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2001-06-19 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 19, 2001 BOARD MEMBERS PRESENT:Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Jay Donnelly, Patricia Grimes BOARD MEMBERS ABSENT: Chairman David Lang, Richard Benevento OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Karen Bradley Vice-Chairman Paluzzi calls the meeting to order at 7:00 p.m. Mazuy moves to reconvene the regular meeting to the Beverly Public Library, seconded by Grimes. All members in favor. Motion carries 5-0. Mazuy moves to recess for public hearing, seconded by Johnson. All members in favor. Motion carries 5-0. Notice of Intent New: Greenwood Avenue – replacement of culvert/install 300 feet of pipe – City of Beverly Killilea presents a map of the site and explains the layout of the proposed pipe installation on Greenwood Avenue. He states that there is a vernal pool at the end of the existing 1’ X 2’ stone culverts that is coming apart along the side of Greenwood Avenue as well as an open trench, which is causing the road to erode. He explains that the grade is quite steep in this area. Killilea states that an 18” concrete pipe should be installed, replacing the 1’X2’ stone culvert in order to prevent any further erosion. He states the pipe will extend an additional 320 feet down the road. He added that there is also a 12-inch concrete pipe across the road and that this could follow the stream on Common Lane. He stated that the City has installed 2 PVC pipes 1 foot deep. Mazuy asks if an 18” pipe is sufficient in size for the amount of water that flows in that area. Killilea states that it would be sufficient and an outlet could be added at the vernal pool to maintain the integrity of the pool. He states that they are proposing to install a catch basin to prevent deposition of more solids further down. Mazuy asks what would be done with regard to the vernal pool. Killilea states that they will do as little as possible to the vernal pool with the exception of the outlet, whether or not to have a minimum elevation in the vernal pool established. Mazuy asks if the elevation of the water level has been decided. Killilea states that they were planning to put it on the existing elevation, replacing the box and setting the pipe down in the bottom of the drain. Mazuy asks if they are planning to screen the opening for the pipe. Killilea states that they prefer not to avoid further maintenance. Conservation Commission Meeting Minutes June 19, 2001 Page 2 Grimes asks if this is an emergency measure. Killilea responded that it is and they hope to complete this work in time for the winter. Grimes asks if this will require additional work in the future. Killilea states that if any further work were required, it would be down on the drainage area of Common Lane. Paluzzi asks if there will be riprap installed around the outlet near Indian Lane. Killilea states that there will be some kind of energy dissipater such as stone to break up the energy as it comes out of the pipe. Mazuy asks if there was any water running down the ditch today. Killilea states that it was dry today. Paluzzi asks if there are any further questions from the Commission. There are none. Paluzzi asks if there are any questions from the public. Jane Brusca, 11 Greenwood Avenue, states that she is opposed to extending the pipe that far so as not to disturb the vernal pool. She is of the opinion that the erosion of the road is due to a plow that was too large this past winter and feels that the extent of the work involved in this proposal is unnecessary. She suggests building up the side of the road and repaving the road. Brusca states that she is concerned that installing the pipe will drain the vernal pool. Killilea states that if the Commission is concerned about the vernal pool, a structure can be installed to control the elevation. Mazuy asks if the pipe could handle a snowplow running over it. Killilea states that they will use Class V pipe that could handle a pick-up truck and a front-end loader so long as there is 3 feet of cover over it. Chris Dolan, 7 Greenwood Avenue, asks how they plan to cover the large swale that presently exists. Killilea states that they do not plan to make the road much wider, they will hot top the road and create a small swale in the edge of the road so the water can run down on asphalt to avoid any erosion down to the end of the pipe. He states that they will backfill over the pipe with gravel. Brusca asks the depth of the 18” concrete pipe. Killilea states it would be set at the bottom of the stone culvert grade. Brusca states that her house is built on ledge and asks if there will be any heavy blasting or digging. Killilea states that they do not anticipate any blasting, but the exact depth is uncertain until they begin excavation. Paluzzi asks if there are any further questions from the public. There are none. Mazuy moves to close the public hearing, seconded by Donnelly. Discussion ensured and it was anticipated that further information is necessary. Conservation Commission Meeting Minutes June 19, 2001 Page 3 Johnson states that he would like to discuss this further and is of the opinion that this should be looked at. Grimes agrees with Johnson and asks if this work can wait until a site visit takes