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2000-07-11 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission July 11, 2000 Chairman David Lang, Anthony Paluzzi, Jay Donnelly, Dr. Mayo Johnson, and Richard Benevento Patricia Grimes and Jon Mazuy Debra Hurlburt, Assistant Planning Director Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 11 Shannon Lane - pool installation - Forman Ms. Forman of 11 Shannon Lane states she would like to install a 28-foot above ground pool approximately 50 feet from the resource area. Donnelly asks if the work will change any of the existing grades. The applicant responds that the change in grade will be slight. Dr. Johnson asks if any trees will be cut. The applicant responds that only a couple trees will be cut. Lang asks if there are any questions from the public. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Benevento. All members in favor. Motion carries. 1 Boxwood Lane - driveway Oavinll, deck stairs - Burke Ms. Burke of 1 Boxwood Lane states she is proposing adding a landing of stairs off the deck and paving the driveway, which is currently crashed stone and stone dust. No excavation will be required. Conservation Commission Meeting Minutes July 11, 2000 Page 2 Donnelly asks how far away the staircase is from the Resource Area. The applicant responds approximately three feet. Dr. Johnson recommends checking the previous Order of Conditions to be sure there was not a requirement for the driveway to be a permeable surface. Hurlburt researches this and there is no such requirement on record. Lang asks if there are any questions from the public. There are none. Dr. Johnson moves to issue a Negative Determination #3 with the condition that the deck maintains a distance of 4 feet from the resource area, seconded by Benevento. All members in favor. Motion carries. Abbreviated Notice of Resource Area Delineation 65 Beaver Pond Road - wetlands delineation - Livermore Elizabeth Wallis, Wetlands Scientist from Hayes Engineering represents the applicant. She states there have been several hearings and site walks. She has revised the plans as the Commission requested as follows: Flag changes; Adjusted buffer zone; Revised 200 foot river front area; and Addition of flags El4 and adjustment of flag R5. Lang states he would like to see flags J8 - J35 moved 5 feet. Wallis agrees to make the change. 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. 376 Hale Street - wetlands delineation - Endicott College John Dick from Hancock Environmental appears on behalf of the applicant, Endicott College. He introduces Joe Orzol from Gulf of Maine Research Center. Dick states four areas have been reviewed: 1. System A - certified vernal pool 1238 (outside the 100-foot buffer zone). 2. System B - Army Corps. of Engineers jurisdiction; 3. System Z - Applicant intends to alter and do replication at another location. An application has been submitted to the Army Corps. of Engineers; 4. System Y - 283 square foot wetland. It is surrounded by hay bales and the applicant intends to replicate. Conservation Commission Meeting Minutes July 11, 2000 Page 3 Dick states he provided a Storm Water Management Plan. Lang asks if there are questions from the public. Renee Mary, 274 Hale Street expresses concern regarding accuracy of dimensions, impact of the project on two vernal pools, and the impact chemicals (road salt) will have on the salamanders and other wildlife. Curt Mahlstead, 332 Hale Street expresses concern regarding the method of notification of abutters to the project. He states he has no real way of getting information. Mahlstead states he is concerned about what happens when the temporary units are removed. Lang responds that Mr. Mahlstead has been involved in the process since the beginning and has attended site walks. Lang explains that the role of the Conservation Commission is to look at the flags to determine if they are accurate. A resident of 228 Hale Street expresses concern that the applicant is disturbing the landscape and water is running down to the vernal pool. Councilor John Murray, 14 Greenwood Avenue asks what safeguards the applicant intends to provide to ensure proper maintenance of the basin. Benevento asks Mr. Dick if he is required to use Best Management Practices (BMPs). Dick responds that the applicant is not required to use BMPs because it is outside the buffer zone, but decided to do so. He states that if the Conservation Commission wanted the applicant to do more (i.e. plantings, etc.) he is sure the applicant would be willing to consider it, however, it would have to file a Notice of Intent. Lang states the Conservation Commission is in a very interesting dilemma. The Commission is here to determine wetlands, however, it wants to protect the vernal pools. Benevento states it would be a gross waste of time if the applicant files a Notice of Intent and goes through due diligence to make the plan better and then if an appeal is filed, that the process takes many months. Dr. Johnson moves to close the hearing, seconded by Benevento. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 11, 2000 Page 4 Notice of Intent 35 Standlev Street - driveway improvements, parking lot, tennis court - Waring School John Scott from Frost-Rist-Shumway Engineering appears on behalf of the applicant, Waring School. He states the plans have been altered since the last meeting. The changes are detailed as follows: Parking lot will be paved with pourous material which allows for percolation and decreased storm water runoff. Originally proposed two small catch basins. Instead of that proposal, the applicant is proposing to construct a stone filled trench, which will absorb water gradually. Addition of curb cuts. Pourous parking lot material will absorb first three inches of rainstorm without any runoff. Scott provided calculations for the 2, 10, 25 and 100-year storms. He states they fall short on the 2, 10 and 25 year storm calculations, however, it is permissible to waive for a redevelopment project. Benevento states waivers are a hardship case. He states he recommended the applicant consider moving the parking lot to the other part of the ball field. He has a problem with the location of the parking lot but he has a bigger problem voting to approve something when requested to waive requirements. Scott responds that the students already park there and there will be no population increase at the school. He adds this is an issue of circulation and aesthetics. Benevento sites his concerns of water quality and runoff for 2, 10 and 25 years storms dont meet the requirements. Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street reminds the Commission of the impact the project would have downstream and its cumulative effects. Scott states the applicant meets the requirement for not increasing downstream flooding. Peter Smick from the Waring School states that there is periodic flooding and he believes the biggest problem is that the culverts are too small to accommodate water flow. He adds that the design and location of the parking is part of an overall campus plan that has been carefully worked Conservation Commission Meeting Minutes July 11, 2000 Page 5 out. Placement of parking is rather important for circulation of traffic in the school and if they can not put the parking lot where proposed, they would have to go back to the drawing board. He states the current plan works for the needs of the school. Paluzzi moves to close the hearing, seconded by Donnelly. All members in favor. Motion carries. 357 Hale Street - plan modification. pool & coastal bank - Shields Attorney Thomas Alexander appears on behalf of his clients John and Judy Shields. He states the Conservation Commission approved an Order of Conditions to allow stabilization of a coastal bank to keep the house (circa 1896) from eroding into the ocean. The applicant discovered that what the Conservation Commission had originally approved was not adequate to save the house. Attorney Alexander cited from the regulations stating that the house existed at its location prior to the promulgation of the Regulations and therefore the applicant should be allowed to stabilize the coastal bank. Alexander introduced Peter Rosen, a geologist, Chairman of Northeastern Geology Department and specialist in coastal geology. Rosen states the project was partially completed. He states he has examined the site. The wall was designed to anchor to bedrock and it appears that bedrock is hanging in air. Rosen recommends extending the wall by 50 additional feet. Dr. Johnson asks Rosen how much beach erosion there has been since 1896. Rosen responds that there was a relatively small amount of erosion. The engineer expresses his concern that the septic system is only several feet away from the edge of the bank. Lang asks Rosens opinion of the stability of the bank if nothing is done. Rosen responds that is a matter of the frequency of storms. Lang asks why the applicant is planning to put in a pool if the area is unstable. Rosen responds that is not the issue. Lang asks if there are questions from the public. There are none. Benevento moves to close the hearing, seconded by Donnelly. All members in favor. Motion carries. 