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2001-05-29 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: May 29, 2001 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Jay Donnelly BOARD MEMBERS ABSENT: Richard Benevento, Pat Grimes OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Abbreviated Notice of Resource Area Delineation 376 Hale Street – Resource Area Delineation John Dick from Hancock Environmental Consultants appears on behalf of the applicant. The wetland systems were flagged by Hancock and subsequently flagged by Gulf of Maine Research, Inc. Dick points out a location on the site near an intermittent stream where someone has laid down several pieces of highway guardrail. At the site walk the Commission noted it and suggested to remove it from the wetland. He suggests either filing to remove it from the wetland or work under an Enforcement Order by the Commission. In order to remove the guardrail, the G wetland system would have to be crossed twice in an existing roadway. He asks the Commission for its recommendation on how to proceed. Lang asks if there is fill in the area between wetland C and wetland to the west. Dick responds that it is fill. It is an old roadway (approximately 1961). Lang recommends that the applicant remove material (large stones) and connect the two wetlands, which would make a system that it probably was 20 to 30 years ago. Dick responds that replication is probably not a bad idea and agrees to provide a report for the Commission to review. Renee Mary, 274 Hale Street states she believes Endicott College put the guardrail in. Donnelly asks if the road could be blocked physically to stop traffic from going across the wetlands. Dick responds ‘yes’ except that it is a fire road. Lang asks if members of the Commission have questions. There are none. Lang asks if members of the public have questions. There are none. Conservation Commission Meeting Minutes May 29, 2001 Page 2 Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to issue an Enforcement Order to remove guardrails near Wetland Systems F and G, and to put a chain across with a lock, with a key going to the Fire Department, seconded by Mazuy. All members in favor. Motion carries. Notice of Intent #34-Forty Five West Street – lawn restoration – Ammerman John Dick from Hancock Environmental Consultants appears on behalf of the applicant. A site walk was conducted on Saturday. He states the applicant pre-filed a couple of years ago and received a determination on the nature of the resource area in order to proceed with the renovation work. All the work thus far has been conducted outside the buffer zone. There is a lawn and along the top of bank there are some trees, which the applicant is not proposing to touch. The applicant is proposing to remove 4-6 inches of material from the lawn, replace it loam and hydro seed. There will be no significant change in grade. The sole additional consideration would be beds of Rigosa Rose and Daylily at the sides of the staircase that exists at the coastal bank. The applicant is not proposing to disrupt the coastal bank or remove any woody vegetation. Paluzzi asks if removal of soil will interfere with the roots of the trees along the bank. Dick responds that they will just be stripping the turf and that will not interfere with the trees. Lang asks if there are questions from members of the Commission. There are none. Lang asks if there are questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Mazuy. All members in favor. 176 West Street – relocation of existing driveway - Newberry Hurlburt states the Order of Conditions expired and the project was for the relocation of an existing driveway. Mr. Newberry states this is the third time he has appeared before the Commission and there have been no changes. Conservation Commission Meeting Minutes May 29, 2001 Page 3 Lang asks if there are any questions from the public. There are none. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 675 Hale Street – maintenance of dunes and resetting of barrier stone - Seamans Mr. Seamans states his property goes down to West Beach. He has lived on the property for 50 years and for a while there was no erosion at the beach. Over the past 25 there have been increasingly severe storms, particularly the storms that come from the northeast and last a long time. Seamans states there is 480 feet of frontage and the fresh water drains out across Hale Street, into a pipe and then into an ocean. Approximately 25 years ago, stones were gradually added along the beach. There is at least a foot of heavily packed sand around the trees. Seamans states he would like to clear to sand around the trees and reset some of the stones. Ralph Drinkwater states quite a few years ago Dr. Seamans planted approximately 20,000 chutes of sea grass. Over the last few years the sand has built up on the beach. The sea grass is covered with more sand and the stones have settled about 1 ½ feet lower than the concrete and granite walls. He would like to take all the sand off the sea grass and around all of the trees and reset some of the rocks. Lang asks if work on this property would cause a negative or positive impact on any of the neighbors’ property. Drinkwater responds that he does not think it would have a negative impact. Dr. Johnson asks what was on the beach when Dr. Seamans when he moved to the property. Seamans responds that the barrier (sand dunes) was the same as it is now. Dr. Johnson states it has become a sensitive issue particularly on Cape Cod because people whose properties have sand dunes as the barrier are not permitted to put rocks in. They are permitted to put sand and replant the dunes. Whereas people who have a coastal bank and their homes are in danger, may put in rocks. Dr. Johnson states he thinks the rocks in front of the dunes interfere with the dune formation and growth and erosion. Seamans states he is interested in improving his property as well as the properties to the east and