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2001-12-11 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: December 11, 2001 BOARD MEMBERS PRESENT:Chairman David Lang, Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Richard Benevento. Jon Mazuy, Linda Goodenough BOARD MEMBERS ABSENT: Jay Donnelly OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Karen Bradley Chairman Lang calls the meeting to order at 7:00 p.m. Paluzzi moves to recess for public hearing, seconded by Mazuy. All members in favor. Motion carries 5-0. Notice of Intent New: 147 West Street – patio, trellis, planting beds, garage and addition - Harrington Kurt Young of Wetland Preservation Inc. explains that the project is an ongoing renovation of an old carriage house. He explains the layout of the land that is accessed from a shared driveway off of West Street. The rear of the property abuts Chubbs Brook constituting riverfront. He states that an isolated freshwater wetland area exists on the property that exits to Chubbs Brook. He states that the site lies within the coastal zoning flooding area. Young points out the locations of the MBTA traps along the property line as well as the existing raised septic system that will eventually be eliminated once the site is hooked into the city sewer. Benevento arrives at 7:05 p.m. Craig Bosworth of Grazado Velleco Architects explains the courtyard and rear yard areas to be renovated. He explains that this project proposes to add a single car garage that is very close to the wetlands. The size of the proposed garage is 23’6” x 12’9”. He states that the addition of this garage will finish off the courtyard area. Bosworth explains that the eventual plan will be to complete another addition in two years that will consist of a 52’ x 40’ L-shaped, two-story addition. Lang asks if that second addition is shown on the plan. Bosworth states yes. Young explains the erosion control barrier that is shown on the grading plan that will consist of haybales and silt fence. Lang asks how close the edge of the proposed garage will be from the wetlands. Young states that it is very close, within five feet of the wetland area. Conservation Commission Meeting Minutes December 11, 2001 Page 2 Lang asks the Commission if there are any questions. Mazuy asks what the condition of the site is in heavy rain. Young states that he has not seen the site in heavy rain but explains that the site is at very low elevation. Mazuy asks when the existing septic system was installed. The owner of the property states that the septic system was installed approximately ten years ago. Lang asks if this site is within the FEMA 100 foot flood zone. Young states yes, at elevation 9. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Benevento moves to continue the hearing to the next meeting on January 8, 2001 with a site inspection scheduled for January 5, 2002 at 8:30 a.m., seconded by Mazuy. All members in favor. Motion carries 6-0. New: Tall Tree Drive – single family home construction – Carnevale Attorney Thomas Alexander states that the applicant is seeking an Order of Conditions for a single-family home. He states that existing on the site is bordering vegetative wetland as well as bordering land subject to flooding. Richard Kirby of LEC Environmental Consultants explains that the applicant has designed the dwelling to be consistent with neighboring homes. He states that silt fence and haybales will be placed along the limit of work. Lang asks the size of the lot. Alexander states 32,501 square feet. Kirby states that the wetland replication will be a 1.4 to 1 ratio. Benevento asks what the total area being altered will be. Kirby states that the wetland to be filled is 1,118 square feet, and the wetland to be replaced is 2,364 square feet. Lang asks if the site has new flags. Kirby states that the wetland was flagged late in the summer. Benevento asks if the area to the left of the site is all upland. Kirby states yes. Benevento asks why are they proposing to build in the wetland if the area to the left of the site is all upland. Kirby states that due to the setback requirements for the front and the side, this is the only option in order for the house to face the street. Conservation Commission Meeting Minutes December 11, 2001 Page 3 Hurlburt states that the usual request for replication by the Commission is a 2 to 1 ratio. Kirby states that the size of the replication area can be adjusted. Lang asks if soil tests were taken. Kirby states yes, the results of which were used to delineate the wetland. Lang states that this information is not on the plan. Benevento asks if the wetland area on the west side between flag B3 and flag B24 of the house will remain wetland. Kirby explains that this area will be filled and clarifies the location of the wetland area. Benevento asks if the area on the left side of the proposed house is a protected resource area. Kirby states yes. Benevento asks if the only access to that area is to walk up Tall Tree Drive. Kirby states yes. Benevento suggests turning the house due to the existing condition of this site. Hurlburt is of the opinion that they would not meet the required setbacks. A discussion takes place on the option of turning the house on the site. Benevento requests that four stakes be put into place where the proposed house will be located. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. Renee Mary, 274 Hale Street, states that a correction should be made on the plan; Curtis Brook is actually Centerville Creek. Mary is of the opinion that this is a perennial stream. Lang states that this stream flows in the summer and is an intermittent stream. Donald Winslow, 2 Robin Road, states that a wall has been built that is 1 ½ feet higher than the road. He states that the stream usually runs over the road into his backyard. He states that now the water will deflect back into that wetland area. Winslow states that this area should be looked at. Lang states that he will do so. Mazuy moves to continue the hearing to the next meeting on January 8, 2001 with a site inspection scheduled for January 5, 2002 at 9:00 a.m., seconded by Paluzzi. All members in favor. Motion carries 6-0. Conservation Commission Meeting Minutes December 11, 2001 Page 4 New: 495 Cabot Street – 1-story commercial/retail and 2.5 story commercial/residential building construction – Town & Country Homes [Benevento recuses himself from this portion of the meeting.] Attorney Thomas Alexander states that this project is located in the CN (Commercial Neighborhood) zoned district of Cabot Street. He explains that this project is presently