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1998-07-07BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING JULY 7, 1998 A regular meeting Of the Beverly Conservation Commission was held on July 7, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy and Patricia Grimes. Also present was Assistant Planning Director Debbie Hurlburr, and Susan Akerman, Secretary to the Commission. Meeting called to order by Acting Chairman Johnson at 7:00 p.m. Mr. Phillips addressed the Commission and explained that the Phillips family is seeking approval to rename J.C. Phillips Nature Preserve to Phillips Nature Preserve. Mr. Phillips also asked if the sign, that was once there, could be put back up when it is renamed. Debbie Hurlburt updated the members and explained that EssexCounty Green Belt has concurred with the renaming of the Preserve, that new signage will be put up, and that the area will be cleaned up. Hurlburt further explained that the Conservation Commission has approved the renaming and has passed on the request to the City Solicitor and to the City Council to make sure that the name can be changed. Public HearinGs: A motion was made by Jon Mazuy to recess for the purpose of holding public hearings, seconded by Pat Grimes and approved unanimously. Notice of Intents Continuation: 38 Paine Avenue - retaining wall, inGround DOO1 & Doolhouse/Seeliq John Dick of Hancock Environmental addressed the Commission, presented a full-size plan that incorporates all the necessary information, stated that the Conservation Commission should have received the letter from Coastal Zone Management, and noted that it is in agreement that while the bank is not on the extreme coastal bank, it is an eroding feature. Mr. Dick explained that Rebecca Haney suggested that they pull back the pool as far back as comfortable, vegetate the cross sections (fill in where eroding), nourish with beach grass, which is a good stabilizer, a fast and immediate functional process, and then incorporate jute matting into the fill. Mr. Dick reviewed the footprints for the house and explained that they have moved all surfaces 50' from the bank and that the footprint extends through the buffer zone. Mr. Dick stated that nothing under this Notice of Intent will be placed closer to the bank besides the beach grass. Mr. Dick stated that they plan to have an architect hired by November, that the septic system will service the house and the poolhouse, that they will go to the Board of Health once the septic system is installed, so that the architect can proceed with the structure, and then come back to the Conservation Commission if the landscape architect decides to make a substantial change. Mr. Dick suggested that when the Conservation Commission issues it's Order of Conditions for this site, that they incorporate Rebecca Haney's letter so it becomes part of the record. Jay Donnelly asked if Mr. Dick will address all Rebecca Haney's recommendations in her letter dated June 25, 1998. Mr. Dick responded yes. Jay Donnelly asked if Mr. Dick intends to come back with the landscaping designs. Mr. Dick responded yes. Jay Donnelly noted that the septic system can't be put in without an Order of Conditions. Mr. Dick stated right. Jon Mazuy asked if the applicant intends to remove any ledge. Mr. Dick stated no. Pat Grimes questioned if the applicant will be returning before the Conservation Commission before construction of the pool takes place. Mr. Dick stated that they will return with the proposed modifications to the land and the grading scheme. Jon Mazuy asked what the status is of the dumped material. Dick explained that it has been removed. Mr. Jon Mazuyquestioned whether or not they are considering taking any action of the lawn area. Mr. Dick stated no, because we don't have a landscaping engineer yet. Jay Donnelly asked Mr. Dick to summarize what they plan to do. Mr. Dick explained that they plan to make repairs to the small section of the coastal bank, do a replacement of the footprint for the pool and poolhouse, and noted that nothing will be closer than 50' from the retaining wall, and that no grading will take place besides for immediate repairs. Jon Mazuy asked which area or areas of erosion were subject to erosion due to the lawn. Mr. Dick explained that it's the lawn that is adjacent to theabutting retaining wall, and explained that they plan to armor the bank with vegetation and deal with the structural issues later. 2 Dr. Johnson asked if any One from the public wished to speak. Joan Murphy of Longmeadow Road asked if it is possible to break the water flow before it gets to the wall. Mr. Dick stated no, and explained that the grade is too wide. Debbie Hurlburt asked what is the likelihood that vegetation will occur on top of the wall/bank. Mr. Dick stated that he would propose extending the plantings along the eroding wall, but that it doesn't have enough effect to prevent the run-off from eroding, but that they plan to repair the bank and plant the bank, and that he will direct the landscaping engineer's attention to different areas and come back with some more sophisticated answers. Jon Mazuy asked how soon can the applicant come back with that plan. Mr. Dick stated 6 months to a year. There being no further questions or comments regarding this matter, a motion was made by Pat Grimes to close the hearing on 38 Paine Avenue, seconded by Jon Mazuy and approved unanimously. Continuation: Svlvester Avenue - house construction/Trentini Greg Bowden, representing the applicant Ron Trentini, addressed the Commission and explained that the applicant has proposed a house within the River Front Area, and that according to regulations the applicant has the right to build a driveway, a house, and a septic system with the minimal amount of