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2000-10-30 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 30, 2000 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Richard Benevento BOARD MEMBERS ABSENT: Jon Mazuy, Pat Grimes, Jay Donnelly OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 91 Grover Street - retaining wall construction - William Botte, Jr. Lang states he has no objections to the proposed project, however he would like the applicant to stake out the area. He states he would approve on the condition that trees on the south end of the property line be saved. Benevento moves to issue a Negative #3 Determination of Applicability with the conditions that the area be staked out and not encroached beyond it, that the fill not exceed the length of the 5 foot rock on the north side, and that the trees on the south end of the property be maintained, seconded by Paluzzi. All members in favor. Motion carries. 236 East Lothrop Street - home addition - Donald Moca The applicant states he is proposing a 150 square foot addition to an existing dwelling. He intends to use a silt fence and haybales. Paluzzi asks when the applicant intends to commence work. He responds that he is not sure. Benevento moves to issue a Negative #3 Determination of Applicability with the condition that the applicant install a silt fence around the perimeter of the wet area, and the excavated soils kept away from the resource area and as far away from the buffer zone as possible, seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to recess for Public Hearing, seconded by Dr. Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes October 30, 2000 Page 2 Abbreviated Notice of Resource Area Delineation 254 Essex Street - Delineation - Beverly YMCA Mike DeRosa appears on behalf of the applicant. Lang states the Commission members visited the site. There was discussion on three of the flags on the north side. DeRosa responds that one was a drafting error. DeRosa states that he will be adding wetland flags pursuant to the Commission’s request. Lang asks if there are questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members in favor. Motion carries. Notice of Intent Brookwood Road - pond restoration - Brookwood School Mike DeRosa appears on behalf of the applicant and introduces Rick Chute, the Facilities Manager at the Brookwood School. He states he has been retained by the Brookwood School to prepare a Notice of Intent for the restoration of an existing pond. Thomas Neve and Associates prepared the plans. He states the pond was created about 30 years ago. It is approximately 3-4 feet deep. There has been no maintenance on the pond over the years and it has silted up. There are about 6 inches of pure water on the pond. The new project will create 11,000 square feet of new planting shelves around the pond. A detailed planting plan will be provided to the Commission. DeRosa identifies resource areas. He states the applicant is exempt from Army Corps. and only needs to deal with the state. DeRosa states he has spoken with Brad Chase from the Division of Marine Fisheries regarding the smelts. He learned that the smelts will not use the pond. They will use Chubb Creek because they like gravel river course. Chase suggested the applicant clean out the dead debris in Chubb Creek that creates backwater which will open up the area and create some more flow through and open up some good habitat. DeRosa states he is proposing to help the drainage of the pond in two ways: 1. During the spring, after the winter snow melts, the school gets pretty significant flooding. He is proposing to put in another 12-inch culvert, which will create more flow through, alleviate a flooding issue and get more water into the pond. Conservation Commission Meeting Minutes October 30, 2000 Page 3 2. Improve the outlet structure by putting in a spillway. It will get more water in the stream and create a better habitat for the smelt. DeRosa reviewed the planting plans. The planting will be maintained for 2-3 years after it has been planted to be sure no invasive plants take over. DeRosa reviewed the construction plan. Benevento asks if the applicant has met with Manchester Conservation Commission. DeRosa responds that he has not because the project is entirely in Beverly. Lang asks if there are questions from members of the public. Joan Murphy of 36 Longmeadow Road asks if adding the pipe and increasing the volume of water to the area, would exacerbate a flooding problem in the area. DeRosa responds that the contours will be changing slightly and a swale will be created which would direct the water through the cattails and the pond itself. He adds that the pond will have more storage. Benevento states it is not a question of volume – it is a question of rate. He states the burden of proof is on the applicant and people in the area need to be assured that they will not be flooded out. Lang asks DeRosa to prepare calculations. DeRosa asks if he can do the “quick rational method.” Lang responds that would be fine. Hurlburt asks how you separate organics from clay. DeRosa responds that organics sit right on top of the clay. You use a bulldozer to scrape it down to the clay (approximately 1 - 1 ½ feet). Hurlburt asks what time of the year the scraping takes place. DeRosa responds that the applicant talked about doing it during the winter because it is outside the growing season, the water flow can be controlled and diverted and seeding/planting can take place in the spring. Lang recommends scheduling a site visit. A site visit is scheduled to take place on Saturday, November 18, 2000 at 8:30 a.m. Benevento makes a motion to continue the hearing to November 27, 2000 pending a site walk on November 18, 2000 at 8:30 a.m., seconded by Paluzzi. All members in favor. Motion carries. 