place. Killilea states that this can wait so long as the work it is completed this summer. Mazuy moves to withdraw the motion, seconded by Grimes. Motion carries 4-1. Donnelly opposed. Mazuy moves to continue the hearing to the next meeting on July 10, 2001 with a site inspection scheduled for June 21, 2001 at 6:00 p.m., seconded by Grimes. Motion carries 4-1. Donnelly opposed. Request for Determination of Applicability New: 2 Independence Circle – deck removal & replacement – McShane The owner of the property, Michael McShane, states that he is proposing to remove an existing 10’X13’ deck, and replacing it with a 13’X23’ deck across the back of the house. He states that the wetlands are at the rear of his property. Grimes states that she visited the site and there is a definite visible barrier to the wetlands visible. Paluzzi asks if the width of the new deck will be essentially the same as what presently exists and will run across the entire length of the house. McShane states yes. Paluzzi asks how close the deck will be to the wetland. McShane states that it varies since the rear property line runs at a diagonal to the house. He states that one corner of the deck is approximately 17 to 18 feet away, and the other corner of the deck being approximately 20 feet away. Paluzzi asks is the deck would have poles and if so, how many. McShane responded he is unsure of how many but they would be using sonor tubes. Donnelly asks McShane to define the nature of the wetlands. McShane states that a stonewall exists that runs along the property lines serving as a barrier to the wetlands. Paluzzi asks where the dirt being removed will go. McShane states that it will be removed from the site. Paluzzi asks if there are any additional questions from the Commission. There are none. Paluzzi asks if there are any questions from the public. There are none. Mazuy moves to close the public hearing, seconded by Grimes. All members in favor. Motion carries 5-0. Grimes moves to issue a Negative #3 Determination with the condition that all activity in the buffer zone will not alter the wetlands. Seconded by Johnson. Motion carries 5-0. Conservation Commission Meeting Minutes June 19, 2001 Page 4 New: 60 River Street – Concrete block addition – Desmond Trust [Donnelly recuses himself from this portion of the meeting.] Richard Desmond, 2 Desmond Road, states that he would like to put and addition at the rear of an existing building approximately 185 feet from the river at 60 River Street. Paluzzi asks if there is any contaminated material where they plan to extend the building. Desmond responds no and explains that the area of contamination was near the Boston Gas property. Paluzzi asks if there will be any materials removed from the site. Desmond states no. Paluzzi asks if there will be any utilities coming into the site. Desmond states that all utilities will be from the existing building. Mazuy asks if there will be a cellar on this addition. Desmond responds no and states that the elevation of the addition is 15, which is a little higher than the existing building. Paluzzi asks if there are any comments from the public. There are none. Johnson moves to close the pubic hearing, seconded by Mazuy. All members in favor. Motion carries 4-0-1. Donnelly abstains. Grimes moves to issue a Negative Determination #3, seconded by Johnson. All members in favor. Motion carries 4-0-1. Donnelly abstains. Extension Permit 19 Congress Street John Kelleher is present to represent Philip Hansbury. He states that he is requesting a 3-year extension on the Order of Conditions for this property since the City may acquire the Ventron site. He states that Hansbury would like to build a retirement home, but would like to wait to see what the City decides to do with the Ventron site if they do acquire it. Paluzzi states that the Commission does not usually grant extensions for that length of time. Paluzzi asks if there are any questions from the public. There are none. Mazuy moves to issue an extension permit for 12 months, seconded by Johnson. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes June 19, 2001 Page 5 Certificate of Compliance 235 Dodge Street – DEP File #5-731 Jim Dawson is present stating that he is requesting a Certificate of Compliance for his property. He explains that the exterior of the addition is complete and would like to seek a waiver of the as-built requirement as well as the requirement for a letter from a registered surveyor or engineer. Hurlburt explains the Order of Conditions for this project and states that the Commission could waive two criteria from the list of special conditions. Paluzzi has concern if the footprint and the size of the addition are at the exact elevation of the plan. Dawson states that the slope of the property is less than it used to be. Donnelly states that the as-built plan and the letter from a registered surveyor or engineer would reassure the Commission that this was built by the design of the plan. He states that without the as-built plan the grade and elevation cannot be determined. Mazuy concurs with Donnelly. The Commission did not vote to approve the waiver of these two requirements. Dawson states that he would return with the required items. Old/New Business Cummings Center Walkway Hurlburt updates the Commission on the