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2000-11-27Draft CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 27, 2000 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Richard Benevento, Pat Grimes BOARD MEMBERS ABSENT: Jon Mazuy, 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 Beaver Pond Road - Road repaving - John Drislane Elizabeth Wallace from Hayes Engineering appears on behalf of the applicant. She states the applicant is before the Conservation Commission to consider a Request for Determination to repave Beaver Pond Road in its entirety. She states the proposal is to scarify the existing areas of pavement on the roadway and place upon it new pavement. Wallace identifies wetland areas in the vicinity of Beaver Pond Road and states the applicant will install erosion control fencing. The work is expected to commence in the spring. Lang asks if there will be curbing. Wallace responds that curbing is not being proposed. Grimes asks how much additional traffic there will be on the road. Mr. Drislane responds he’s not sure but states there will be a number of speed bumps on the road, which will deter traffic. There are four new homes being built. Carmen Frattaroli states he has lived on Beaver Pond Road for the last 20 years and for the past 15 years has been in charge of the homeowner’s association to maintain the road. The road itself was paved 40 - 50 years ago and it has never been repaved. He states there are currently 12 homes on the road. Four new homes will be built. Paluzzi asks if there will be a change of grade. Wallace responds that there will not be a change in grade. Dr. Johnson asks if all abutters have been notified. Frattaroli responds that the residents are aware of the proposed repaving. Conservation Commission Meeting Minutes November 27, 2000 Page 2 Paluzzi moves to close and issue a Negative #3 Determination of Applicability, seconded by Benevento. All members in favor. Motion carries. 130 Lothrop Street - fence installation & shrub planting - Andrew DeCoster Attorney Jill Mann appears before the Commission on behalf of her client, Andrew DeCoster. The applicant installed a fence and planted some shrubbery without obtaining a permit and the Commission requested that the applicant file a Request for Determination of Applicability. Mann provides a brief summary. Lang asks if there are questions from the public. Tony Musanti, abutter to the applicant states she is concerned about the pump that remains at 130 Lothrop Street. Lang asks Frank Killilea, City Engineer for his opinion. Killilea responds that he met last week with Ms. Musanti and Councilor McGlynn regarding the flooding issues. He states he will have a consultant evaluate the issues in the area by the end of the year. Benevento moves to close and issue a Negative #3 Determination of Applicability, seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to lift the Enforcement Order that was issued, seconded by Grimes. All members in favor. Motion carries. 254 Essex Street - percolation test pits - YMCA - Sterling Center Mike DeRosa appears on behalf of the applicant. He introduces Dave Gossling from Meridian Engineering and Chris Levasco from the YMCA. He states the applicant is proposing to do test pits with a rubber tire back hoe to look at subsurface soils in order to design the storm water management plan for the upcoming Notice of Intent for the project. Grimes asks if the test pits will be back filled. DeRosa responds that everything will be closed on the same day that it is opened and the work will be complete within 2 - 3 days. Paluzzi asks if there will be any cutting of trees. DeRosa responds that there will be no cutting of trees. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close and issue a Negative #3 Determination of Applicability, seconded by Grimes. All members in favor. Motion carries. Conservation Commission Meeting Minutes November 27, 2000 Page 3 Paluzzi moves to recess for Public Hearing, seconded by Benevento. All members in favor. Motion carries. Notice of Intent Brookwood Road - pond restoration - Brookwood School Mike DeRosa appears on behalf of the applicant regarding a request to restore an existing pond. He states there was a site walk and the Commission had three requests. 1. The addition of twin 12-inch pipes to allow flow so the brook does not back up onto the driveway as it does as an existing condition. That has been added to the plan. 2. Figure out the drainage basin that contributes to the west side of the pond. Neve Associates calculated the basin as 130 acres. 3. Speak with Brad Chase regarding the impacts that might be imposed on the fisheries in Chubb Brook. He states he has left messages for Mr. Chase but has not yet heard from him. He states the issue of impacting Chubb Brook from a short span will not be a problem. DeRosa states the Commission could make this a condition. Dr. Johnson states when he visited the site there were approximately 30 cars parked along the side of the road by the pond. He asks if the plan allows for cars to park so close to the pond. DeRosa responds that what runoff there is from Brookwood Road is so minimal to the pond, he does not perceive it to be a long-term problem. He states if people parked there day after day, it might be a concern. There is discussion about establishing a no parking zone. Lang asks if there are questions from the public. There are none. Paluzzi moves to close the public hearing, seconded by Grimes. All members in favor. Motion carries. 277R Hale Street - expansion of home, retaining wall, landscaping - George & Elizabeth Fisher Bob Griffin from Griffin Engineering appears on behalf of the applicants. He introduces Thad Siemasko, the Project Architect. Griffin states there was a site walk and the Commission raised some questions regarding the design of the terrace and concrete retaining wall behind the garage. Conservation Commission Meeting Minutes November 27, 2000 Page 4 He provides construction details prepared by the architect and reviews the plan. Griffin notes other revisions to the plan as follows: · By redesigning the south side of the terrace wall, the applicant will be able to save two large oak trees. · The wood deck behind the existing building will be supported by wooden posts. · A minor change to the stoop between the garage and the main entrance of the house. · An addition of a flaring of the road leaving the existing garage that was not on the prior plan. Lang asks if there are questions from the public. There are none. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 10 Shannon Lane - inground swimming pool - Michael Bushey The applicant commented that this hearing was continued from the last one so that members could conduct a site inspection. The applicant states he would like to install an in-ground pool. He states he marked the trees to be removed. Paluzzi moves to close the hearing, seconded by Johnson. All members in favor. Motion carries. 275 Hale Street - in-ground swimming pool, retaining wall, landscaping - Silsby Angela Silsby, Landscape Designer appears on behalf of the applicant. She provides a planting plan. She states at the site walk the Conservation Commission raised four issues: 1. Conservation Commission asked the applicant to delineate the area and indicate where the snow fence would go. 2. Show which ewes would be removed. Four small and one large ewe would need to come out. 3. Explain how to remove poison ivy. Either gloves and Roundup or dig the poison ivy out. 4. Add crushed stone to access road. Lang asked for the plan to show where the coastal beach ends. He states he is still struggling with the definition of coastal dune and reads the definition from the Regulations. He states part of the pool and deck will be resting on the coastal dune and it’s either a coastal dune or not. Silsby responds that by virtue of the plants, she considers it a very stable area. Lang states whether it is a coastal dune or coastal beach, it is still a resource area and you cannot build within 100 feet of it. By altering it, it would seem to be problematic. He recommends that Conservation Commission Meeting Minutes November 27, 2000 Page 5 the applicant consider continuing the hearing and talking with the wetlands botanist – to tell the Commission why it is not regulated. Dr. Johnson states there is a sea wall that has been covered over with sand and he is concerned that the Commission recognizes that it is a sea wall and in future years with further erosion, we not put ourselves in a position to approve an extension or elevation of the sea wall to protect the pool. Grimes references 310 CMR, Chapter 10-26, 10-27 and 10-28. Benevento recommends that Silsby speak with Coastal Zone Management’s (CZM) to get an opinion. He states the applicant must convince a majority of the Commission that it is either a coastal dune or not. If it is, the applicant must prove that the proposed work is not going to impact the coastal dune. That means that either the project must be pulled out of the area or if the applicant is in the area, how do you mitigate it? The applicant agrees to request that the hearing be continued. She will invite a representative from CZM to provide her opinion. Dr. Johnson moves to continue the hearing to January 9, 2001, seconded by Paluzzi. All members in favor. Motion carries. Meadow Road/Lot 10 - BVW filling & home construction - Pica Mark Jacobs, Senior Wetlands Manager appears on behalf of the applicant. He states in 1986 an Order of Conditions was issued. The house was not constructed, however, the replication area was constructed. A Certificate of Compliance was never either required or obtained for the replacement wetland area. He states the applicant recently applied for and obtained a Certificate of Compliance. The applicant is before the Commission with a Notice of Intent and Order of Conditions to construct a home and create replacement wetlands (1,776 square feet) adjacent to the home. The total of the two wetlands is 2,826 square feet of replacement wetlands. The wetlands were delineated in 1998. Jacobs identified a 50-foot right of way utility easement. Benevento asks if the applicant is proposing to build the replicated area before doing other work. Jacobs responds that the construction sequence notes that the replication area must be completed before constructing the house. Benevento asks how close the house is to the retaining wall. Jacobs responds that it is approximately 4 - 5 feet. Benevento states access on that side of the house is very close and a real issue. Jacobs admits that it is a bit of a squeeze, but not insurmountable. Benevento asks what the square footage of the house is. Jacobs responds that it is approximately 1,400 square feet, excluding the garage. Pica states the house is varying in elevations. Benevento clarifies that the house footprint is about 1,500 square feet, but the total house living area is about Conservation Commission Meeting Minutes November 27, 2000 Page 6 3,000 square feet. Jacobs states Mr. Pica is trying to build something in keeping with the neighborhood. Benevento asks if it would be easier to select a different shaped house. He states he does not like where the house is located now. There is discussion regarding the setback requirements limiting the location of the house and possible alternatives. A site visit is scheduled to take place on December 9, 2000 at 10:00 a.m. Benevento asks for the four corners of the house to be staked. Lang asks for the proposed replication area to be staked. Hurlburt states the applicant might be able to prove a hardship to the Zoning Board of Appeals. Benevento moves to continue the hearing, seconded by Paluzzi. All members in favor. Motion carries. Certificate of Compliance DEP File #5-680 - Chubb Point/Ocean - Worldwide Telecom Hurlburt states that the Commission issued an Order of Conditions for work in the ocean for Worldwide Telecom. The Commission ordered Special Conditions and has received a letter stating that the work has been completed. Benevento moves to approve the Certificate of Compliance for Chubb Point/Ocean - Worldwide Telecom - DEP File #5-680, seconded by Paluzzi. All members in favor. Motion carries. Order of Conditions Brookwood Road - pond restoration - Brookwood School Paluzzi moves to issue the following conditions: 1. Standard, 2. Applicant shall send a letter to Brad Chase to request his opinion regarding the impact splitting the storm water will impact the stream flow, especially during low flow periods and its impact on migratory fish, 3. Prior to construction the applicant shall submit a construction phasing and sequencing plan, which will detail sediment removal, protection of wildlife habitat, restocking and replenishment of habitat and dewatering. Conservation Commission Meeting Minutes November 27, 2000 Page 7 Seconded by Grimes. All members in favor. Motion carries. 