70 Balch Street - footbridge - City of Beverly Tina Cassidy, Planning Department Director, appears on behalf of the City of Beverly to request permission to build a footbridge behind the new James McKeown School. The proposed work would be in the buffer zone. Cassidy states that Cummings Properties is in the process of constructing a walkway as a condition of Chapter 91. Cassidy states that she has met with Conservation Commission Meeting Minutes July 11, 2000 Page 6 Harbor Management Authority and they are pursuing an opportunity to build a footbridge. The plan is to take a path of least resistance and that meets the requirements of the ADA. The dimensions of the footbridge - 30 feet (long) by five feet (wide). There would be minor regrading and some fill associated with excavation. Cassidy asks if the Conservation Commission would entertain keeping excess materials on site. Lang responds that the materials could be used to loam and seed somewhere else. Cassidy states if the city can excavate and buy the materials in a timely manner, the city has an opportunity to use Americorp to construct the footbridge at no cost. 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. 482 Elliott Street - pipe installation - City of Beverly [Mr. Benevento recuses himself from this portion of the meeting.] Frank Killilea, City Engineer appears before the Commission to request permission to install a 24-inch reinforced concrete pipe along 482 Elliott Street. There is an intermittent stream across the street that flows into a pond area and then through a culvert under Route 62. The resident of 482 Elliott Street has granted the city permission to perform the work. Lang asks if there are questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Donnelly. All in favor. Benevento abstains. Motion carries. [Benevento returns to the meeting.] Beaver Pond Road/Lot 20 - driveway - Livermore Elizabeth Wallis from Hayes Engineer appears on behalf of the applicant. Wallis states the applicant is requesting permission to construct a driveway within the buffer zone and river front area. Waldas describes several changes made to the plan. She changed location of flags, revised buffer zone lines, added flags, added mean high water line flags and adjusted river front area. She states there is a reduction in the amount of disturbance from 5,000 square feet to 4,850 square feet. The proposed driveway will access off Beaver Pond Road. Conservation Commission Meeting Minutes July 11, 2000 Page 7 Donnelly asks why the engineer is proposing accessing the lot this way. Wallis responds that this is the only possible option for accessing the lot. Lang recommends scheduling a site visit. A site visit is scheduled to take place July 2nd at 8:30 Lang asks if there are any questions from the public. There are none. Benevento moves to continue the public heating on this application to the next regular meeting of the Commission, seconded by Palluzzi. All members in favor. Motion carries. 4 Cavendish Square - grading activities/replication & deck - Bernfeld [Donnelly recuses himself from this portion of the meeting.] Bill Manuel appears on behalf of the applicant. He states the applicant, Mr. Bernfeld recently appeared before the Commission for a Determination of Applicability and is now filing a Notice of Intent to conduct grading activities to allow for a more usable back yard, replication and build a deck. Manuel states he incorporated some of the comments from the Conservation Commissions site visit and has made changes to the plans which are as follows: Added 4 new flags. 1-1 rip rap slope along hay bale on the upland side of the wetland line. 430 square feet of wetlands affected. Will replicate wetlands. The applicant might want to expand the deck in a few years. The detail was added to the plan. Submitted a replication plan. Mr. Bernfield states if he does not start the work in September, he will wait until next spring to start the work. The Commission advises the applicant that he must build the addition to the deck within the next three years because the Notice of Intent has a three-year expiration date. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Benevento. All members in favor. Donnelly abstains. [Donnelly returns to the meeting.] Conservation Commission Meeting Minutes July 11, 2000 Page 8 9 Curtis Point Road - bank stabilization - Jerabek Joe Talbot from Talbot Landscaping appears on behalf of the applicant. The applicant has revised its plan and is now seeking to stabilize the bank with loam and some plantings, pursuant to the recommendations of Rebecca Haney, a Coastal Zone Management geologist because of the denial from the last Order of Conditions. He states some support is needed in the lower corner and would have to stabilize it with rocks in a small area (25 - 30 feet wide and 6 - 8 feet high). Talbot states he has incorporated all of the Commissions and Coastal Zone Managements comments. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Donnelly. All members in favor. Motion carries. 