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2011-08-09CITY OF BEVERLY PUBLIC MEETING MINUTES Note: These minutes were reviewed by the Conservation Commission at its April 3, 2012 meeting. The Commission voted 3 -0 -4 to approve these minutes as amended, with Squibb, Lang and Glidden in favor, new members Bertoni, Buchsbaum and Grant in abstention due to not having been seated when these matters were heard and for no other reason, and Paluzzi in abstention as he was not in attendance at this meeting. Due to turnover in Commission membership, it was not possible to achieve a full quorum of eligible members to vote on these minutes, resulting in a 3 -0 -4 vote. Therefore these minutes have been approved by a majority of the members who were seated for the matters in question. Date: August 9, 2011 Board: Conservation Commission Members Present Chair David Lang, Katelyn Merrill, Kate Glidden and Bill Squibb Members Absent: Vice Chair, Tony Paluzzi, Mary Reilly, Dr. Mayo Johnson Others Present: Amy Maxner — Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 191 Cabot Street, 3 rd Floor City Council Chambers, Beverly, MA. Certificate of Compliance New: L.P Henderson Road (the former Vitale Site), DEP File #5 -744 — New England Power Company, d /b /a National Grid Maxner suggests that representative of National Grid give the Commission a brief synopsis of the work that was done on this project. Ann McMenemy with ERM addresses the Commission and explains that the project involved the reconsolidation of the eroded fly ash from the Airport Brook and surrounding wetlands back onto the Vitale Site and restoration of approximately 16 acres of wetland resource area. She explains that the Order of Conditions was issued in 2002 and the Commission issued a partial Certificate of Compliance in 2007 for the clean up of the fly ash but allowed for wetland monitoring and invasive specie management. She explains that since then, they have done a 3 -year monitoring program of the site, which was completed last year, 2010. McMenemy reported that a joint site walk with Maxner and the representative of the Wenham Conservation Commission was held. She noted that the Wenham Conservation Commission issued a Certificate of Compliance last evening. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 2 of 7 Lang questions the status of the maintenance of invasive species. McMenemy states that it is nature's hands at this point noting that wetland plant coverage has met the ACOE and Order of conditions criteria. She notes that there is roughly a 200 square foot patch of phragmite that has reestablished in an area that was over excavated during the project to remove as much of the rhizomes as possible. She notes that loosestrife beetles migrated to this site and are having a collateral benefit by keeping the loosestrife plants from spreading prolifically. She explains the process that they are using to manage the invasive species on the site. Maxner asks if the Army Corp of Engineers and DEP signed off on the project. McMenemy reports that technically there is no requirement for those two agencies to sign off on the project, but that they expect the final monitoring report for their review, which they have received but she has not heard from either agency. Maxner asks if they are confident that the Army Corp and DEP read the reports and have no concerns about the recurrence of the invasive phragmites. Discussion ensues regarding the phragmites and possible management on the site. Elizabeth Green with National Grid notes that Grid feels that the project is successful and will not consider at this stage further invasive specie management. McMenemy states that phragmite management could be a Boy Scout project. Lang states that there is no question that the site is immensely better than when they started this project and appreciates the efforts of Grid and the consultants involved. There being no further questions or comments regarding this matter, Squibb moves to approve the final Certificate of Compliance for L.P Henderson Road (the former Vitale Site), DEP File #5 -744 — New England Power Company, d /b /a National Grid. Glidden seconds the motion. The motion carries 4 -0. Request for Determination of Applicability Cont: 10 Eleanor Avenue — Construct retaining wall and install fence — Joan M. Gallagher Maxner reports that she spoke to the applicant and she has requested that the matter be continued to the next meeting of the Commission on August 30, 2011. Squibb moves to continue the public hearing to August 30, 2011. Glidden seconds the motion. The motion carries 4 -0. Recess for Public Hearings Glidden moves to recess for public hearings. Squibb seconds the motion. The motion carries 4 -0. Cont: 17 Bailey Avenue — Louise Pommershiem — DEP File # 1060 Maxner informs those present that the Commission has to continue this matter to the next meeting, as there are not enough members present this evening to make a quorum. She explains that the Chair has recused himself from this matter, which would leave only three members. