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2002-10-29 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 29, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, Eileen Duff, William Squibb BOARD MEMBERS ABSENT: Jon Mazuy OTHERS PRESENT: Debra Hurlburt, Planning Director Amy Ellert-Maxner, Environmental Planner RECORDER: (Tape) Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 63 Middlebury Lane – installation of 18 x 36 in ground pool – Laurie Sarowsky Hurlburt reads the legal notice. The applicant is proposing to install an in-ground gunite pool behind her house. The pool is 18’ x 36’ and is about 60 feet away from the wetland at its closest point. The patio surrounding the pool makes the dimensions approximately 37’ x 57’, which places it about 45 feet away from the wetland at its closest. The grading will not change. Paluzzi states he visited the site and it doesn’t look like a problem. Lang states that the Conservation Commission generally asks that the material that is excavated out and stockpiled as far away from the wetland areas as possible and hay bales and silt fences are used. Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1. The applicant must located excavated materials away from the wetland. 2. Hay bales must be used during the work. 3. Notify the Conservation Commission if blasting is necessary. Seconded by Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes October 29, 2002 Page 2 New: 89 Boyles Street – construction of 2 capacitor banks – N.E. Power Company Hurlburt reads the legal notice. Paul Richards from National Grid states the proposed project is to construct two capacitor banks at the East Beverly Substation. One of the capacitors will be located within the Riverfront Area and buffer zone to the BVW. The capacitor is approximately 40’ from the Centerville Creek at its closest point. Lang asks if any members of the public have questions or comments. Paluzzi moves to issue a Negative #3 Determination, seconded by Goodenough. All members in favor. Motion carries. 240-250 Elliott Street – parking lot resurfacing, replacement of storage trailers with permanent storage building, and addition of landscaped areas – Marciano Bass River Trust Hurlburt reads a legal notice. Dylan James of Meridian Engineering provides an overview of the project. The applicant is proposing to resurface parking areas, replace the 6 storage trailers with an 864 square foot storage building, remove portions of pavement and replace it with lawn. The existing pavement equals about 45,250 square feet, and this plan reduces the impervious surface by 9,260 square feet to 35,990 square feet. Lang asks if there is some reason why the applicant wants to gravel an area and not have the entire area asphalt. James responds that they just thought the least amount of pavement would be better. Lang asks if any members of the public have questions or comments. There are none. Paluzzi moves to issue a Negative #3 Determination, seconded by Goodenough. All members in favor. Motion carries. New: 287-289 Hale Street – Renovations to Tupper Hall – Endicott College Hurlburt reads the legal notice. Joe Orzel appears on behalf of the applicant, Endicott College. He provides an overview of the project. The applicant proposes to conduct renovations to Tupper Hall, including three enclosures of existing terrace. All of the work will be on existing footprint of the building. There is no extension of the footprint proposed. Conservation Commission Meeting Minutes October 29, 2002 Page 3 Richard Wylie, President of Endicott College states 300 students have been moved from the south campus to a different residence hall. The goal has been for a number of years to turn Tupper Hall into more of an executive training center for the college. The building is over 100 years old and needs some major renovations inside. Tupper Hall is now used for events. By enclosing it and air conditioning the facility, the sound will stay inside. The renovations ultimately will include enclosing the patio, which will be primarily glass. An elevator will be put inside. The building will be sprinkled and all work on the utilities will be outside the buffer zone. It will take approximately one year to finish the whole project. Lang asks if excavation is being proposed for only the water lines coming in from outside the buffer zone. Orzel responds that is correct. Lang asks if there are any questions from the public. There are none. Paluzzi moves to issue a Negative #3 Determination, seconded by Johnson. All members in favor. Motion carries. Paluzzi moves to recess for public hearing, seconded by Dr. Johnson. All members in favor. Motion carries. Abbreviated Notice of Resource Area Delineation Cont: off Boulder Lane – Resource Area Delineation – Miles Group, Inc. William Manuell appears on behalf of the applicant. He states at the last hearing he introduced the project and explained the wetland delineation. Michael DeRosa has been retained by the Conservation Commission to review the ANRAD and he submitted a letter to the Commission. Michael DeRosa states that he did confirm the boundary line and did not have a problem with the delineation. There are three vernal pools on the site; two of them are located on the Wenham side of the property and one on the Beverly side. DeRosa explains that there is a small upland area to the west, and in his opinion it should be placed under a conservation restriction as he believes it is a highly valuable habitat area for the surrounding wetlands. Lang asks if there are any comments from members of the public. There are none. Dr. Johnson moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Notice of Intent Conservation Commission Meeting Minutes October 29, 2002 Page 4 76 Paine Avenue – sheet piling installation – Harold C. Booth c/o BNB Trust Dept. Hurlburt reads the legal notice. Cal Balsley from Hayes Engineering appears on behalf of the applicant. He states the applicant is seeking permission to install sheet piling and a 21-foot wide, 6-inch thick poured concrete cap with associated