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2011-04-05Beverly Conservation Commission April 5, 2011 Meeting Minutes Page I of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: April 5, 2011 Board: Conservation Commission Members Present Chair David Lang, Vice Chair, Tony Paluzzi, Gregg Cademartori, Dr. Mayo Johnson, Kate Glidden, Members Absent: Bill Squibb, 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. Certificate of Compliance Cont: 85 Herrick Street, DEP File #5 -1009 — Beverly Hospital Helipad Maxner informs the Commission that the Order of Conditions was issued for the reconstruction of the helipad at Beverly Hospital. She explains that she visited the site and found that it is not in compliance because the proposed retaining wall was destroyed by snow plowing. She explains that she recommended to the Hospital representative that they wait until summer to get a Certificate of Compliance after the area is fixed and seeded properly. She also notes that she suggests that wild flower seed mix be planted on the site. She recommends that the Commission deny the request for Certificate of Compliance, as the site is not in compliance. Paluzzi moves to deny the request for a Certificate of Compliance at this time. Cademartori seconded the motion. The motion carried (4 -0 -1 with Johnson abstaining). New: 16B Bayview Avenue — DEP File # 5 -1007 — Construct Beach Access Stairway Install Shrubs and Grass on Coastal Bank — Elmtop Realty Trust — c/o Robert and Michael Hubbard Bob Griffin is present for the applicant. Maxner reminds the Commission this Order governed the reconstruction of a wooden stairway on coastal bank and in land subject to coastal storm flowage to gain access to adjacent coastal rocky area; manage invasive plant species, prune existing shrubs, and install additional native shrubs and grasses on coastal bank and within land subject to coastal storm flowage. Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 2 of 7 Griffin addresses the Commission and explains that the Order of Conditions was issued in September of 2009. He explains that they were over aggressive in the removal of vegetation from the site and the site was stabilized in 2010. He notes that he visited the site with Maxner. Maxner questions if they have a maintenance plan. Griffin states that the landscape architect gave one to the owners. Maxner agrees that the site looks good even after this winter and the bank has stabilized with good growth. She reports that the shrubs planted last year are doing well and this side of the project looks to be in compliance. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 16B Bayview Avenue. Johnson seconds the motion. The motion carries 5 -0. New: 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 Bob Griffin is present for the applicant. Griffin explains that they have done plant species management and completed the construction of the stairway. Maxner reminds the Commission this Order governed the reconstruction of a wooden stairway on coastal bank and in land subject to coastal storm flowage to gain access to adjacent coastal rocky area; manage invasive plant species, prune existing shrubs, and install additional native shrubs and grasses on coastal bank and within land subject to coastal storm flowage. Maxner reports that in her opinion the coastal bank is not as stable on this site as it is on 16B. She notes that there is exposed soil vulnerable to erosion. Griffin explains that the area that Maxner is referring to is not an area that they asked for permission to plant in. Lang asks if there is active erosion. Griffin reports that there is. Lang recommends that this be addressed and that the Commission withhold the Certificate until the bank is stabilized. Maxner reports that in a separate action 3 large pine trees were removed from the site within the 100 -Foot Buffer Zone. Griffin reports that he talked with the owner who acknowledged that he removed some unhealthy trees and he is willing to do some mitigation on the site to compensate. Griffin suggests that the Commission issue an Enforcement Order for the tree removal to keep the Certificate of Compliance separate from that issue. There being no further questions or comments regarding this matter, Paluzzi moves to issue and enforcement order for 16 Bayview Avenue and that the applicant come to the next meeting with a mitigation plan to compensate for the trees that were removed from the site, at a ratio of 1:1 Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 3 of 7 with the largest size caliper native trees available. Johnson seconds the motion. The motion carries 5 -0. Paluzzi moves to continue the request for Certificate of Compliance to April 26, 2011 to allow the applicant time to perform bank stabilization activities. Cademartori seconds the motion. The motion carries 5 -0. New: 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 reports that the dredging is completed and the material is still on the site being tested for pH and final sign from the receiving landfill. She recommends that the Commission continue the matter to the next meeting on April 26, 2011. Maxner explains that the material is being tested for PH to meet the requirements of the disposal site. Lang asks what is driving the pH as it usually indicates contamination from metals. Dave Smith from Vine Associates states that he is not directly involved in this project but will relay this question to Cheryl Coviello at his firm. Paluzzi moves to continue the matter to April 26, 2011. Johnson seconds the motion. The motion carries 5 -0. Request for Determination of Applicability New: 8 Willow Street — Construction of Three Story Addition — Glen and Chantel Janvrin Maxner reads legal notice. Glen Janvrin is present at the meeting. Janvrin explains that they are proposing to construct a 24' x 12' addition over the existing kitchen with a 12 x 11' foundation. He notes that the addition will remain within the existing perimeter of the deck. Janvrin notes that they have been to the Zoning Board of Appeal for a variance and that approval decision is filed at the Registry of Deeds. Maxner notes that land subject to coastal storm flowage does not have any performance standards and the project is not likely to have any impact to this resource. She recommends that good housekeeping such as the installation of erosion control during construction would be appropriate. Paluzzi asks if they have experienced flooding from coastal storms. Janvrin states that they have not had any problems in that regard. Lang notes that the City had done some modifications to Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 4 of 7 the seawall and grading at Dane Street Beach park and that was aimed at alleviating this small pocket of LSCSF. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 2 Determination. Johnson seconds the motion. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 5 -0. Notice of Intent Cont: 4 Gavin Circle — Jon & Joan Perry Maxner informs the Commission that Mr. Perry has hired a consultant for his project and has requested that the public hearing be continued to April 26, 2011. Johnson moves to continue the public hearing. Paluzzi seconds the motion. The motion carries 5 -0. Cont: 44- 46 River Street — National Grid/Boston Gas/Mass. Electric Maxner explains that the Commission's peer review consultant asked for additional time to finalize their comments and Maxner has conferred with National Grid representatives and a continuance to the April 26 meeting has been agreed upon. Johnson moves to continue the public hearing to the April 26, 2011 Conservation Commission meeting, seconded by Glidden. The motion carries 5 -0. Cont: 38 South Terrace — Timothy Lundergan David Smith of Vine Associates is present along with the applicant Timothy Lundregan. Smith addresses the Commission and recalls that they opened the public hearing at the last meeting and they are proposing to replace the existing seawall and dislodged stones with a precast concrete wall. He also notes that they are proposing to install a mud mat and replace disturbed vegetation on the landside of the wall. Smith reports that the Commission visited the site. He reports that he has submitted a memo to the Commission regarding the 100 -foot buffer zone and the 25 foot buffer zone as well as plan revisions. He details the revisions which include addition of poured concrete steps onto the ledge outcropping. Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 5 of 7 Maxner asks for additional explanation regarding the steps. Smith explains that it will make it easier to get to the beach area and explains that they will pin them to the existing ledge. Lang asks if they will be doing the work from the landside and probably will not need a barge. Smith explains that the contractor thinks that it can be done from the landside. Smith noted that DEP had issued comments about this project and explains that he received a voice message from DEP representative Jill Provencal agreeing with his opinion that the Riverfront Area standards are not in question here because they are filing for a Chapter 91 license. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing for 38 South Terrace. Paluzzi seconds the motion. The motion carries 5 -0. Cont: 188 Elliot Street — Replace and Repair Drain Pipes — Christ the Redeemer Anglican Church — c/o William Harper Maxner reports that Bill Manuell has requested that the matter be continued to April 26, 2011. She explains that they are still working with the Danvers Conservation Commission. Johnson moves to continue the public hearing to April 26, 2011. Paluzzi seconds the motion. The motion carries 5 -0. Approval of Expenditures Maxner requests that the Commission approve an expenditure of $30.00 for her registration and attendance at EJ Prescott Coastal Erosion Control Workshop on April 6, 2011 at the Crane Estate in Ipswich. Paluzzi moves to approve the expenditure. Johnson seconds the motion. The motion carries 5 -0. Old/New Business 675 Hale Street — Proposed Addition Maxner explains that the proposed addition is located within the buffer zone to an intermittent stream located across a paved access driveway. She notes that she conducted a site visit and took photos, which she distributed to members of the Commission. She explains that the addition will be about 65 feet from the stream and is separated by a common driveway and will be within an existing lawn area. She states that she is inclined not to require a filing, as there is no potential impact to the resource area aside from erosion control, which can be addressed through the Engineering Department's Erosion Control Ordinance. Lang states that he agrees with Maxner. Members agree that this is a minimal impact project but that erosion control must be installed. Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 6 of 7 Endicott College — DEP File #5 -1045 — Wylie Inn Addition and Enclosed Pedestrian Corridor Maxner informs the Commission that she intends to issue fines to the contractor for non- compliance with the Order for failure to maintain erosion controls and disturbance within the 25' NDZ. She reviews a letter to the contractor with the Commission. Maxner also notes that when she visited the site she found a pile of junipers that were dug up and she asked the contractor to clean them up, and it was not done to her satisfaction. She reported that she went out there again today and there is a light pole still there and erosion control is missing in spots. Cademartori asks if there is impact to the wetland. Maxner states that there is not. Cademartori states his concern that an EO and fines might be a bit too aggressive for this situation. Lang agrees and suggests that a warning letter be sent to the contractor and a copy of it be sent to President Wylie as well. Cademartori agrees and suggests that a deadline for the end of this week for necessary repairs be included in the warning letter. Members ask Maxner to send a warning letter. Maxner agrees and will establish a deadline of this Friday for corrective actions. Revisions to Beverly Wetlands Regulations Maxner reports that she has been working on revisions to the Beverly Wetlands Regulations and distributed copies of the revisions to members of the Commission. She also distributed copies of ideas and thoughts that were generated through a meeting of the subcommittee comprised of Dr. Johnson, Mary Reilly and former member Ian Hayes a couple of years ago. She requested that members review them and think about changes that they would like to make. She also notes that a public hearing will be necessary once there is agreement as the proposed revisions. Order of Conditions 38 South Terrace Discussion ensues as to potential conditions for the project. Cademartori questions whether the Commission should approve the steps that were added to the plan noting that they could install something that is temporary and removable in that area. Paluzzi moves to issue Standard Conditions and the following Special Conditions: The proposed new concrete step extension leading from the concrete pad is hereby denied as the Commission has determined the new steps constitute an impermissible alteration of a resource area; the applicant may, however, present alternatives to the Conservation Administrator for gaining access to the beach that involves a temporary removable structure that can be anchored to the existing concrete pad. The Conservation Administrator has the authority to approve an alternative that is removable and results in no impact to the resource area. Beverly Conservation Commission April 5, 2011 Meeting Minutes Page 7 of 7 2. If any work from a barge is proposed the applicant must return to the Conservation Commission for review and approval of such work prior to implementation in the field. 3. A silt boom shall be installed on the water -side of the seawall to contain any migration of material or soils from the area of excavation. Johnson seconds the motion. The motion carries 5 -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 5 -0. The meeting adjourns at 8:15 p.m.