grading, but only for construction of the house. Mr. Bowden explained that what the plan shows is grading around the house by minimal standards, with the road being built by today's standards, and stated that the applicant will try to minimize as much impact as possible. Debbie Hurlburt explained to the members that she did talk to Heidi Davis of DEP who explained that a lot grandfathered by a subdivision act has to only met performance standards as practicable. Pat Grimes stated whether exempt or not exempt from the River's Act, she also talked to Heidi Davis, and although you do have some leeway, you do still have to met the performance standards, and the applicant didn't do that. Mr. Bowden explained that in the original Notice of Intent they have a written reasons for how they are going about grading and reasons why the applicant is approaching it in this way. Mr. Bowden also stated that they will remove the check mark from the area stating that they are exempt from the River's Act. Pat Grimes further stated that there has been no cooperation regarding how the applicant plans to meet the Act's standards to the best of their ability. Dr. Johnson asked if the applicant could come up with some sort of clarification to the questions raised by Pat Grimes in their Notice of Intent. Mr. Bowden stated that he would expand on every aspect and resubmit. Dr. Johnson asked if any one from the public wished to speak. Rene Mary of 264 Hale Street stated that she seconds Ms. Grimes' points, and that the Conservation Commission should have the applicant provide more information. Pat Grimes explained that the applicant needs to expand on standard performances, and if not met, explain why, that it is necessary that the Commission knows this information. Joan Murphy of Longmeadow Road suggested that the Conservation Commission request the applicant to submit their point of way in detail, have it reviewed, and continue this public hearing so everyone knows why and how the applicant plans to met the performance standards. Jon Mazuy suggested that if Mr. Bowden has any specific questions that he contact Pat Grimes. Pat Grimes stated that she would like the applicant to submit a detailed written explanation on how he intends to mitigate impact to the River Front Area to the best extent possible. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the public hearing on Sylvester Avenue to the Commission next meeting scheduled for July 21, 1998, seconded by Jay Donnelly and approved unanimously. Continuation: 181 Elliott Street - construction of Darkinq ~araqe/ Beverly Commerce Park Bruce Oveson from O~mmings Properties addressed the Commission and stated that they have filed a Notice of Intent for the construction of a three-level parking garage structure in the area of the southwest corner of Cummings Properties. Mr. Oveson stated that currently the area is a surface parking area, with existing catch basins, a culvert that provides protection to the lower Shoe Pond, and noted that the drainage systems drain into this culvert. Mr. Oveson stated that a m,mher of items were talked about on the site visit, and noted that the changes have been made regarding the distance that the garage will he from the resource area. Mr. Oveson reviewed how this project relates to the Chapter 91 License process, and stated that this came about because DEP records don't show any indication of fill placement. Mr. Oveson noted that they are working with members of Chapter 91 License Waterways, and are waiting for a letter from them indicating their initial findings, but that one item agreed upon is to provide accessibility to the ponds. Mr. Oreson explained that they propose the original connection point, and will create a path/access point that doesn't interfere with neighbors across the street. Mr. Oreson explained that the pathway system will be part of the final form, and that they are basically just trying to get the concept on the table, and get it completed so it can be part of the Community as a whole. Mr. Oveson reviewed the planting scheme and noted that they have started planting the trees, that they have planted approximately 500 trees so far, and they agreed to plant 30 more trees near McKay Street, but decided that more is needed so they will plant more. Mr. Oreson stated that the existing drainage system referred to before, included catch basins that drain directly to concrete culverts, that connection to these catch basins will be all around the building, and will come into the same system. Mr. Oveson noted that there will be 6 catch basins that ultimately drain to this culvert, and what they are proposing to do to upgrade the storm drain system is to put in a pipe to the catch basins, build a new separation to take all the run-off off the structure, and build up a new oil/gas separator. Mr. Oreson stated that by doing this, he feels that this is a reasonable improvement to the original system. Mr. Oreson then reviewed the foundation system, noting that they would be drilling then pouring the concrete, that there will be a series of beams that will be cut down during excavation, and that everything will tie in horizontally. Mr. Oreson stated that there will be a minimum amount of excavation that will have to be done, that they plan to keep the asphalt in as much place as possible, and that there will be a crane on site. Jon Mazuy asked if the amount of impervious area is going to increase. Mr. Oveson responded no. Jay Donnelly stated that his concern is that the culvert is not broken during construction traffic, because if found at a later date that there is a deterioration of the culvert, it will be more difficult to access. Jay Donnelly asked if anyone in the organization has walked through the culvert. Mr. Oreson stated yes, and