grading on an existing seawall. Lang states he would like to see this project. Paluzzi asks when the granite wall was put in. Balsley estimates early 1900’s. There is discussion regarding the wall. Balsley states that the water is rushing behind the wall and out through the wall. Lang asks if it is taking other materials behind the wall back up out to sea. Balsley responds ‘yes’. Lang asks if the sheet piling wall would be driven below grade by some distance. Balsley responds ‘40 feet’. Dr. Johnson states that the sand in front of the wall has eroded many feet in the last 40 to 50 years. Thirty years ago, the steps from the top of the wall down to the beach and now the high water level at high tide comes right up to this point. At some time in the last 20 years, a large number of boulders were added outside the wall and he is not sure it ever came before the Conservation Commission. They were placed in order to protect the lower wall, perhaps after the blizzard of 1978. Dr. Johnson thinks there should be a site visit. Lang asks if members of the public have any questions. There are none. Paluzzi moves to continue the hearing to November 19, 2002 pending a site visit on November 2, 2002 at 8:30 a.m., seconded by Goodenough. All members in favor. Motion carries. New: 24 Paine Avenue – replacement of cesspool with septic tank – Mrs. Daniel Baldini Hurlburt reads the legal notice. John Jacobi appears on behalf of the applicant. He states that the applicant has a failed cesspool, which is approximately 20 feet from a BVW. The applicant is proposing to replace a cesspool with a 1500-gallon septic tank, 1000-gallon pump chamber and a 150-foot soil absorption field within the Riverfront and buffer zone of a BVW. He states he anticipates restrictive use of machinery because of the close proximity to the BVW. The Board of Health has approved the plan. Conservation Commission Meeting Minutes October 29, 2002 Page 5 Lang asks how close the work will come to the BVW. Jacobi responds approximately 23 feet. Lang asks if members of the public have any questions. There are none. Paluzzi moves to close the hearing, seconded by Goodenough. All members in favor. Motion carries. New: 33 Crescent Avenue – renovation & pouring of concrete foundation to replace existing deck – Andrew & Betsy Angelico Hurlburt reads the legal notice. The applicant is proposing to renovate the first and second floor, as well as pour a concrete slab foundation, to replace an existing deck off the back of the house. Paluzzi asks if the work will be within the footprint of the house. Angelico responds ‘yes.’ Lang asks if members of the public have questions or comments. Mike Jennings, 35 Crescent Avenue states he has known the Angelicos for over 30 years. They are fantastic people and he is in favor of the project. Paluzzi moves to close the hearing, seconded by Goodenough. All members in favor. Motion carries. Extension Permit 19 Congress Street – DEP File #5-644 – Philip Hansbury Hurlburt states there was discussion that the work has begun on the site and there were some conditions that the Commission had imposed. In the meantime, it was found that the conditions expired on October 28, 2002. She made a call to DEP regarding the extension of the Order of Conditions. The applicant inquired about the extension before they were expired. DEP has issued extensions to expired Order of Conditions in certain situations. Mr. Hansbury is looking for an extension on the Order of Conditions. Hurlburt states one specific condition was regarding a stonewall as follows: There is a limit of work area to be considered as the lower stonewall that is identified on the plan. A design specialist will be retained by the applicant to define the methods to be used during excavation for the proposed housing construction and how these methods will affect the integrity of the adjacent high stone retaining walls identified in the plan. This report must be submitted to the Commission once it is completed. Conservation Commission Meeting Minutes October 29, 2002 Page 6 Hurlburt asks Amy Maxner to provide information regarding the report and Mr. Killilea’s response. Maxner states the report was supposed to address both the methods and approach to excavation of the wall and where excavation should stop. Frank Killilea wanted some more information regarding Rumpf’s qualifications with regard to projects of this nature. Mike Testaverde with Kelleher Construction states that the soil has been removed and ledge is now exposed. The engineer will go out to examine the existing conditions and he will write another report regarding the conditions of the ledge and the retaining wall and how they should approach building the foundation into the ledge. Hurlburt states Frank Killilea wants the experience of Rumpf, the applicant’s engineer, as well as a geotechnical report regarding the stability of the retaining wall. She states the Commission has the first report and the applicant is moving forward. They did start work before the order expired. Before the Commission is the extension of the permit. Lang asks if there are questions from the public. An abutter to the property expresses concern that some ledge has been removed from the site. Hurlburt states that if there is loose ledge, one would want to remove it as it would not be stable to help hold any structure in place. An abutter states there are still a lot of questions regarding this project. In particular, she expresses concern that the retaining wall is unsafe. Another abutter expresses concern that the applicant is marketing an unbuildable lot. Lang responds that this is the Conservation Commission and the Commission only handles conservation issues. Lang states that the Commission has already had a hearing, deliberated and issued a permit. It is common to issue an extension for a period of time. There may be a whole set of problems with the building department in not being able to produce plans, but that is not under the purview of the Commission. Concerns regarding safety and ledge are legitimate issues and if the