277R Hale Street - expansion of home, retaining wall, landscaping - George & Elizabeth Fisher Conservation Commission Meeting Minutes October 30, 2000 Page 4 Bob Griffin from Griffin Engineering appears on behalf of the applicants. He states the existing parcel is located on the south side of Hale Street. The wetlands close to the Fisher property is primarily a fresh water wetlands but as you get past the channel, it becomes more of a salt-water characteristic on the east side of the channel. The wetland line is delineated just beyond the bottom of the slope. There will be no disturbance of the wetlands. The applicant is proposing an expansion on the west side – attached garage, expansion of the driveway, landscaping and retaining wall. A site visit is scheduled to take place on November 18, 2000 at 9:30 a.m. Paluzzi moves to continue the hearing to November 27, 2000 pending a site visit on November 18, 2000 at 9:30 a.m., seconded by Dr. Johnson. All members in favor. Motion carries. 11 Shannon Lane - inground swimming pool - Michael Bushey Steve Zagorski from Gunite Pools appears on behalf of the applicant. The applicant is proposing installation of an inground pool (18 x 30 foot) on an existing lawn approximately 80 feet from the wetlands. He states he intends to use hay bales and a silt fence and will not stockpile anything on the site. What comes out of the pool area will be trucked off site. Lang asks how many trees will be removed. Zworski responds three small maple trees will need to come down. th Lang recommends scheduling a site visit on November 18 and putting this on the November 27, 2000 agenda. Paluzzi moves to continue the hearing until November 27, 2000 pending a site visit on November 18, 2000 at 10:00 a.m. seconded by Johnson. All members in favor. Motion carries. 275 Hale Street - inground swimming pool, retaining wall, landscaping - Silsby Angela Silsby, landscape designer appears on behalf of the applicant, Mr. Douglas. She states the applicant is proposing construction of an in-ground pool in the buffer zone. A botanist has visited the site and designated the coastal bank. Lang asks how far the pool would be from the sensitive area. Silsby responds approximately 35 to 40 feet. Lang recommends visiting the site on November 18, 2000. Silsby asks if the Conservation Commission finds a boardwalk desirable. Lang responds that there are probably mixed views regarding boardwalks. It could be rational for the area, to keep people walking in one area. Conservation Commission Meeting Minutes October 30, 2000 Page 5 Dr. Johnson asks how many people walking to the ocean. Douglas responds approximately 100 people over the course of the summer months. Benevento states that often times the reason boardwalks are constructed is to keep salt grass and other vegetation from getting damaged. Benevento moves to continue the hearing to November 27, 2000 pending a site visit on November 18, 2000, seconded by Paluzzi. All members in favor. Motion carries. Old/New Business 130 Lothrop Street Hurlburt states that the Conservation Commission hand delivered a letter to the DeCosters requesting they file a Request For Determination. She received a telephone call from the DeCoster’s attorney stating they could not file in time, however, she would attend the next meeting to clarify the issues. Attorney Jill Mann appears on behalf of the DeCosters. She states there has been an allegation that the DeCosters are not in compliance with Chapter 131 Section 40 due to replacement of an existing fence. She states the applicant replaced an existing fence along the boundary line with no change in any elevations. Four bushes were planted against the deck. She states the home adjacent to the DeCoster’s has a very large dog and the fence is essential. A Certificate of Compliance was issued by DEP in December of 1992 which included the house and fence. Ms. Mann provides pictures of the property to Commission members. Hurlburt reads from a DEP letter dated July 20, 1993. She states the Commission has asked the applicant to file a Determination and that is what the issue is. Hurlburt states the DEP has defined the property as jurisdictional land and any work would require a permit. Ms. Mann responds that she does not think it is necessary to do so. Lang states he is not certain that there is any difference in overall hydrology by changing the fence, but does request the applicant file a Request for Determination. After seeing the property, he does not think the fence is a big issue. The biggest issue is the wall – it is higher than everything else. He states that there are many drainage issues with this property. Tony Musanti, an abutter, states she has a history of the project since 1991. She is concerned about the pumping. She states she has spoken with the City Solicitor about the area and he is looking into it. She thinks this is about storm storage. Lang states the problem is that there is no outlet for the water to go. He recommends that the Conservation Commission send a letter to the Department of Public Works. There are sanitary issues that should be fixed. Conservation Commission Meeting Minutes October 30, 2000 Page 6 Benevento questions if this is a DPW issue or did people build their houses in the wrong place? Musanti states the City Council voted to fix the problem and nothing has been done. Hurlburt states that Michael Collins is the new DPW Director and recommends contacting him. She reiterated that the DeCosters should know this is a jurisdictional area. Attorney Mann states she will file a Request for Determination. Paluzzi moves to send a letter to the DPW Director outlining the historical problem, requesting