explained that it is connected, that it has a flat bottom, and that a person can't stand up in it. Jay Donnelly asked if there were any breaks or areas in need of repair. Mr. Oveson stated not that they saw. Jay Donnelly asked if the culvert could be inspected after construction, and if there is any damage to it, repair it. Mr. 5 Oreson stated yes, that can be done. Jay Donnelly asked what affect the new structure will have on flooding to the adjacent buildings. Mr. Oreson explained that they are not displacing any real volume of water, that they purposely left the first floor open so that water can run through the garage and go to the catch basins. Jay Dounelly stated so there will be no substantial difference in the volume available. Mr. Oreson responded right. Jon Mazuy asked if the distance from the culvert, not covered to the building, is t00' Mr. Oreson stated yes. Dr. Johnson asked if any one from the public wished to speak. Joan Murphy of Longmeadow Road asked who is ultimately responsible for the culvert. Mr. Oveson explained that the City has the easements for most of the culverts at the north end of the property, however, the area is not defined well because the Shoe historically had rights. Joan Murphy asked who actually built the culvert. Mr. Oveson responded the Shoe. Joan Murphy stated that the community will eventually need that culvert to be widened, and asked who is going to construct it, and will the building be in the way. Mr. Oveson explained that the culvert will rununderneath the building, and stated that he has no idea who is responsible to widened the culvert, but can a culvert be widen, absolutely. Joan Murphy suggested that there be a legal determination regarding this culvert because she sees problems down the road, and asked Mr. Oreson if they have tested for silt in the upper pond. George Whitney addressed the Commission and stated that Chapter 91 does pertains to this project, that discussions have been ongoing, that there was a public hearing a month ago and there was an in- depth discussion regarding the walkway (public access), because it is tide lands and the public is entitled to go there. Mr. Oreson stated that there will be a walkway around the pond through to the school property. Mr. Whitney stated that it was agreed upon at the time of the public hearing that the license would indicate that the Beverly Harbor Management Authority and Conservation Commission will be responsible for the walkway, and noted that the plans are with the Planning Department. Mr. Oreson stated that Tina Cassidywould be involved because the area of the pathway is not in any effective areas. Mr. Whitney stated that he sees lots of people getting involved. Mr. Oveson stated that they intend to work with all parties concerned/involved. Mr. Whittney stated that we'll all be working together in this. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing on 181 Elliott Street, seconded by Pat Grimes and approved unanimously. New: 171 West Street - upgrade septic system/Cushing Bill Perkins, representing the Cushings addressed the Commission and explained a proposal to upgrade an existing septic system, and noted that PEP does not allow tight tanks unless there is no other alternative. Mr. Perkins explained that the option of connecting into City sewer is cost prohibited. Mr. Perkins explained that the reason that the applicant is here is the work, although outside the wetland, is within the buffer zone. Mr. Perkins stated that a sand filter will be installed, that the leaching field will take one month to construct, and that the area will be regraded and seeded. Mr. Perkins noted that the proposed plan has gone before the Board of Health and has been approved. Mr. Perkins stated that the applicant is here tonight to notify the Conservation Commission of the work area, and the fact that it will be within the buffer zone of marsh, but will be over 100' away from the coastal bank. Mr. Perkins stated that the system being proposed will continue to use a 300 gallon tank, and a sand filter. Pat Grimes asked if the work will be 50' from the edge of the buffer zone. Mr. Perkins explained that the closest they will get is 50' from the edge of the wetlands, but that the other work will be further than 50' from the wetlands. Mr. Perkins noted that they did propose haybales and silt fencing. Jay Donnelly stated that he wants the applicant to make sure that the method used for construction of the leaching field, and the way it is finished, doesn't cause any erosion to the buffer zone or the wetlands. Mr. Perkins explained that certain depths of excavation will be hauled away, some will be left on site to level the area off, to keep the leaching field level, and that they might have to haul some material in. Jay Donnelly asked if there will be a lot of movement. Mr. Perkins explained that there will be some movement, but that the area is 45' x 18' so not a very large area will be disturbed. Mr. Perkins also stated that there will be some regrading by the leaching field and some regrading by the sand filter, and that everything will be treated by code. Jay Donnelly asked when finished with construction will the applicant be doing anything special to prevent erosion. Mr. Perkins stated that they intend to put down seed. Jay Donnelly asked if any fabric will be placed down. Mr. Perkins stated no, that there will be plenty of time for the grass to grow, that it is not necessary for this time frame. Pat Grimes asked if there will be removal of any vegetation beyond the footprint. Mr. Parkings stated no, but that some soils will have to be taken out. Dr. Johnson 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 close the public hearing on 171 West Street, seconded by Pat Grimes and approved unanimously. Certificate of Compliance: Conifer Way/Jeffrey Bunk Debbie Hurlburt read a letter request for a Certificate of Compliance. (On File) Debbie Hurlburt stated that she has been out there several times during the course of construction, that she has not seen any problem when she did visit the site. Additionally she stated that they A motion was made by Jon Mazuy to issue a Certificate of Compliance for Conifer Way, seconded by Jay Donnelly and approved 4-0. 