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2001-01-30 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 30, 2001 BOARD MEMBERS PRESENT:Anthony Paluzzi, Patricia Grimes, Dr. Mayo Johnson, Jay Donnelly BOARD MEMBERS ABSENT: David Lang, Jon Mazuy, 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. Request for Determination of Applicability 16 Maple Avenue – replacement of piles – Jubilee Yacht Club George Whitney a representative for the Jubilee Yacht Club is requesting to do work in a resource area by removing and replacing pilings to rebuild sections of the existing travel lift. The work requires 12 of 48 piles to be replaced. He states that the work to be done is not subject to the Wetland Preservation Act since the nature of the work will not entail removal of fill or dredging. It also does not change the footprint of the entire area. Whitney states that there will be no disruption to tidal flow while replacing the piles. Paluzzi asks the commission if there are any questions. Grimes asks what the activity will be that falls within the resource area. Whitney points out the area and states that they will be removing and replacing pilings and attaching new hardware to the pilings. Grimes asks what construction method will be used. Whitney explains that the majority of the work to be completed will be via water utilizing a barge. Paluzzi asks if any debris will be contained. Whitney states that North Shore Dredging will complete the work. He states that work requiring the removal of debris will be conducted during low tide in order to contain any debris. Johnson asks how old some of those piles were. Whitney states that original construction of the piles was in 1898. In 1973 the land was filled and most of the piles were replaced at that time. Johnson asks what is used as a preservative on the piles. Whitney states that they use a preservative to pressure treat the piles. Conservation Commission Meeting Minutes January 30, 2001 Page 2 Paluzzi asks if there are any further questions from the commission. There are none. Paluzzi asks if there are any questions from the public. There are none. Johnson moves to issue a Negative Determination #2 for the request of replacement of piles at the Jubilee Yacht Club subject to the following conditions: 1. All work completed must be done in a contained area; 2. A letter must be sent to Assistant Planning Director 48 hours prior to any activity; 3. A letter must be sent to Assistant Planning Director stating the responsible party in case any violation takes place; 4. All cutting of materials must be done on land. Seconded by Donnelly. All members in favor. Motion carries 4-0. Hurlburt states that she will include any other conditions that are reflective to the coastal issue that she has in the boiler plate Standard Conditions. Johnson moves to recess for public hearing, seconded by Donnelly. All members in favor. Motion carries 4-0. Notice of Intent Continuation: 275 Hale Street – inground swimming pool, retaining wall, landscaping – Douglass Angela Silsby states that she is the landscape designer who has designed the proposed swimming pool and landscape design and introduces Mike DeRosa. Environmental consultant Mike DeRosa states that he has been retained by the Douglass’ to review the wetland resource areas and performance standards for the proposed construction of a pool in the buffer zone of a coastal bank. Mr. DeRosa explains that the home is located at the end of a very long driveway off of Hale Street. He explains the footprint of the proposed construction using a plan from Silsby. He states that just about every resource area is present from the regulations. He states the following resource areas that are present around the site: Inland, Coastal, Bordering Vegetative Wetland that borders on the salt marsh to Centerville Brook, Riverfront area to Centerville Brook, Coastal bank (the top of the existing seawall at the elevation of 17.6), Land subject to coastal storm flowage (B2 and B4 velocities which are both below the elevation of the seawall at elevations 14 and 15), Coastal dune vegetative of beach grass and beach peat. Conservation Commission Meeting Minutes January 30, 2001 Page 3 Johnson states that the diagram that was sent to the commission shows that the land subject to coastal storm flowage zone extends above the seawall. DeRosa states that the scales are not accurate on that diagram and the survey plan provided by the engineer is more accurate. Johnson states that based on experience from the Blizzard of 1978, this is a flood zone. DeRosa explains that the site itself, upgrading of the coastal bank, is densely vegetated with shrubs of honeysuckle, locusts, pitch pine and will not obstruct the stability of the coastal bank even though it is within the 100 foot buffer zone from the coastal bank. He points out the area of the dune and states that it does not function as a dune based on vegetation. Resource areas present on the proposed site: Coastal dune Coastal beach Coastal bank Rocky intertidal shore He states that the performance standard for coastal bank is structural integrity, anything that is proposed cannot effect the structural integrity of the coastal bank. He explains that this pool is a freestanding pool that will not effect the integrity of the coastal bank with the landscape design enhancing that habitat and soil function of the coastal bank. DeRosa