walkway at Cummings Center. She received a telephone call from Bruce Oveson of Cummings Properties stating that the Cummings Center is going to pursue the waiver from DEP for the walkway to be 6 feet as opposed to 10 feet. She reminds the Commission that a Special Condition was placed on the approval that Cummings shall abide by DEP’s permit. DEP has indicated that Cummings had to install a 10-foot walkway or seek a waiver from that requirement. The Commission reviewed the plan and was in favor of the 6-foot walkway since it was uniform with the walkways at Stop and Shop and the McPherson Youth Center. The 6-foot walkway also entails less pervious surface. Cummings Properties is asking if the Commission would be willing to write a letter to DEP stating that they are in support of the 6-foot walkway. Mazuy moves to send a letter recommending the approval of the 6-foot walkway as acceptable width as enumerated above, seconded by Grimes. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes June 19, 2001 Page 6 MACC Dues Hurlburt states that the $225.00 membership dues are now due for MACC. Mazuy moves to expend $225.00 for MACC membership, seconded by Grimes. All members in favor. Motion carries 5-0. Jubilee Yacht Club Hurlburt explains that in back in October 1997, an Order of Conditions was granted by the Commission for the completion of dredging materials in that vicinity. She states that she has received a letter from the Jubilee Yacht Club requesting an additional 2-Year Permit to complete the maintenance of that dredging to include silt and sand under the floats. Hurlburt states that the Order of Conditions expired in October 2000. Donnelly asks if this is a legal request. Hurlburt states no, that the Commission needs an Order of Conditions. She states that she will inform the Jubilee Yacht Club to file. Bylaw Discussion The Commission discussed the Purpose and Jurisdiction sections of the proposed Bylaw. Notice of Intent New: 17 Boyles Street – Construction of addition with deck – Avallon Joanne Avallon explains the addition she is proposing for her property. She explains that there will be no change to grades on the property and there is no intent to remove any vegetation, only prune one Red Oak tree. Johnson states that he was able to visit the site and there will be no siltation. Johnson asks the size of the proposed addition. Avallon states 1,000 square feet. Grimes asks how far this will be from the resource area. Avallon states 102 feet. Paluzzi asks if the Commission has any additional questions. There are none. Paluzzi asks if there are any questions from the public. Renee Mary, 274 Hale Street, states that she has concern for the steep drop on the back of the property and the affect it could have on her property downstream. She states that the Commission should conduct a site visit. Conservation Commission Meeting Minutes June 19, 2001 Page 7 John Dick of Hancock Environmental explains the elevation of the brook and states that all activity is contained to the existing lawn area, which should have minimal effect. He states that a silt fence will bound the work approximately 35 feet out in the lawn area. He explains that the affect to the resource area will be minimal. Paluzzi asks where the material will be stored. Dick states that it will be used in the trench area for the footings and if any material is left, it will be removed from the site. Johnson asks if there will be any change to the grade. Dick states no. Mazuy moves to close the public hearing, seconded by Donnelly. All members in favor. Motion carries 5-0. Donnelly exits the meeting. 9 Ober Street – Construction of addition, pool and landscaping – Charles Harris John Dick of Hancock Environmental states that a high coastal bank is present on this site but will not be disturbed. He states that the velocity zone is at elevation 15 and the top of the bank is at elevation 25. Dick explains that the deep end of the pool will be pinned to the existing ledge to avoid any destabilization. He explains that they will access the site through a long existing driveway approximately ¼ mile long and siltation control will be put into place prior to any construction. He states that all stockpiling will be away from the coastal bank and that the wall to be built will be 5 to 6 feet high at the highest point. He states that the addition is small. Paluzzi asks if there are any questions from the public. John Avallon, a direct abutter, states that when he built his pool, it was required that his filtration and pumping equipment be located under the porch. He hopes the Commission would condition this the same way. Grimes moves to continue this matter to the next meeting on July 10, 2001 with a site inspection scheduled for June 21, 2001 at 6:30 p.m., seconded by Mazuy. All members in favor. Motion carries 4-0. Order of Conditions 17 Boyles Street – Construction of addition with Deck – Avallon Mazuy moves to issue the standard Order of Conditions, seconded by Grimes. All members in favor. Motion carries 4-0. Paluzzi asks if there is any other business for the Commission to discuss. There is none. Conservation Commission Meeting Minutes June 19, 2001 Page 8 Adjourn Mazuy moves to adjourn, seconded by Grimes. All members in favor. Motion carries 4-0. The meeting is adjourned at 9:15 p.m.