1012 Hale Street - new sanitary sewer system - Brookwood School Greg Hochmutch from Thomas Neve & Associates appears on behalf of the applicant. Hochmntch states the applicant is requesting permission to install a new sanitary sewer system for an existing 4-bedroom dwelling. The current system is failing. There is no proposed increase in design flow. Lang asks if there are any questions from the public. There are none. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Order of Conditions 65 Beaver Pond Road - wetlands ddineation - Livermore Benevento moves to approve the Resource Area Delineation as modified pending review of flags J8 - J25, ,seconded by Paluzzi. All members in favor. Motion carries. 376 Hale Street - wetlands delineation - Endicott College Paluzzi moves to approve the Resource Area Delineation as accurate, however, would like the applicant to look at additional storm water improvements to prevent road salt into the vernal pools. 35 Standley Street - driveway improvements, parking lot, tennis court - Waring School Lang expresses concern about additional runoff and that there is no place to put storm water management. Benevento states this is a matter of precedent and has a problem approving a project when there are other alternatives. He states he can not vote in favor of this plan. Conservation Commission Meeting Minutes July 11, 2000 Page 9 Donnelly moves to approve with the standard conditions, seconded by Paluzzi. Donnelly, Paluzzi and Lang in favor. Benevento and Dr. Johnson opposed. Motion carries (3-2). 357 Hale Street - plan modification - pool & coastal bank - Shields Dr. Johnson states that Mr. Rosen made a good case but did not answer all of his questions. Donnelly states the Commission has already approved the project and it should not be left half done. He adds the applicant should be able to protect his property. Lang states he was confused by Mr. Rosens testimony and is not sure if the house is in jeopardy. He questions the decision to build a pool in an area deemed unstable and agrees with Dr. Johnsons sentiments. Lang adds that two recent decisions on the same topic have been upheld by the DEP. Benevento questions if the applicant is unable to complete the project, will it fall into the water. Lang responds if the applicant is concerned about the stabilization of the house, why put in a pool. Donnelly moves to approve the plan modification with the same conditions as issued in the Order of Conditions, seconded by Benevento. Donnelly, Paluzzi and Benevento are in favor. Lang and Dr. Johnson are opposed. Motion carries (3-2). 70 Balch Street - footbridge - City of Beverly Donnelly moves to issue the following conditions: 1. Standard conditions; 2. Spoils must be stockpiles in an area approved by the Conservation Agent; 3. If spoils are to be placed on the site, then the location must be appropriate and approved by the Conservation Agents; and 4. Cutting of treated material shall be done off site. Seconded by Dr. Johnson. All members in favor. Motion carries. 482 Elliott Street - pipe installation - City of Beverly Paluzzi moves to issue the following conditions: 1. Standard conditions, 2. Reference previous Order of Conditions for the Route 62 project and any conditions that apply must be enforced. Seconded by Donnelly. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 11, 2000 Page 10 4 Cavendish Square - grading activities/replication & deck - Bernfeld Paluzzi moves to issue the following conditions: 1. Standard conditions; 2. Grade of the replication area shall be sufficient to support a wetland resource area; and 3. Special conditions for large wetland project shall apply. Seconded by Benevento. Donnelly abstains. All other members in favor. Motion carries. 9 Curtis Point Road - bank stabilization - Jerabek Paluzzi moves to issue the following conditions: 1. Standard coastal conditions; 2. Conservation Commission Agent must monitor the work; and 3. Toe support shall be 8 feet high and 25 feet in width. Seconded by Dr. Johnson. Benevento abstains. All other members in favor. Motion carries. 1012 Hale Street - new sanitary sewer system - Brookwood School Paluzzi moves to issue the following conditions: 1. Standard conditions; 2. Pump out old septic system; and 3. Any unsuitable material should be removed immediately and legally disposed of. Seconded by Donnelly. All members in favor. Motion carries. Old/New Business Landfill Frank Kiililea, City Engineer appears in response to the Conservation Commissions letter dated June 16, 2000. Killilea references a letter from Malcolm Pernie dated June 29, 2000 and provides an update of several items. On June 2gm the contractor corrected erosion problems (the area below the landfill). On July 6t" the contractor graded and hydroseeded. On July 7th all equipment was removed from