states that the mitigation measure will be clearly defined installing a clear marking where the limit of work is so that no equipment will be allowed past that point except for plantings that will be completed by hand. He proposes a 25-foot work area sectioned off with staked haybales with entrenched fencing behind it and an orange construction fence. Access to the construction area will be down the existing cart path. DeRosa states that he reviewed the planting plan and has removed the sweet pepper bush since that species tends to take over. He replaced that with more of the existing proposed species; beach plum, sweet fern and bayberry. Johnson states that the seawall at the most westerly portion is covered with sand and beach grass and states that DeRosa referred to it as Coastal Bank. He asks on what basis does he call it a Coastal Bank and not a Coastal Dune? DeRosa states that the vegetation is consistent with an upland plant community. Johnson states that sand that migrates with beach grass present would constitute a coastal dune. DeRosa agrees, but states that the overriding variable is the presence of a plant community consisting of a 40-50 foot tree canopy of pitch pine and locusts. He states that this area is no longer functioning in the capacity of that of a coastal dune. Conservation Commission Meeting Minutes January 30, 2001 Page 4 Donnelly states that reviewing the cross sections will give a better view of this area. He asks if DeRosa has the topography. DeRosa states that he does not. Donnelly asks if DeRosa proposes to change the topography. DeRosa states that he does not. Donnelly asks the classification of area that will be filled. DeRosa states that the area is Buffer Zone and Coastal Bank at elevation 18.2. DeRosa states that any excavated material will be removed by truck and clean fill will be brought in for the pool area. Grimes asks that if DeRosa agrees that the 10-12 foot wall to be built is in the buffer and coastal bank, how does that not have an adverse effect on the sediment from the bank to the beach? DeRosa states that they will be keeping a 38-foot area from the top of the coastal bank to the base of the wall that will allow the flow of sediments to continue. He states that the density of the vegetation in this area makes it more structurally sound. Donnelly asks DeRosa to review the planting plan. DeRosa explains the existing species and states that on the planting plan Silsby is increasing the species diversity by adding beach plum, sweet fern and bayberry. This will also add to the stability of this area. Paluzzi states he would like to review the retaining wall. Paluzzi asks what the slope will be from the wall. Silsby states that they will excavate 3 feet down back toward the house to lay the piping for the pool. She states they will backfill the planting area and lay landscape fabric to prevent washout. Paluzzi asks the commission if there are any questions. There are none. Paluzzi asks the public if there are any questions. There are none. Johnson moves to close the public hearing, seconded by Grimes. All members in favor. Motion carries 4-0. Continuation: 106 West Street – septic upgrade – Nugent Ms. Julie Parrino from Hancock Environmental Consultants is present to represent Elizabeth Nugent. She explains that the existing septic system is a raised system within the ground water level. She states that the contour line is at elevation 9 except in one specific area. She explains that the new system will be located outside the resource area and flood plain. She states that the closest public sewer is on Beach Street and connection to that would not be feasible due to the fact that in order to connect to that sewer they would have to cross commuter rail tracks. Donnelly asks if this is an approved Title IV from the Health Department. Ms. Parrino states that she believes that the Board of Health has approved the new system. Donnelly asks what the cost would be to connect to the sewer on Beach Street. Ms. Parrino states that some engineers have observed the area and states that the commuter rail tracks are Conservation Commission Meeting Minutes January 30, 2001 Page 5 approximately 1,000 feet from that area and connection to the sewer would be costly. Donnelly states that it is possible to jack below the tracks. Ms. Parrino states that there is concern for settlement after the jacking. Donnelly asks what the linear square feet of sewer line would be to connect to the sewer. Ms. Parrino stated that she is not sure. Hurlburt asks if there are any other properties on that side of West Street that are connected to the sewer on Beach Street. Ms. Parrino states that there are a group of condominiums that are located on Beach Street that use a pump station but that is the condominiums item and that it is private. Donnelly states that it would be possible to connect to city sewer but is it feasible for the property owner. Ms. Parrino states that although it could be possible, it would not be economically feasible. Paluzzi asks the commission if there are any further questions. There are none. Paluzzi asks the public if there are any questions. Renee Mary, 274 Hale Street states that there is a salt marsh ¼ mile away from this area. She asks if the replacement of the septic system would have any effect on that. Ms. Parrino states that this is an approved Title V system to be installed above