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2001-10-02 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 2, 2001 BOARD MEMBERS PRESENT:Chairman David Lang, Vice-Chairman Anthony Paluzzi, Jay Donnelly, Patricia Grimes BOARD MEMBERS ABSENT: Dr. Mayo Johnson, Jon Mazuy, Richard Benevento OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Karen Bradley Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability Continued: 32 South Terrace – home renovation/addition – Peterson Chuck Peterson is present stating that changes have been made to the original plan as a result of the site visit. He explains in detail the revisions that have been made. Paluzzi asks where the excavated material will go. Peterson states that whatever is not used for the renovation will be hauled away. Lang asks if there are any questions from the members of the Commission. There are none. Lang asks if there are any questions from the public. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Grimes. All members in favor. Motion carries 4-0. New: 20 Wentworth Drive – deck construction – Nicolaysen Mr. Nicolaysen is present stating that he is requesting to enclose the existing deck and construct another deck of the same width. Hurlburt asks where the wetland is in relation to the deck. Nicolaysen states that it is approximately 15 feet away. Lang asks if he intends to put a foundation underneath the deck. Nicolaysen states no. Paluzzi asks how many pilings will be used. Nicolaysen states that he is not sure but he will do whatever is required. Paluzzi asks if the existing drainage easement is on the side of the house where this deck will be constructed. Nicolaysen states no. Conservation Commission Meeting Minutes October 2, 2001 Page 2 Lang asks if there are any questions from the members of the Commission. There are none. Lang asks if there are any questions from the public. There are none. Grimes moves to issue a Negative Determination #3, seconded by Grimes. All members in favor. Motion carries 4-0. Paluzzi moves to recess for public hearing, seconded by Grimes. All members in favor. Motion carries 4-0. Notice of Intent Cont.: 39 Tozer Road – building expansion, parking & grading – John Drislane Hurlburt explains to the applicant that there are not enough members present that were also in attendance for the last hearing to vote this evening. She explains that only three votes are necessary, however, Paluzzi missed the last meeting and cannot vote on this issue tonight. Attorney Thomas Alexander confers with the applicant and states that they respectfully request a continuance to the next meeting. Paluzzi moves to continue the hearing to the next meeting on October 30, 2001, seconded by Grimes. All members in favor. Motion carries 4-0. Cont.: 75 Sam Fonzo Drive – parking lot construction – Connelly Brothers Lang explains to the applicant that they face the same issue with this Notice of Intent. Connelly also requests a continuance to the next meeting. Hurlburt suggests moving the meeting up due to the situation at hand. Renee Mary, 274 Hale Street, states that Joan Murphy will not be present on October 30, 2001 and requests another date. Lang states that any public comments can be submitted in writing and will be addressed by the Commission. Paluzzi moves to continue the hearings for 39 Tozer Road and 75 Sam Fonzo Drive to October 9, 2001 at 7:00 p.m. at City Hall and continue all other hearings to October 30, 2001, seconded by Grimes. All members in favor. Motion carries 4-0. New: 14 Landers Drive – home addition – Robert and Tammy Albano Robert Albano is present and explains the proposed addition stating that construction is within a buffer zone. Conservation Commission Meeting Minutes October 2, 2001 Page 3 Lang asks if there are any questions from the members of the Commission. Grimes asks where the wetlands are in relation to the addition. Albano points the wetlands out on the submitted plan. Paluzzi asks what will be done with the excavated material. Albano states that it will be removed from the site. Lang states that he would like to continue this hearing to the next meeting on October 9, 2001 and visit the site prior to that date. Lang asks the applicant to stake out the back corners so that the Commission members can visit the site. Paluzzi states that the plan should be updated reflecting the changes stated for the addition. Donnelly states that he would like to see the restriction boundaries marked on the site. Albano states that this will be done. Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street asks if there will be a site walk scheduled that the public can attend. Lang states that members will visit the site individually. Paluzzi moves to continue the hearing to the next meeting on October 9, 2001, seconded by Grimes. All members in favor. Motion carries 4-0. New: 181 Elliot Street – construction of foundation for walkway – Beverly Commerce Park, Inc. Bruce Oveson is present to represent Cummings Properties. He states that this Notice of Intent consists of the construction of a 24 x 7 foot triangular stone foundation on existing fill for support of a 10-foot wide public access pathway. He states that the plan has been submitted to DEP and Chapter 91 Waterways and was approved as DEP File #5-609. He states that this plan included the removal of the silt area that was discussed at the last meeting. Oveson states that he is requesting to proceed under DEP File #5-609 that was issued October 1, 1997. Hurlburt explains that the order is only good for three years. Lang states that after that time period has expired it is necessary to refile. Oveson states that he will amend this plan stating that he has some concern that the plantings included in the original plan could exacerbate the sandbar problem. Donnelly asks what the alternative proposal will entail. Oveson states that he is proposing to remove the 3,000 square foot sandbar. Conservation Commission Meeting Minutes October 2, 2001 Page 4 Donnelly asks if Oveson has determined the sources for the existing sand bar problem. Oveson explains in detail the three areas that could be the sources of this problem including a 30-inch storm drain on Balch Street, a 4x6 box culvert from the north end of the building and a large open drain parallel to the ball field. Oveson