west. Mazuy states he saw the area and it appears to be the most likely area to affect the neighbors – for over 20 acres. It appears to be the weakest link and he would not object to removing the sand around some of the trees. Lang agrees and recommends the members visit the site before voting on it. It appears to be nature taking its natural course but it could cause some havoc to some abutters. Hurlburt reads a letter from Mrs. Cutler into record, which strongly supports the applicant’s request to conduct the work. Conservation Commission Meeting Minutes May 29, 2001 Page 4 Donnelly states it is difficult to make a decision because the project description is to “restore the dune to a natural state” and this is not the natural state. He expresses concern about the need to be consistent about how the Commission makes decisions and is struggling with letting nature take its course or help control it. Dr. Johnson states that the coastal dunes in a natural state, would be to remove the stones. Seamans states he is trying to maintain the property so the whole neighborhood can enjoy it and he would like the privilege of maintaining it. Mazuy states the marsh extends almost to the middle of the farms. There would be a lot of properties affected by it. Hurlburt states the applicant is just restoring something that has been there for many years. It is “maintenance” – not anything new. Lang states he does not see this as arming the bank. The area behind it is flat and agrees that wetland areas and other properties could be affected. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Orders of Condition 376 Hale Street – Resource Area Delineation – Endicott College Mazuy moves to accept the modification of the plan dated May 23, 2001, seconded by Paluzzi. All members in favor. Motion carries. #334-forth Five West Street – lawn restoration – Ammerman Paluzzi moves to issue the following conditions: 1. Standard conditions. Seconded by Dr. Johnson. All members in favor. Motion carries. 175 West Street – relocation of existing driveway – Newberry Mazuy moves to accept the Order of Conditions subject to the same conditions as previously approved, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes May 29, 2001 Page 5 675R Hale Street – Notice of Intent Dr. Johnson states he is very fond of Dr. Seamans, however, he would have to vote against resetting the barrier stones. He states he would approve restoring the dunes. Paluzzi moves to issue the following conditions: Standard conditions, 1. The barrier stones that are to be reset shall be placed to match the height of each abutting 2. wall and shall not move toward the water or toward the dune, but only vertical without bringing in any more stones to the wall or site. Seconded by Mazuy. Dr. Johnson is opposed. Motion carries 4-1. Certificates of Compliance Sunday Drive - Lot 1 (DEP File #5-578) and Lot 2 (DEP File #5-572) Hurlburt states 1 ½ years ago this was before the Commission for a certificate of compliance. The Commission issued a partial certificate of compliance for the houses only. The Commission did not want to issue a full certificate because it was difficult to ascertain the condition of the lawns. The site is stable. Mazuy moves to issue Certificates of Compliance for Sunday Drive, Lots 1 and 2, seconded by Paluzzi. All members in favor. Motion carries. 2 Longham Road – DEP File #5-540 – Patricia Baker Mazuy moves to accept the Certificate of Compliance, seconded by Paluzzi. All members in favor. Motion carries. Extension Permit – 19 Congress Street – DEP File #5-644 – John Kelleher Hurlburt states the site was built on ledge and the Commission asked for an engineering report. The applicant asked for an extension and the Commission denied the request. The applicant has not done any work and the permit expires in October of this year. Mazuy moves to extend an invitation for the applicant to attend the next scheduled meeting to explain the plans, the special conditions and the engineering report, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes May 29, 2001 Page 6 Old/New Business 6 Meeting Place Circle Hurlburt states the property owner wants to add some loam (approximately 6 inches) to the property for a lawn. Paluzzi asks how much area is in the buffer zone. Hurlburt responds it is approximately 15 feet wide by 10 feet deep. Dr. Johnson and Paluzzi offer to visit the site. Mazuy moves to approve the request to add loam pending a site visit by Paluzzi and Dr. Johnson and reporting back to Hurlburt, seconded by Paluzzi. All members in favor. Motion carries. Other Newbury Street Hurlburt states someone is pouring a small slab for a shed, which is near a slow intermittent stream. The building inspector went out and asked the property owner to file and attend tonight’s meeting. The property owner stated he would comply, but did not show up at tonight’s meeting. Mazuy moves to issue an Enforcement Order, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting – By-law The Commission has scheduled a meeting on Saturday, June 2, 2001 at 9:00 a.m. to discuss a By- law. Appointment Mazuy moves to nominate and appoint David Lang to the position of Chairman of the Conservation Commission for the next year, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes May 29, 2001 Page 7 Cummings Letter from Waterways Hurlburt states she received a copy of a letter from Waterways to Cummings Properties regarding the walkway. Waterways requires the walkway to be 10 feet wide. The proposed walkway is 6 to 7 feet, which is not acceptable. Cummings will have to reapply for Chapter 91 to be modified to the narrower width. Hurlburt states she spoke with Cummings. The only problem is if they reapply, it takes a long time and Cummings wanted to get the walkway done. Approval of Minutes Mazuy moves to approve the minutes dated May 1, 2001, seconded by Paluzzi. All members in favor. Motion carries. Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries. The meeting adjourns at 8:45 p.m.