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1998-06-02BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING JUNE 2, 1998 A regular meeting of the Beverly Conservation Commission was held on June 2, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Vice-Chairman Tony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, and Patricia Grimes. Also present was Assistant Planning Director Debbie Hurlburt, and Susan Akerman, Secretary to the Commission. Meeting called to order by Vice-Chairman Paluzzi at 7:00 p.m. Request for Determination of APDlicabilities: New: 61 Hathaway Avenue - installation of inqround pool and spa/ Darr Mrs. Lucia Darr of 61 Hathaway Avenue addressed the Commission and explained a proposal for the installation of an in-ground swimming pool and an attached spa. Tony Paluzzi asked where the attached spa would be located. Mrs. Darr stated that it will be located closer to the house and indicated on the map where the spa would be located. Pat Grimes asked approximately how far from the resource area will the pool be located. Mrs. Darr stated that the pool will be approximately 90 feet from the edge of the wetland. Tony Paluzzi asked where they intend to store the excavated material. Mrs. Darr explained that they plan to have the material hauled off site, and stated that someone who needs landfill has contacted them. Tony Paluzzi asked what the depth of the pool will be. Mrs. Darr responded 7 feet and noted that there will be no diving board. Dr. Johnson questioned what the squiggle lines on the plan indicated. Mrs. Darr explained that their property has a two tier yard and that the squiggle lines indicate cobble stone that it used as a retaining wall. Tony Paluzzi asked if any one from the public wished to speak. There were none. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Negative Determination #3, seconded by Dr. Johnson and approved unanimously. Public Hearinqs: A motion was made by Jon Mazuy to recess for the purpose of holding public hearings. Notice of Intents: 38 Paine Avenue - retaining wall, inground pool & poolhouse/Seeliq Debbie Hurlburt updated the members and explained that she met with Coastal Zone Management staffer Rebecca Haney because DEP had several concerns on how the wall will be constructed. Debbie Hurlburt stated that new plans have been submitted, and that Coastal Zone Management is in the process of reviewing them. Debbie Hurlburt stated that John Dick of Hancock Environmental is present and will fill the members in with the remainder. JohnDick addressed the Commission and explained that the applicant has relocated the pool and patio 50' from the top of the bank, and that a 25' no cut zone will be left in place. Mr. Dick stated that he believes that both of the areas are actively eroding, and that Coastal Zone Management suggested that bank nourishment be placed down in those areas. Mr. Dick explained that they intend to place gravel on the bank and stabilize it by putting down a jute-mat and plant with beach grass during the fall. (per Coastal Zone Management's recommendation) Mr. Dick stated that the beach grass is not intended to prevent erosion, but will help in stabilizing the bank. Mr. Dick explained that the new owner wants to demolish the existing house that is on the site, install a septic system outside the buffer zone, and then install the pool and patio. Mr. Dick noted that this proposal is in the design stages, but once the structure is designed, the owner plans to contact a consultant to design the landscaping and grading. Mr. Dick stated that he had hoped to close tonight, but that Coastal Zone Management still needs to review the letter before it goes out to bid, and that he would like to request a continuance. Tony Paluzzi asked if any one from the public wished to speak. There were none. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the public hearing on 38 Paine Avenue until the Commission's next meeting scheduled for June 30, 1998, seconded by Pat Grimes and approved unanimously. 2 Certificate of Compliance 54 Hillcrest Avenue/Patrick & Susan Powell Debbie Hurlburt updated the members and stated that she sent as- built plans to the members for the proposed installation of an above-ground pool, and noted that there is a slight change. Debbie Hurlburt explained that the change is from 15' x 15' to 12' from the rear and 15' from the side, a 3' amendment. Tony Paluzzi stated that he went out to the site last week, that everything was in order, that the applicant moved the pool back 3' in order to get the filter under the deck, that the grass was growing and the grading was done. Dr. Johnson stated that he went by the site today and everything looked fine. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Certificate of Compliance for 54 Hillcrest Avenue, seconded by Pat Grimes and approved unanimously. 403-409 Essex Street/Paul Delorenzo Debbie Hurlburt updated the members and explained that the applicant is seeking a Certificate of Compliance for Lots 1, 2 & 3, located on Essex Street, but that Lots 6 & 4 were not part of this release request. Debbie Hurlburt stated that in her opinion the sites looked ok, but that there is a slight problem with Lot #4, and explained that there is an Enforcement Order out for that lot because the soil on the property was unstable, that it was never seeded and caused it to erode, but noted that it is now stable, and suggested that the Commission might want to issue a partial Certificate of Compliance for Lots 1, 2, & 3 but not Lot #4. Jon Mazuy noted that there was sparse growth on Lot #2, but that he wouldn't hesitate to approve. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Certificate of Compliance for lots 1, 2, & 3 at 403-409 Essex Street, seconded by Dr. Johnson and approved unanimously. 