states that catch basins would have to be large 15- gallon structures and locations for these structures could possibly have to be off the property. Donnelly asks if removal of the sandbar would be beneficial. Oveson states that removing the sandbar would take the pond back to its original condition but will be a continuing issue. He states that the cause for this sandbar has been from many years of sanding roadways in the winter. Lang asks for a description of the original planting. Oveson describes in detail the planting that was approved. Lang asks if the control downstream has changed due to this sandbar. Oveson states no. Lang asks if there are any additional questions from the members of the Commission. There are none. Hurlburt asks Oveson if he plans on amending the original Notice of Intent. Oveson states yes and the amendment will include replication of the pond by removal of the sandbar. Hurlburt states that this Notice of Intent will have to wait until the October 30, 2001 meeting since this requires advertising five business days prior to the meeting. Lang asks if there are any questions from the public. Joan Murphy, 36 Longmeadow Road asks if removal of the sandbar will be encroaching into the wetlands. Oveson states yes, approximately 84 feet. Murphy is of the opinion that Cummings Properties should not be allowed to encroach into the wetland area and that the City of Beverly should be responsible to correct this problem. Lang states that he agrees with Murphy on this issue since there is another 84 feet that is available to become resource area. A discussion takes place on where the 84 square feet could be replicated. Donnelly asks if Cummings Properties has considered using concrete piling instead of stones. Oveson states that have used 400 feet of piles for the boardwalk and that they wanted this area to look more natural. Lang asks if there are any additional questions from the public. Renee Mary, 274 Hale Street asks if the 84 square feet could be applied to the upper Shoe Pond. Lang states that it could be replicated anywhere in that area. Oveson asks the Commission for suggestions for the replicated area. Lang states that anything that would enhance the resource area would be an acceptable option. Lang states that cleaning Conservation Commission Meeting Minutes October 2, 2001 Page 5 out the resource area would stabilize the whole process and would make management of that entire area more efficient. Lang states that he would like to see the sandbar removed and suggests to Oveson to draw up a plan for the removal of the sediment. Hope Benne, 44 Hillcrest Avenue, asks if DEP has required Cummings Properties to move parking in the area of the walkway. Oveson states no, DEP asked them to look at the relationship of parking with respect to the boardwalk. Benne asks if there is a site plan for the walkway. Oveson states yes, that it was approved by DEP and the Planning Department. He explains that there was a revision to the original plan changing the width of the walkway from 6 feet to 10 feet. Lang states that this is not a Chapter 91 hearing and advises Benne to direct any further questions of this nature to DEP. Lang asks if there are any additional questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Donnelly. All members in favor. Motion carries 4-0. Order of Conditions 181 Elliot Street – construction of foundation for walkway – Beverly Commerce Park, Inc. Paluzzi moves to issue Standard Order of Conditions with the following conditions: 1. Submit plan explaining the methodology of sandbar removal; 2. Submit North/South and East/West profile of sandbar after excavation; 3. Notification of Order of Conditions to DEP Division of Waste Site Cleanup; 4. Construction plan to be approved by at least two members of the Commission; 5. Submit Restriction of Flow Conditions that states when work can be performed. Seconded by Grimes. All members in favor. Motion carries 4-0. Old/New Business Renee Mary memorandum Mary states that she would like to hold this issue until the next meeting on October 9, 2001. 7 Ober Street Hurlburt explains to the Commission that the location of the mechanics for the pool that was recently approved by the Commission had to be moved from the original location. She explains Conservation Commission Meeting Minutes October 2, 2001 Page 6 the new location and states that it would not be any closer to the neighbor’s property. The Commission approves this change. Correspondence from Open Space and Recreation Committee Hurlburt reads letter received from the Chairman, David Gardner explaining the formation of a Friends of Sally Milligan Park committee. The Commission agrees that this committee would be a good idea. Coastal Delineation Workshop Hurlburt states that Paluzzi attended a Coastal Delineation Workshop and asks the Commission to appropriate $85 funding for his attendance. Grimes moves to reimburse the $85 funds for Coastal Delineation Workshop to Paluzzi, seconded by Donnelly. All members in favor. Motion carries 4-0. Final Wetlands Protection Ordinance Hurlburt states that she submitted the final Wetlands Protection Ordinance to the City Council. She states that the City Council has submitted it to Legal Affairs and Accounts for their review. She presents extra copies to anyone interested. Cease and Desist Order to Varian Hurlburt asks the entire Commission to sign request for a Cease and Desist order to Varian for Dumping in Stream A. Tozer Road construction Lang asks Hurlburt if she has visited the other construction site on Tozer Road (Datum Corporation). Hurlburt states that she has visited the site and believes this is out of the jurisdiction of the Conservation Commission. Lang disagrees with her opinion. Hurlburt states that she will revisit the site. 39 Prince Street Hurlburt states that there is an existing permit for the ramp that is being utilized for the construction of a tennis court. Donnelly asks if the permit includes use in the area of the stonewall as well. Hurlburt states that she will check the permit and send the building inspector out to the site. Conservation Commission Meeting Minutes October 2, 2001 Page 7 Adjourn Paluzzi moves to adjourn, seconded by Grimes. All members in favor. Motion carries 4-0. The meeting is adjourned at 8:45 p.m.