evaluation of the area and taking whatever means necessary to correct the flooding problem, seconded by Benevento. All members in favor. Motion carries. Review and acceptance of Homeowner’s Association & Maintenance Schedule for Meeting Place Circle Hurlburt states one of the conditions of Meeting Place Circle’s Order of Conditions was to require the developer to submit a storm water management maintenance plan. Hurlburt states the developer has provided a copy of the Homeowner’s Association Agreement for the storm water management system. Lang states he will approve the Homeowner’s Association Agreement on the condition that the City Solicitor reviews it. Hurlburt gives a historical prospective regarding this Agreement and states that DEP said it wanted a letter from the city stating that it would be responsible for maintaining the system. The city responded that it would not take the liability. DEP said the only way it would accept it was to put together a Homeowner’s Association Agreement. Benevento states he believes the responsibility would rest on where the device is located, regardless of the formation of a Homeowner’s Association. He states a Homeowner’s Association is floating around in space. He asks who you contact in the event of a problem? Dr. Johnson states it would be reasonable for the Commission to approve it contingent upon City Solicitor’s review and approval. Paluzzi moves to accept the Homeowner’s Maintenance Plan contingent upon City Solicitor’s approval, seconded by Dr. Johnson. All members in favor. Motion carries. Emergency Certification ratification - City of Beverly-Chubbs Brook Conservation Commission Meeting Minutes October 30, 2000 Page 7 Hurlburt states on October 17, 2000 there was a request from DPW Director, Michael Collins, to repair a 12-inch water main on West Street. She reads a letter from Collins into record. Conservation Commission Chairman, David Lang gave his approval of Emergency Certification. Benevento moves to ratify the Emergency Certification for work conducted on West Street, seconded by Paluzzi. All members in favor. Motion carries. Documentation for Maritimes & Northeast pipelines Hurlburt states the Commission has received documentation from Maritimes & Northeast Pipelines and Algonquin Gas Transmission Company regarding a proposed pipeline that is to go through several communities. The Commission has the ability to intervene. Benevento moves to intervene on the Maritimes & Northeast Pipelines and Algonquin Gas Transmission Company proposed pipeline, seconded by Paluzzi. All members in favor. Motion carries. Brookwood School - Planting Schedule Hurlburt states the applicant sent a letter requesting to plant indigenous species in the spring. She reads the letter into record. Paluzzi moves to allow the applicant to plant the indigenous species in the spring, seconded by Benevento. All members in favor. Motion carries. Other Hurlburt states the Conservation Commission was sent a copy of a letter from the residents of Lexington Drive to the Commissioner of Public Works. She reads the letter into record. The residents express concern about a brook (flooding, pollution, etc.) and recommend a solution of installing a pipe. Hurlburt states it is not general policy to pipe brooks and asks how the Commission would like to proceed. Benevento states the residents have the right to file a Notice of Intent. Lang states if there are chemical odors, etc., piping the brook will not solve the problem. Benevento states if there are concerns regarding chemical odors, this is a Board of Health issue. The Commission agrees to schedule a site visit on November 18, 2000 at 10:30 a.m. Hurlburt states she will contact the residents who sent the letter and inform them that they may file a Notice of Intent and invite them to the site visit. Conservation Commission Meeting Minutes October 30, 2000 Page 8 Salem City Council Request Hurlburt states the Salem City Council requested copies of all Beverly Conservation Commission agendas. They want to see what is happening around the Salem Beverly water supply. Technical Assistance Grants from DEP Lang offers to research this further . Hawk Hill Estates - Appeal Hurlburt states residents and abutters have appealed the Hawk Hill Estates decision. Benevento expresses disappointment and frustration because there were some good conditions. Now they are going to cut every tree down and make a mess and the Commission will not be able to do one thing about it. Lang states the applicant originally stated he could not meet the Commission’s conditions. He discussed making some changes and requested to be on tonight’s agenda. After finding out about the appeal, he said he too would appeal the Order of Conditions. 5 Nicole Avenue Hurlburt states the Commission received a letter regarding 5 Nicole Avenue from Tom Carnevale. She reads the letter into record. Carnevale states that he sold a lot and the new owner of the lot has changed the grade of the lot, which has affected his property. The Commission agrees to visit the site on November 18, 2000. Norwood Pond Dam The Commission reviewed pictures of the Norwood Pond Dam. Kampersal continues to express concern about safety. Lang responds that the dam looks very stable. He adds that this is not the jurisdiction of the Conservation Commission. Kampersal expresses concern about an orange stream from leache. Lang responds that he has visited the dam and has not observed any leache, however he will revisit the dam. Approval of Minutes Benevento moves to approve the minutes dated October 10, 2000, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes October 30, 2000 Page 9 Benevento moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries. The meeting adjourns at 10:15 p.m.