the site. Cleaned out Wetland A. The contractor must fertilize grass on landfill. Killilea states the site is ready for Conservation Commission inspection and adds that he is satisfied with the work except for the color of the grass. If the hydroseed does not catch, the contractor will come back in the fall. Conservation Commission Meeting Minutes July 11, 2000 Page 11 Lang asks if the discharge has been sampled. Killilea responds that it has. Malcolm Pernie has done sampling of lead station and provided the results. Lang asks about testing of phosphorus levels. Killilea responds that the pipe has been filled with concrete. [Lang leaves the meeting. Paluzzi resides as Chairperson.] Certificate of Compliance 413 Essex Street - DEP File#5-475 - Jeff McKay Hurlburt states the original Order of Conditions was for 407-413 Essex Street, a five-lot subdivision. There was a partial Certificate of Compliance issued for four of the five. This is the last remaining lot that needs a Certificate. Additionally, there was an Enforcement Order issued to this lot due to unstable slopes which has been addressed. Hurlburt recommends removing the Enforcement Order. Benevento moves to remove the Enforcemere Order for 413 Essex Street, DEP File#5-475, seconded by Dr. Johnson. All members in favor. Motion carries. Benevento moves to approve the Certificate of Compliance for 413 Essex Street - DEP File#5- 475, seconded by Dr. Johnson. All members in favor. Motion carries. Hurlburt states the applicant, Mr. McKay is also here to request an extension of the existing deck. Donnelly states he believes abutters should be able to provide comments. Paluzzi agrees and recommends the applicant file a Request for Determination of Applicability. Sunday Drive Lot 3 DEP File#5-573 Hurlburt states when the applicant submitted her the information for a certificate of compliance, they gave the wrong book and page # as referenced at the Registry of Deeds. Ms. Hurlburt states that she is providing you with a new certificate to sign with the corrected page #. 20 Morningside Drive Hurlburr states an Order of Conditions was issued in 1988. An As-built plan and letter from a Registered Land Professional has been submitted and the applicant is looking for sign off on the property. Dr. Johnson moves to issue Certificate of Compliance, seconded by Donnelly. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 11, 2000 Page 12 28 Fosters Point - sand placed on site without permit Doug Jackson appears on behalf of his mother regarding a complaint of placement of sand on the beach without the appropriate approval. He states his family has owned the property since 1964. There is a small strip of sand that passes through the property, which is resupplied every year as a maintenance practice like raking leaves in the fall. He states he has recently consulted with LEC Environmental Consultants who has drafted a letter with proposed conditions. Paluzzi asks how much sand was placed there. Jackson responds two tons were distributed with rakes and barrels. Benevento states the letter LEC provided does not say that what Mr. Jackson did is in violation of the Wetland Protection Act. There are several resource areas that are not looked upon favorably for alterations for alterations such as vernal pools, salt marshes, etc. Benevento states the LEC letter asks that the applicant be allowed to continue with this activity, however, this is activity is not permissible. The Conservation Commission does not have the authority to supersede the Wetland Protection Act. Jackson states he is not asking to put in a new footpath. He is asking to maintain the area. Hurlburt states if the applicant wants to pursue this, he must file a Notice of Intent. Paluzzi states the Wetland Protection Acts states you may not alter, fill or dredge a resource area. Donnelly recommends that the applicant let the area go back to its natural condition. Benevento states you can not alter a resource area unless it adds value. He expresses concern that this is a high-level resource area (salt marsh). Hurlburt reiterates to Mr. Jackson that he must file a Notice of Intent if he would like to continue placing s,and in this resource area. She recommends contacting LEC for their recommendations on how 'to proceed. The Commission asks Jackson to get back to the Conservation Commission on this topic. This topic is tabled for a future meeting. 218 Hart Street - pond restoration - Welles There is discussion regarding the decision on this topic. The Commission agreed to have Ms. Hurlhurt write a letter to Mike DeRosa from DeRosa Environmental to inform him that the decision was not a unanimous decision to issue an order of conditions. The unanimous vote was to close the hearing. The meeting adjourns at 11:10 p.m.