277R Hale Street - expansion of home, retaining wall, landscaping - George & Elizabeth Fisher Benevento moves to issue the following conditions: 1. Standard Conditions, 2. Work area must be within a 50-foot area or within property boundaries whichever is less. Work area must be established by identification by construction tape. Seconded by Paluzzi. All members in favor. Motion carries. 10 Shannon Lane Paluzzi moves to issue the following conditions: 1. Standard Conditions. Seconded by Dr. Johnson. All members in favor. Motion carries. End of Cogswell Avenue - Violation of Order of Conditions Hurlburt states she received a call from someone indicating that someone was doing work on Cogswell Avenue. She was supposed to be notified 48 hours in advance of commencement of work and was not notified. She sent the building inspector to the site and he issued a stop work order. Hurlburt states she spoke with Mr. Faust regarding the installation of hay bales and silt fence, which subsequently were installed. Trees have been cut down and the applicant had not filed the Order of Conditions with the Registry of Deeds. An Enforcement Order was issued because none of the conditions were met. Pictures are provided to members for review. Mr. Peter Scouras, the buyer of the lot states he made a last minute request to the owner of the lot, Mr. Faust, to cut trees. He states he just removed trees and does not intend to do any other work. Benevento asks if Mr. Scouras owns the lot yet. He responds that he does not. Benevento explains the severity of the situation to the applicant. Paluzzi asks if the Order of Conditions has been filed. Hurlburt responds that it has been filed. Hurlburt states it is distressing to see this happen but adds that the applicant has been cooperative. Benevento moves to lift the Enforcement Order, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes November 27, 2000 Page 8 Hurlburt reminds the applicant to notify her 48 hours prior to commencement of any work. Old/New Business Landfill Frank Killilea states on April 11, 2000 he came before the Commission with an update on the status of the landfill’s operation. He states he would like to give a final report of the vegetation and landfill conditions. He introduces Bob Winn, Project Manager from Malcolm Pernie and Joan Hanson, Professional Wetlands Specialist. Winn provided a written report regarding the wetlands on the site. Hanson states she inspected each wetland and buffer area. All wetlands have revegetated. There are 10 wetlands. The consensus is that vegetated coverage in each of the wetland areas is greater than 85%, which is what the Order of Conditions requires. The wetlands increased on the site by ¼ acre. Lang recommends accepting the update report and scheduling a site walk. Winn states he would like permission to request a Certificate of Compliance. Killilea states the city is holding money from the contractor for any corrective action the Commission may require. Hurlburt states two things have to happen before signing off on this matter: first, the Conservation Commission must visit the site and second, there should be an As Built and letter. Killilea responds that he will provide the Site Plan and As Builts to the Conservation Commission. Dr. Johnson asks if the increase in wetland size will stabilize or continue to increase over time. Hanson responds that wetlands are dynamic and it depends on the hydrology. They may fluctuate, however minimally. Lang asks if there are any questions from the public. There are none. Lang states he would like a historical delineation and existing conditions of Wetland A and As Built for all of the wetland systems. A site walk is scheduled to take place on December 9, 2000 at 9:00 a.m. Conservation Commission Meeting Minutes November 27, 2000 Page 9 Vitale Site Hurlburt states she received a letter from Ransom Environmental regarding the Vitale chemical site stating they will have a response to comments on or before 12/1/00. Endicott College Hurlburt states the Pre-hearing Conference is scheduled to take place on December 14, 2000 in Boston. If the Commission wishes to intervene, a representative must attend the meeting. She provides copies of the appeal to members. Varian Hurlburt states she received a copy of a letter from Varian to the City Solicitor, Marshall Handly regarding Marshall’s letter of comments written by the city. Hill Street There is discussion about an odor on Hill Street. Lang states he will speak with one of the residents. Other Conservation Commission Web Page Hurlburt states she is working on developing a Web Page and have drafted one for the Conservation Commission and is looking for comments from members. By Law Hurlburt states she plans to work on the By law this month and will update the members at the next meeting. Airport Commission Lang states he spoke with Hurlburt regarding obtaining a copy of the Airport Commission Master Plan. There is discussion regarding the Airport Commission’s desire to elongate the runway. Hurlburt states they would have to disturb approximately 20,000 square feet of wetlands. Lang requests Hurlburt to obtain a copy of the Master Plan for discussion at the next meeting. Conservation Commission Meeting Minutes November 27, 2000 Page 10 Open Space Acquisition There was discussion regarding the possibility of the city acquiring land for open space uses. Approval of Minutes Benevento moves to approve the minutes dated October 30, 2000, seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to adjourn, seconded by Johnson. All members in favor. Motion carries. The meeting adjourns at 9:45 p.m.