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 3 of 7 The Commission administratively continued the matter to the August 30, 2011 meeting. Cont: 1 Brookwood Road — Brookwood School c/o Richard Chute - DEP File #5 -1061 Maxner explains that the project engineer has requested that the matter be continued to the August 30, 2011 meeting. Squibb moves to continue the public hearing to August 30, 2011. Glidden seconds the motion. The motion carries 4 -0. New: Cove Avenue in the vicinity of 14 Salters Avenue, DEP File #5 -1062 — Cornelia & Richard Glazier Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that the applicant is proposing to construct a pier, gangway and terminal float within the Bass River. They are also proposing to supplement the rip - rap along the bank on the north side of Salters Point. Griffin explains that the proposed fixed pier will only float as the tide comes in but will be supported at low tide so as not to sit on the substrate. He also explains that the gang way will be sloping with a 10x12 float. He notes that the float will be off the mud flat at all times. Griffin explains that the resource areas are land under ocean, coastal bank, 100 -foot buffer zone and the 100 -year flood zone is at elevation 10. Griffin states some of the proposed work is within the 25 -foot no disturb zone and they are asking for a waiver. He also notes that they are in the riverfront area and meet all of the applicable standards and there is no impact on wildlife. Griffin notes that there will be daily clean up of the site during construction and they anticipate that the work should take about a week to complete. Lang questions how they will install the piles. Griffin explains that they will use a float barge at high tide and jack it up with spuds. He explains that they plan to drive 6 piles. Merrill questions if the ramp and float will be seasonally removed. Griffin explains that they will probably wench the gangway up at the end of the season. Merrill asks if they intend to dock a boat there. Griffin states that the intention is to be able to walk down to the water not necessarily to dock a boat. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 4 of 7 Maxner notes that the Division of Marine Fisheries sent an email was noting that there is a mapped shellfish habitat area for soft shell clams and she reads the letter into the record. Griffin also notes that the letter is the standard bureaucratic response and that black locust piles is not readily available in the lengths required for this project. He notes that Beverly has good flushing action and explains the lumber that they are proposing to use. He notes that they are comfortable with the materials that they are proposing. Merrill questions if they looked into using ACQ as opposed to CCA. Griffin states that CCA is preferred in marine settings. Maxner asks if there are any recycled plastics proposed. Griffin states that there are no recycled plastics proposed noting that they are significantly more expensive. Griffin explains that there is a note on the plan indicating that they will be supplementing the rip rap on the site by placing additional rip rap on top of the existing rip rap slope along the embankment. Discussion ensues as to the extent of rip -rap addition. Maxner notes that she would prefer that before that part of the project is carried out, there should be a meeting with the engineer and the contractor to define the project parameters. Lang 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, Merrill moves to close the public hearing. Glidden seconded the motion. The motion carries 4 -0. New: 675 -C Hale Street, DEP File #5 -1063 — Joseph Alsop c/o Neve Morin Group Maxner reads the legal notice. Greg Hochmuth of the Neve -Morin Group is present for the applicant. Hochmuth addresses the Commission and explains that the applicant is proposing to construct a tennis court within the 200 -Foot Riverfront Area. He explains that the property is the home formerly owned by John Updike and notes the resource areas that abut the property. He notes that there is a stream along the eastern property line and it is noted as perennial, but unnamed. Hochmuth explains that they have positioned the tennis court itself outside of the jurisdiction of the Commission but some associated grading will be within the 200 -foot riverfront area. He explains the plan and the location of the proposed tennis court. Merrill questions if they have a plan for stabilizing the slope. Hochmuth explains that they propose a boulder slope of 1 -1. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 5 of 7 Hochmuth also explains that there is a lot of ledge in the area and rolling terrain. He also notes that 12 trees will be removed for this project. He states that they are confident that they can hammer out the ledge. Hochmuth also notes a location on the plan where a pool will be installed, which is outside the Commission's jurisdiction. Hochmuth explains that they are proposing filter socks for erosion controls. Maxner suggests a combination of filter socks and a silt fence. Merrill questions if there will be a substantial amount of fill brought in for the project. Hochmuth estimates that they estimate that they will bring in about 6 -8 feet of material but a lot of the blasted rock from the addition that is currently being worked on will be used on site. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Lang states that he would like to see a more detailed plan of the wall so there is no misunderstanding about it. Hochmuth notes that they have a template for the boulder rip rap and can provide that to the Commission. He notes that states that they are looking into installing a gas line and they will be back before the Commission for that project. There being no further questions or comments regarding this matter, Glidden moves to close the public hearing. Squibb seconded the motion. The motion carries 4 -0. Abbreviated Notice of Resource Delineation New: 64 & 66 Paine Avenue — John Godfrey Maxner reads legal notice. Maxner informs the Commission that Mr. Godfrey is not present at the meeting, nor is his project engineer. She presents the plan of wetland delineation to the Commission and states that the Commission should schedule a site visit. Lang explains to those present that the wetland delineation map has been submitted to the Commission and the Commission needs to go out to the site and spend some time looking at it to determine if the delineation is accurate. He further explains that the wetlands on the property are not in the jurisdiction of the Wetlands Protection Act but they do meet the criteria of the Beverly Wetlands Protection Ordinance. He explains that any appeal of a decision by the Commission would be taken up in Superior Court. The Commission scheduled a site visit for August 16, 2011 at 5:30 p.m. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 6 of 7 Lang 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, Glidden moves to continue the public hearing to August 30. 2011. Squibb seconded the motion. The motion carries 4 -0. Old/New Business National Grid Appeal Lang reports that he, Maxner, Karro Frost of NEE and City Solicitor Roy Gelineau attended a site meeting at 44 -46 River Street with DEP relative to National Grid's appeal of the Commission's denial of the reconsolidation project. He notes that several representatives from Grid attended the meeting and the DEP representative reported that the DEP will check with people at the Bureau of Waste Site Clean Up as to MCP issues relative to the Wetlands Act. Proposed Tennis Courts at Birch Planes Park (former Vitale Site) Maxner explains that the City of Beverly is partnering with Landmark School to build tennis courts. She explains that there was a proposal to build them at the Cove Playground but that was met with some objection from the neighbors, so they are now looking at the Vitale Site as a possible location. She explains that they are looking at the top of the slope and would be constructing three 60' x 120' clay court. She questions whether the Commission should review this under a Notice of Intent or a Request for Determination. Members review the aerial plan and sketch of where the courts might be placed. Merrill notes that they seem to have enough room to stay outside the 100 -foot buffer zone. Lang agrees and suggests they tweak the plan to stay out of jurisdiction. Members agree. Maxner notes she will work with City personnel to look at this more carefully. Orders of Conditions Cove Avenue in the vicinity of 14 Salters Avenue, DEP File #5 -1062 — Cornelia & Richard Glazier Discussion ensues as to possible conditions for the project. Glidden moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to any work commencing on any part of the project, a site inspection shall be held with the Conservation Administrator, project engineer and the contractor to review and discuss the parameters of supplementing the rip -rap embankment to maintain compliance with Special Conditions # 2 and # 3 below. 2. Rip -rap used to supplement the embankment shall not be less than 1 foot and not more than 2 feet in size or shall correlate with the size of existing stone. 3. The existing profile of the rip -rap embankment shall be maintained. 4. Materials used in the construction of the decking of the pier shall not be treated with CCA. Beverly Conservation Commission August 9, 2011 Meeting Minutes Page 7 of 7 Squibb seconds the motion. The motion carries 4 -0. 675 -C Hale Street, DEP File #5 -1063 — Joseph Alsop c/o Neve Morin Group Discussion ensues as to possible conditions for the project. Merrill moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, a cross sectional plan depicting the proposed boulder retaining wall shall be submitted to the Conservation Administrator depicting the proposed elevations and requisite size of boulders and stones to be used in the wall. This plan shall be site - specific to the proposed project. 2. Prior to work commencing, the limit of the proposed erosion control shall be surveyed and staked in the field. The Conservation Administrator shall review said staking. 3. To ensure that jack hammering or blasting is confined to outside of the 200 -Foot Riverfront Area as depicted on the approved plan, prior to work commencing, the proposed limits of the jack hammering or blasting shall be surveyed and marked in the field. The Conservation Administrator shall review said marking. 4. The proposed erosion control shall consist of 18" diameter Filtrexx Filter Sock (or equal) and silt fence entrenched behind the sock. Glidden seconds the motion. The motion carries 4 -0. Approval of Minutes No quorum of members was present to approve minutes this evening. Adiournment There being no further business to come before the Commission this evening, Squibb moves to adjourn the meeting. Glidden seconds the motion. The motion carries 4 -0. The meeting adjourns at 8:45 p.m.