pending Planning Board approval. Bob Griffin of Griffin Engineering explains the layout of this site. He states that the wetland area is on the far north end of the parcel. He states that the wetland delineation line was created through the 1999 Order of Conditions issued for a prior Notice of Intent. Griffin explains that this proposal includes partial building within the 100-foot buffer zone. He states that they are proposing to alter 820 square feet of wetland. Griffin states that there is an existing drainage pipe that is crushed and in 1970 the city took an easement to replace the pipe that was never completed. He states that the applicant proposes to complete the drain line. Griffin explains in detail the drainage system and the drain line replacement. He states that a Wetlands Replication Plan is included in the Notice of Intent identifying all areas of excavation and replication. Lang asks the Commission if there are any questions. Lang states that the replication ratio is usually 2 to 1, the ratio being proposed is 1 to 1. Mazuy asks how much water will be going down the replaced drainpipe. Griffin states that no stormwater calculations have been completed but the 12-inch pipe should be adequate based on the City Engineer’s opinion. Benevento asks if MassHighway owns the connecting drain line. Griffin states yes. Benevento asks if permission has been granted to connect to that drain line. Alexander states that a request has been made to Mass Highway to accommodate the City’s easement. Benevento states that the applicant will need an access permit to connect to that drain line. Mazuy requests copies of city correspondence from the City of Beverly to the State. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Benevento requests documentation from the City Engineer regarding the tie in to the State. Alexander states that he will provide that documentation. Paluzzi moves to continue the hearing to the next meeting on January 8, 2001 with a site inspection scheduled for January 5, 2002 at 10:00 a.m., seconded by Mazuy. All members in favor. Motion carries 5-0-1. Benevento abstains. Conservation Commission Meeting Minutes December 11, 2001 Page 5 [Benevento returns to the meeting.] Order of Conditions - None Old/New Business Modification to DEP file #5-631 – Lot 1 – Tall Tree Drive Hurlburt explains that this modification changes the location of the garage to be under the house, which actually creates less of an impact than the previous modification. Benevento asks if the applicant is required to do an as-built Plan. Hurlburt states yes. A discussion takes place on the approach the Commission should take on this modification; either granting a minor modification or considering this under a Certificate of Compliance. Hurlburt reviews the new ordinance to determine the best approach to take in this situation. Benevento moves to table this discussion to the next meeting on January 8, 2002 and request that the applicant submit a plan that meets the requirements of the Commission that is suitable for minor modification, seconded by Paluzzi. Motion carries 3-2-1. Goodenough abstains, Mazuy opposed. Modification to DEP file #5-631 – Lot 2 – Tall Tree Drive Benevento moves to table this discussion to the next meeting on January 8, 2002 and request that the applicant submit a plan that meets the requirements of the Commission that is suitable for minor modification, seconded by Paluzzi. Motion carries 3-2-1. Goodenough abstains, Mazuy opposed. Slab removal request – 58 South Terrace – Sally Arsenault Hurlburt explains that she has received a letter from Ms. Arsenault requesting to remove the slab to assess the sill under the porch. She explains the layout of the site and states that she has visited the site and is of the opinion that a modification would not be necessary. Paluzzi moves to grant approval to remove the slab at 58 South Terrace, seconded by Benevento. Motion carries 5-0-1. Goodenough abstains. Request for tree clearance – 274 Hale Street – Renee Mary Hurlburt explains that she has received a letter from Renee Mary requesting tree clearance. Paluzzi asks in what manner the tree removal will be done. Mary explains that a certified tree person will remove the trees. No heavy equipment will be used. Conservation Commission Meeting Minutes December 11, 2001 Page 6 Paluzzi moves to approve the request for tree clearance in brook at 274 Hale Street, seconded by Mazuy. All members in favor. Motion carries 6-0. Certificate of Compliance 275 Hale Street – DEP File #5-735 – Douglass Mike DeRosa is present to represent the applicant. He explains the proposed plan and as-built plan. He states that only modification was that the pool was built two feet further east, therefore the wall that was designed to the contours of the land has been moved out two feet. Johnson moves to approve the Certificate of Compliance for 275 Hale Street – DEP File #5-735, seconded by Benevento. Motion carries 5-0-1. Goodenough abstains. DeRosa requests a copy of the new ordinance. Hurlburt complies. Other Hurlburt states that the Mayor signed the new ordinance on December 7, 2001, which makes it officially in affect. She makes the clarification that an ordinance is a city policy and a bylaw is a town policy. Benevento asks if a group decides to appeal an order of the Commission, they not only have to appeal to DEP, but they also have to appeal to Superior Court. Hurlburt states yes. Hurlburt hands out points of clarification that she is seeking with regard to the new ordinance. The Commission reviews her comments and a detailed discussion takes place on each of her points of clarification. Lang states that a special meeting should be scheduled after the holidays to begin reviewing the Rules and Regulations. Lang states that he visited the Morse property and he didn’t notice anything in the wetland. Lang states that the site is a mess, but did not observe any violations. Benevento suggests sending a letter to DEP for their assistance in this matter. Lang states that all members of the Commission should visit the site prior to drafting any letter to DEP. Lang reminds members that the holiday party is scheduled for December 15, 2001 at 7 p.m. at his residence. Conservation Commission Meeting Minutes December 11, 2001 Page 7 Approval of Minutes Johnson moves to approve the October 30, 2001 meeting minutes, seconded by Paluzzi. Motion does not carry 3-0-3. Mazuy, Benevento and Goodenough abstain. Donnelly must be present on this vote for it to carry. Adjourn Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries 6-0. The meeting is adjourned at 8:30 p.m.