4 Deer Haven Road/James & Beth Ina Karl Balsley addressed the Commission and stated that as-built plans have been prepared and submitted, that the house is in substantial order, that there is an encroachment of fill, and that there is a restriction of Conservation Commission Land. 3 Mr. Balsley refers to a letter submitted to the Conservation Commission (On File). Mr. Balsley stated that the landscaping is complete, and that there was no encroachment of the lawn area. Debbie Hurlburt explained that she looked up the minutes of the meeting on this matter in order to get a sense of what is meant by an area of "Conservation Restriction". Debbie Hurlburt read from the 4/24/86 minutes, and stated that the only background she could find was that the minutes stated that there is a notation that an elevation of 75.4 is flood storage. Dr. Johnson stated that he was out there today, and that it is not clear to him where the encroachment was by the plans or whether this was an area for the retention. Dr. Johnson stated that it is necessary to clear this up, and to find out if filling of this area has affected other areas. Dr. Johnson noted that it is a very large storage area, a deep raven that holds an awful lot of water. Debbie Hurlburt stated that her only concern wasthe matter of the terminology "Conservation Restriction" and if this affects the original Order of Conditions. Debbie Hurlburt explained to Mr. Balsley that a letter needs to be received from the applicant indicating the encroachment area before the Commission can issue a Certificate of Compliance. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Certificate of Compliance for 4 Deer Haven Road, seconded by Pat Grimes and approved unanimously. Public Hearinq: Continuation of Public Hearinq - SVlvester Avenue - house construction/Trentini Greg Bowden, representing the applicant Ron Trentini, addressed the Commission and stated that the Commission had concerns with the legality of the lots, noted that information has been sent to the members regarding this matter, and that he would like to open up the meeting to the members for their questions/concerns. Pat Grimes stated that in the Notice of Intent it describes the project as being a single family house, she noted that a roadway is also ~art of this plan and asked why this wasn't included as part of the plan, and also questioned why the applicant believes that the project is not subject to the River's Act. Mr. Bowden explained that the area is grandfathered in, that it is an existing 4 right of way on record that is on the City Assessor's map, and noted that it is maintained. Pat Grimes stated that it is not a paved road. Mr. Bowden stated that the road is still in existence as a legal forming road. Pat Grimes asked why they have exempted themselves from the River's Act. Mr. Bowden explained that the land was subdivided under an Approval Not Required (ANR) with legal frontage and legal area, that it is covered under Form A and is an accepted road by the City. Mr. Bowden stated that they are not exempt from the intent of the River's Act, which states that best efforts have to be met, and stated that they have meet best efforts. Pat Grimes stated that she is not convinced, and stated that the applicant still has to provide the Commission with information on how they intend to minimize the impact to the area, that the area is not exempt. Jon Mazuy explained that every reasonable measure has to be taken in order to protect the area on the River's Act. Mr. Bowden stated that it is very clearly defined that this lot is exempt, but that he has no problem with detailing the report further. Pat Grimes stated that she would like for the applicant to provide the Commission with some documentation with respect to River's Front Act (exempt Lot Form A). There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the hearing on Sylvester Avenue until the Commission's next meeting scheduled for June 30, 1998, seconded by Dr. Johnson and approved unanimously. Old/New Business North Shore Music Theater John Dick of Hancock Environmental addressed the Commission on behalf of the North Shore Music Theater and explained that the backhoe operator hired by the Music Theater has been placing landscaping fill in the wetlands for approximately two years. Mr. Dick explained that the fill is 10'- 15' out from the edge of the parking lot and then it drops off to wetlands. Mr. Dick explained that the parking lot was built on wetlands, and that there are 8-10" red maples growing in that fill. Mr. Dick stated that they can't remove all the fill, but will remove the landscaping waste, the timber, and the household trash. Mr. Dick stated that what they propose to do is to get a small piece of equipment (bobcat/backhoe), rake the material back on the bank, put a jute mat down, seed it, and put silt fencing up. Mr. Dick explained that they propose two seed mixes, one for the 5 restoration of the wetlands, the other for the upland area. Mr. Dick stated that the trees look to be fine, no damage to them, that the material hasn't gone to far into the wetlands, and that they proposed to do the beginning stages 'of the work, then have a project site visit, and then come back to the Commission if something of interest is uncovered (ie: erosion, waste that needs special handling) and address that issue at that point. Mr. Dick stated that it is a fairly easy restoration process. Tony Paluzzi asked if the fill is 100' from the parking lot. Mr. Dick state that it is approximately 350' from the parking lot, that the whole figure of the parking lot is a buffer zone. Jon Mazuy asked if they plan to take all the material out. Dick responded yes. Mr. Jon Mazuy asked if the work will be completed within a couple of days. Mr. Dick responded yes. Tony Paluzzi asked if the excavated fill will be placed on a truck or in a dumpster. Mr. Dick stated probably a truck. Tony Paluzzi asked if the small piece of machinery used will have to be in the wetlands. Mr. Dick stated that there was no reason for it to be, not at all. Jon Mazuy asked when they plan to seed. Mr. Dick stated that it is recommended that the wetland seed be placed down in late October. Tony Paluzzi asked if any one from the public wished to speak. There were none. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to approve the activity presented and represented in Hancock Environmental's letter dated May 29, 1998, and that the applicant proceed with the work in question, with the trash being removed within 1 months time, and that the winter rye and seasonal vegetation be seeded after the October time line, seconded by Dr. Johnson and approved unanimously. Apple Villaqe Debbie Hurlburt updated the members and explained that one month ago she received a call from the Building Inspector in Beverly, who told her that dumping of all types of material has been taking place at Apple Village. Debbie Hurlburt stated that she wrote a letter to Abbott Reeve indicating that a violation has taken place, and that he needs to attend the Conservation Commission's May 5, 1998 meeting. 6 Debbie Hurlburt explained that she does not believe that they are working as quickly as they should so an Enforcement Order should be sent out and a motion is needed with respect to that. Jon Mazuy asked if the Commission should have this put on record at the Registry. Debbie Hurlbutt stated that the Commission could do that. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue an Enforcement Order for Apple Village, Map 28, Lot #126, seconded by Pat Grimes and approved unanimously. · Debbie Hurlburt stated that a Prehearing Conference will be held on June 10, 1998 with DEP and Maestranzi. Debbie noted that the City Solicitor will be there, and that David Lang recommended that the Commission spend up to $500.00 to hire the Commission's technical advisor for this issue, Hugh Mulligan of Gulf of Maine, to go to this Prehearing Conference. A motion was made by Jon Mazuy to hire Hugh Mulligan of Gulf of Maine to represent the interest of the Conservation Commission at the Prehearing Conference with DEP & Maestranzi, subject to Debbie Hurlburt checking with the City Solicitor for an opinion whether or not to have an expert at the Prehearing Conference, seconded by Pat Grimes and approved unanimously. · Short Meadow Road/Arthur Boris Debbie Hurlburt explained to the members that the Conservation Commission approved an Order of Conditions for the applicant, Arthur Boris, to build a parking lot and put up a chain link fence rather than a stock aid fence. Debbie explained that a resident living right next door wants a 6' high stock aid fence to be put up along his side of Mr. Boris' property to match the one that is currently up. A motion was made by Jon Mazuy to approve the modification for the applicant Arthur Boris to replace what required a chain link fence to a 6' stock aid fence at the corner of Edgewood Road property, seconded by Dr. Johnson and approved unanimously. · HathawaV Avenue Debbie Hurlburt stated that this is the road that backs up to Cross Lane and explained that Mr. Ingemi is requesting that the brook, that appears orange, be tested before the summer is over because he has many concerns of this brook being orange. Tony Paluzzi noted that there could be iron in the soil. Debbie Hurlburt stated that she could call the Board of Health and request them to look at it and test it. Tony Paluzzi stated that he recommends that the Conservation Commission ask the Board of Health to take a water sample and test it. · Coastal Access Debbie Hurlburt explained to the members that she received a carbon copy of a letter that was sent from the Sea Coast Access Group regarding access to beaches. Debbie explained that this Sea Coast Access Group does little projects, and that one project their working on right now is in the area of Washington Street and Lothrop Street where a while ago a gazebo stood. Debbie explained that the Group is asking for the gazebo to go back up and for the Group to be able to do some work out there. Debbie explained that she wrote back and stated that the Group should keep in mind that they have to go through the Conservation Commission. · Eisenstadt Debbie Hurlburt explained to the members that she received a call and reported to Debbie that the Shields are stockpiling boulders near an unstable coastal bank. Debbie stated that she called immediately and explained to them that they should not do that, that they need to call the State because this is an appealed case. Debbie explained that she contacted DEP and that they weren't to concerned, so she explained to the Shields that if they didn't move the boulders then she would have to order an Enforcement Order. Debbie stated that they did move them and that everything has been taken care of. · Mass Hiqhway - Estate Debbie Hurlburt read a letter to the members for their information from Mass Highway concerning the Loeb/Mullen Estate. (On File) · Debbie Hurlburt explained that the Commission's annual dues of $210.00 are due for the Massachusetts Association of Conservation Commissions (MACC). A motion was made by Jon Mazuy to send the annual dues of $210.00 to the Massachusetts Association of Conservation Commissions (MACC), seconded by Dr. Johnson and approved unanimously. · Debbie Hurlburt informed the members that she has received the Department of Army Corps. permit with respect to Mass Mosquitoes and that she can forward a copy to any of the members if they so wish. 8 · IT Corp. Debbie Hurlhurt explained that she received a letter for 150 Sohier Road regarding Tier 2 Phase stating that all the information has been submitted and is complete. · Debbie Hurlburr stated that a copy of the Trust Landbank is on file and available for the members to view. ADDroval of Minutes: MaV 5, 1998 A motion was made by Jon Mazuy to approve the minutes of the meeting for May 5, 1998 as amended, seconded by Pat Grimes and approved unanimously. Adjournment A motion was made by Pat Grimes to adjourn the meeting, seconded by Jon Mazuy and approved unanimously. Meeting was adjourned at 8:40 9