224 Elliott Street Debbie Hurlburr read a letter from Attorney Thomas Alexander dated June 29, 1998, requesting a partial Certificate of Compliance and an extension permit for the Order of Conditions for 224 Elliott Street. Attorney Thomas Alexander addressed the Commissionand respectfully requested an extension for the existing Order of Conditions, and explained that the work is done on the Stop & Shop site, but that McDonalds has recently put up a proposal for the site labeled retail B, and the applicant would like to extend the Order of Conditions for another 3 years or whatever appropriate. Attorney Alexander reviewed the site plan noting the future parcel B for 9,600 square feet. 8 A motion was made by Jon Mazuy to extend the existing Order of Conditions for one year for retail site B, seconded by Jay Donnelly and approved 4-0. Attorney Alexander explained that as part of the original Order of Conditions if any changes the applicant was to come back to the Board, and there are some changes. Attorney Alexander explained that basically an overlay was done, and the actual building will be smaller, so McDonalds will take up less impervious area, and more landscaping has been agreed to be done by the park. Jay Donnelly questioned the flow of drainage. Attorney Alexander stated that initially the drainage ran toward the river, but that McDonalds. wants to change the flow and direct it toward a filtration system of Stop & Shop's. Debbie Hurlburt stated that she talked with David Lang who explained to her that the Planning Board still has a public hearing in process, and that one of their primary concerns was the amount of trash McDonalds generates. He explained that the park has been discussed and it has been conditioned upon that McDonalds will voluntarily agree to clean-up the site two times a day, that a 4' stock-aid fence border will be put up by the park to catch garbage, and that there will be no signage on the side of the park. A motion was m~de by Jay Donnelly to accept the modification to the plan for the proposed Parcel B, seconded by Jon Mazuy and approved 4-0. Order of Conditions: 38 Paine Avenue The COmmisSion voted to issue (1) standard and coastal conditions for this project; and in addition' (2) that the recommendations of Rebecca Haney of Coastal Zone Management be included; (3) the applicant must return with a landscaping plan indicating how they intend to prevent run-off in the lawn areas where currently eroding; (4) that the plan is submitted within four months of this date or within three months of remediation of the bank; (5) the applicant must return with a finalized plan to be approved by the Conservation Commission before commencement of construction, showing the pool location, pool size, poolhouse and terrace to be done within six months. A motion was made by Jon Mazuy to approve the Order of Conditions for 38 Paine Avenue as agreed, seconded by Pat Grimes and approved 4-0. 181 Elliott Street The Commission voted to issue (1) standard and coastal conditions for this project; and in addition (2) the applicant must submit to the Conservation Commission and the Beverly Harbor Management Authority for final approval a more detailed plan of the proposed pathway that is to be developed; (3) there shall be no cement truck washout on site; (4) any soils excavated shall not be left on site over night; and (5) that an independent engineer be hired at the applicant's expense to inspect the culvert before and after construction, and repaired if necessary. A motion was made by Jon Mazuy to approve the Order of Conditions for 181 Elliott Street as agreed, seconded by Pat Grimes and approved 4-0. 171 West Street The Commission voted to issue standard conditions for this project. A motion was made by Jay Donnelly to approve the Order of Conditions for 171 West Street as agreed, seconded by Pat Grimes and approved 4-0. Old/New Business Debbie Hurlburr explained to the members that residents living between West Beach and Prides Beach are dumping large boulders over the seawall, and that she wants to write a letter and invite them in to explain why they are dumping boulders over the seawall. Apple Villaqe Debbie Hurlburr explained to the members that she sent a Cease and Desist notice to the owners of Apple Village and gave them a time frame in which to respond. Debbie stated that she spoke with the owner today and asked him what-he intends to do, and he said he didn't know it was a hurried job, that it's been there for 20 years and thought he had 90 days. Debbie suggested that the Conservation Commission write a letter to Marshall Hanley and pass the matter over to the City Solicitor. A motion was made by Jon Mazuy to have the Conservation Commission Administrator write a letter to Marshall Mandley recommending that he handle this matter, seconded by Pat Grimes and approved unanimously. 10 Gulf of Maine Debbie Hurlhurt explained to the members that she has received a letter from Gulf of Maine stating that they went to the Pre-Mearing Trial. Approval of Minutes: June 2, 1998 A motion was made by Jon Mazuy to approve the minutes of the June 2, 1998 meeting, seconded by Pat Grimes and approved unanimously. Adiournment A motion was made by Jon Mazuy to adjourn the meeting, seconded by Jay Donnelly and approved unanimously. Meeting was adjourned at 9:20 p.m. 11