the ground water level and that replacing the existing system would be an improvement to what presently exists. Grimes moves to close the public hearing, seconded by Donnelly. All members in favor. Motion carries 4-0. New: 6 Foster’s Point – raze house and new construction – Gallagher Bob Gallagher explains that he plans to raze the existing house and replace it with a single family home. Hurlburt asks how the construction of the new house will effect the seawall. Gallagher states all work to be completed will be on the street side of the site away from the water and would not have any effect on the seawall. He states that all construction material that is dug up from the site will be removed. Johnson asks where the footings for the proposed 10 feet that will be added to the original footprint of the house. Gallagher states that the additional 10 feet will be on the street side of the house. Donnelly asks if there will be a basement. Gallagher states that he is not sure and the engineer will determine that. He states that the neighbors on each side have basements. Conservation Commission Meeting Minutes January 30, 2001 Page 6 Grimes asks how far from the river will the construction take place. Gallagher states that the site is 10 feet from the seawall, which is approximately 50 feet from the high tide mark. Grimes asks what protection measures will be used from the riverfront during construction. Gallagher states that haybales will be put along the seawall and the construction will be on the street side of the property. Donnelly asks if there will be any materials stored along the seawall. Gallagher states that there will not. Donnelly asks if the existing sewer will remain. Gallagher states that the sewer will remain and that the only change will be the stormwater runoff that they will drain to the water. Paluzzi asks the commission if there are any further questions. There are none. Paluzzi asks the public if there are any questions. There are none. Grimes moves to close the public hearing, seconded by Johnson. All members in favor. Motion carries 4-0. Order of Conditions 275 Hale Street – inground swimming pool, retaining wall, landscaping – Douglas Johnson states he revisited this site and is concerned that this area is a dune. He explains the surroundings of this area to confirm that this is a functioning dune area. He is opposed to DeRosa’s opinion that this is a coastal bank and states that this area is a dune and that in storm conditions, this area poses high velocity action and will flood. Johnson states that if the commission concludes that this is a dune it is extremely important to determine that approval of this would have no adverse effect on this habitat. Grimes states that even DeRosa’s opinion that this is a coastal bank would pose the same problem. Donnelly is opposed to filling on top of the buffer zone of the coastal bank, which would be the case for the location of the swimming pool. Grimes moves to issue an order of conditions for 275 Hale Street, seconded by Donnelly. None of the members in favor. Motion is 0-4. Motion does not carry. Silsby asks what the procedure is to file an appeal. Hurlburt states that she will submit the denial to the DEP within 21 days. Once that is complete, an appeal can be submitted to the DEP within 10 days. Conservation Commission Meeting Minutes January 30, 2001 Page 7 106 West Street – septic upgrade – Nugent Hurlburt states that the Board of Health has reviewed very carefully this application prior to the Board’s approving it. Johnson moves to issue a standard order of conditions for 106 Hale Street, seconded by Donnelly. All members in favor. Motion carries 4-0. 6 Foster’s Point – raze house and new construction – Gallagher Grimes moves to issue the following conditions: 1. Standard Conditions; 2. Construction 100 feet outside the buffer zone where possible; 3. Existing seawall boundary is limit of construction line; 4. Demolished foundation to be removed from the site daily. Seconded by Johnson. All members in favor. Motion carries 4-0. Old/New Business Modification: DEP File #5-667 - Cabot Street - Nadeau Ron Nadeau is present and explains that he would like to increase the grade by two feet for the driveway and the house. He states that there are already haybales along the rear of the property and states he plans to make no change to that area. He plans to build a retaining wall on the right side of the house. Paluzzi asks if he plans to raise the grade of the front yard of the house. Nadeau states that he does. Donnelly states that if the slope of the property is raised 2 contours he has concern that the total slope will interfere with the water flow paths. Nadeau states that he is not certain for the size of the house that he will build. He states that if the house is not as big as the example he is using, the slope will not be as dramatic. Nadeau explains that the City Engineer has stated that at some point, new sewerage that will be installed in that area which will raise the road that could, in turn, create a worse chance of flooding if he is not able to raise the grade at this point in time. Donnelly asks what the elevation of the driveway is at the road. Nadeau states that the elevation is 50. The commission reviews that elevations on the drawing presented by Nadeau. Conservation Commission Meeting Minutes January 30, 2001 Page 8 Donnelly asks if the hill slope