Walton to the meeting as she thought we might have a late night and asked if the Commission would like to conduct a site visit. She notes that these two organizations have been such fantastic stewards of this open space area; it might be worth taking a look at their efforts so far and see where the new trail proposals are. She also notes that the Commission can always ask them into the next meeting to discuss these proposals. She further notes that they will also be invited into the Open Space Committee meeting in May. The Commission reviews the map of the proposed locations for the new trails. Lang states that he thinks that they did a nice job so far and has no major concerns with the proposed trail; he wonders if the Open Space Committee will have any input. Maxner explains that the proposed work would be done this summer and fall, and the Open Space Committee at their next meeting will discuss the same proposal. Reilly suggests that if the Open Space Committee does a site walk, perhaps the Commission could join them. Lang agrees and suggests that later in May when it is drier might be a good time to visit the site. Tree Removal Request — 1 Thomas Road Maxner explains that the owner of the property is elderly and has asked to take down three trees in the back yard. She explains that she held a site visit and the three trees in the back yard at the edge of the wetland. She notes that one is a scraggly cherry tree and shows photos of the area, Beverly Conservation Commission April 26, 2011MeetingMinutes Page 10 of 11 noting that there is twisted bittersweet in the there as well. She notes that there is a spindley tree next to the house and small sapling next to the doghouse; she provides photos for the Commission's review. She notes that the owner hopes that the grass will grow better if the trees are removed and he has witnessed the area becoming wetter through the years. Maxner recommended to the owner to cut the bitter sweet and plant a ground cover. Members discuss the proposal. Lang states that the removal of these trees will have no negative impact on the wetland but he doubts that grass will grow and encourages a native creeping ground cover is grass does not establish. Members agree. Paluzzi moves to allow the trees to be removed but encouraging the owner to plant a native ground cover that does not need mowing. Johnson seconds the motion. The motion carries 6 -0. Tree Removal Request — 87 Kernwood Road Maxner explains that there is a tree that is cracked at the base and reviews photos that she took on the site. She explains that the owner is requesting permission to remove two trees that are hanging over the house one of which has a longitudinal crack in it. Paluzzi states that he would like to see them plan a tree or some shrubs of a native species. Reilly agrees. Members instruct Maxner to impart this condition to the owner. Lang suggests that they owners file a formal permit with the Commission if they propose to do any further work on the property. Members agree. Paluzzi moves to allow the trees to be removed but requiring any further work to be filed under a formal application. Johnson seconds the motion. The motion carries 6 -0. MACC Workshop Maxner reports that MACC will be holding an Erosion Control and Sedimentation Control Conference in Danvers on May 5, 2011. She notes that they are looking for locations for future workshops and asks if the Commission is interested in hosting one of them. She suggests an evening workshop that is a half -day would work well. Members agree that an evening workshop might work well. She will check with MACC to see what they would like to do. Order of Conditions 188 Elliot Street Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: The catch basin within the parking lot shall be cleaned and inspected on an annual basis preferably in the spring. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Beverly Conservation Commission April 26, 201 ]Meeting Minutes Page 11 of 11 2. The parking lot shall be swept annually, preferably in the spring. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 3. Snow shall not be stored beyond the newly proposed bituminous concrete berm. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 4. The edge of the wetland shall be posted with signs reading "Do Not Disturb Beyond This Point" or similar language prohibiting work, activity or disturbance to the wetland. Disturbance to the wetland resource area is hereby prohibited, and this condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 5. Standard or Special Conditions issued by the Danvers Conservation Commission which are not addressed by this Order of Conditions are hereby incorporated herein by referenced. Johnson seconds the motion. The motion carries 6 -0. Adjournment 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 6 -0. The meeting adjourns at 9:30 p.m.