will stay the same towards the wetlands. Nadeau states that the haybales already exists and there will be no change to that area and any runoff will flow away from the wetlands. Donnelly moves to approve the applicant’s request to increase the grade by two feet for Cabot Street with the following conditions: 1. Proposed fill does not encroach any closer to the wetland; 2. Contour drawing be resubmitted to the Planning Board. Seconded Grimes. All members in favor. Motion carries 4-0. Hurlburt asks if this home will be for himself. Nadeau states that it will not. Hurlburt states that the new owners of this property should be made aware that the wetlands are to remain as they are and not to be filled. Paluzzi states that that information should be put in the deed. Renee Mary, 274 Hale Street has concern for two new sewers that are to be installed on Trask and Cabot Streets. Donnelly states that this is not on the agenda. Paluzzi suggests speaking with the City Engineer regarding installation of any new sewers. Tree Cutting: DEP File #5-670 – 25 Hull Street - Pallozola Joe Pallozola is present and explains that he would like to remove three maple trees that exist on his property that are within the buffer zone. His concern is for safety and explains that one of the trees is leaning towards his house and fears it would hit the house if it were to fall. The other two trees have a great deal of dead wood and if he were to prune them, not much of the trees would be left leaving them aesthetically unpleasing. He states that he does not plan to remove any of the stumps. Pallozola also states that he would like to clean up some of the existing fallen trees that are within the buffer zone. He states he would like to cut up and stack the wood where they now lie. Paluzzi asks how big the trees are that he is requesting to cut down. Pallozola states that they are approximately 40 feet tall, 1.5 feet in caliper. Grimes asks if the trees are dead. Pallozola states that they are not dead, however they contain a great deal of dead wood. Johnson asks if the trees are in the wetland or in the buffer zone. Pallozola states that the trees have not been marked. Johnson states that a Notice of Intent should be filed if the trees are in the resource area. Conservation Commission Meeting Minutes January 30, 2001 Page 9 Hurlburt asks the commission if they have visited the site. No one has been to the site except for Johnson. Hurlburt asks the specifics of the site from Johnson. Johnson states that he could not determine the trees that Pallozola is requesting to remove other than the one that is leaning toward the house. Hurlburt asks Pallozola to mark the trees and a site visit will be conducted February 10, 2001 at 8:00 a.m. She states that she will contact Pallozola next week with the Commission’s decision. Other Business Request for Certificate of Compliance A request for Certificate of Compliance has been filed on February 3, 2001 for 36 Cliff Street. The Notice of Intent was submitted for the addition of a deck and three footings to the water. Hurlburt states that the owner is requesting a waiver of the standard order of conditions which would require as-built plans and certification signed by an engineer or land surveyor. Hurlburt states that the as-built plans and certification requirements should not be required since the requested addition was minimal. She states that the building commission has signed off on this and is waiting for the title of the property to be sent in to her in order to issue a Certificate of Compliance. Donnelly asks if the owner has signed an affidavit. Hurlburt states that in this case, an affidavit is not required. Johnson moves issue a waiver of the order of conditions that requires an affidavit, as-built plans and certification for an addition at 36 Cliff Street. Seconded by Grimes. All members in favor, Donnelly abstains. Motion carries 3-0-1. Pam Kampersal of the Norwood Pond Association asks if the City Engineer has responded to the letter sent by the Conservation Commission. Hurlburt responded that at the last Conservation Commission meeting the commission voted to write a letter to City Engineer Frank Killilea requesting information regarding the orange stain apparent in the stream at Route 128 near the landfill. She explains that the letter requested an inspection of the landfill area and adjacent properties to conduct testing to find out what the orange stream consists of. Hurlburt states that Frank Killilea is presently working on this, as well as information for 9 Pine Knoll Drive, and should have this information complete soon and will be available at the next meeting. Kampersal asks if the is information becomes available prior to the next meeting could it be forwarded to her. Hurlburt states that she will send any information that she receives. Conservation Commission Meeting Minutes January 30, 2001 Page 10 Schedule of Next Meetings February 26, 2001 Hurlburt states that she has completed a tentative schedule for the remainder of the year. She explains that the website is near completion and will put that schedule on the website for approval. Approval of Minutes Grimes moves to approve the January 9, 2001 meeting minutes, seconded by Donnelly. All members in favor. Motion carries 4-0. Donnelly moves to adjourn, seconded by Grimes. All members in favor. Motion carries 4-0. The meeting is adjourned at 8:40 p.m.