Commission were going to offer an extension, the Commission would make sure that the applicant submits to the Commission a geotechnical report before proceeding. Mr. Killilea would review and have to approve the geotechnical report. Paluzzi moves to grant a one-year extension for 19 Congress Street, provided that the geotechnical report is provided by the applicant and it is approved by Frank Killilea, seconded by Goodenough. All members in favor. Motion carries. Conservation Commission Meeting Minutes October 29, 2002 Page 7 The applicant will provide the geotechnical report to the Conservation Commission and the Commission will forward it to Frank Killilea. Tall Tree Drive – DEP File #5-631 – Tom Carnevale Hurlburt states that the Extension Permit for the Order of Conditions expired on May 7, 2002. Lot 1 is complete. Lot 2 is nearly complete and they are ready to move on Lot 3 (the last lot). Mr. Carnevale is requesting to extend the Order for Lot 2 and 3. Paluzzi moves to grant a one-year extension for Tall Tree Drive, seconded by Goodenough. All members in favor. Motion carries. Old/New Business Modification to DEP File #5-631 – Lot 3 – Tall Tree Drive - Tom Carnevale Carnevale is proposing to make the house larger and to shift its position to provide a bigger yard. Hurlburt recommends that if the Commission approves it, they should do so contingent upon a plan. She would like to see a revised plan. Mr. Carnevale agrees to get the revised plan to the Commission next week. Paluzzi moves to approve the Modification of a larger house footprint of 120’ X 40’ and the new house location for Lot 3, Tall Tree Drive, seconded by Goodenough. All members in favor. Motion carries. Certificate of Compliance 45 Enon Street – DEP File #5-775 – Enon Street LLC Hurlburt states this was tabled at the last meeting because the representative did not arrive in time. The project involves the removal of 8” to 4’ of fly ash in the buffer zone to an ILSF. Luke Fabri provides an overview of the project. Hurlburt states that the applicant is requesting a waiver of condition 41 requiring certification of PE as the applicant is a LSP and can certify that the work has been done in accordance with the conditions. Hurlburt states that Pam Kampersal provided a letter to the Conservation Commission dated October 27, 2002. Kampersall expressed her concern about the changes made to the area and how the resources areas have been affected. She also states that there should be four monitoring wells that should Conservation Commission Meeting Minutes October 29, 2002 Page 8 be maintained and Lang states most of the items Kampersal raises are not under the jurisdiction of the Conservation Commission. He recommends that Kampersal send her comments to the DEP. Fabri responds to Kampersall’s comments and states that the detention basin and associated rip- rap are functioning the way they are supposed to, and that there is no erosion in the buffer zone. He also stated that some trees had to be removed because the fly ash was 6 feet down in some places and buried above the water table, and the roots of the trees would cause problems. Dr. Johnson moves to approve the Certificate of Compliance for 45 Enon Street, seconded by Paluzzi. Motion carries (5-0-1, Squibb abstains). 10 Avalon Avenue – DEP File #5-751 – Frederick B. Horne Hurlburt states this project involved the reconstruction and extension of an in-ground pool located in the buffer zone to coastal bank. They constructed everything but did not include the retaining wall bench northwest of the concrete wall. They added a 10-foot diameter spa and two under drains on the property. Maxner went out to the site, took photos and stated that everything looks fine. Paluzzi moves to issue a Certificate of Compliance for 10 Avalon Avenue, seconded by . All members in favor. Motion carries. Other – 495 Cabot Street Update Squibb recuses himself from this discussion. Hurlburt states at the last meeting members of the Commission were asked to attend an Adjudicatory Hearing. Jon Mazuy attended the hearing. In the interim, work was being conducted on the site, which was stopped. They were stockpiling material in the buffer zone and were told to remove the material and the request was complied with. Hurlburt states she did not attend the Adjudicatory Hearing. Jon Mazuy did attend the hearing. Squibb states the plan that was submitted to DEP was substantially different from the plan that the Conservation Commission approved. Lang states that the applicant made minor changes to the plan, but the Commission denied the project. The applicant went to the state with a new plan, not the plan they gave to the Commission. Hurlburt asks if the judge will remand it back to the Conservation Commission so the Commission Conservation Commission Meeting Minutes October 29, 2002 Page 9 can review it again. Squibb responds that it is his understanding that the applicant must resubmit. Paluzzi motions to send a letter to the court that the Beverly Conservation Commission accepts the opportunity to review the changes made to the plan for 495 Cabot Street, seconded by Johnson. All members in favor. Motion carries (5-0-1, Squibb abstains). Tall Tree Drive – Superceding Order of Conditions Hurlburt states that the Commission has appealed DEP’s Superseding Order of Conditions for Tall Tree Drive DEP File # 5-760. Abbreviated Notice of Resource Area Delineation Off Boulder Lane – Resource Area Delineation – Miles Group, Inc. Paluzzi moves that the wetland line is accurate and that the uncertified vernal pool be identified, seconded by Goodenough. All members in favor. Motion carries. Orders of Condition 24 Paine Avenue – replacement of cesspool with septic tank – Mrs. Daniel H. Baldini Paluzzi moves to issue the following conditions: 1.) Standard conditions. Seconded by Goodenough. All members in favor. Motion carries. 33 Crescent Avenue – renovation & pouring of concrete foundation to replace existing deck – Andrew & Betsy Angelico Paluzzi moves to issue the following conditions: 1.) Standard conditions. Seconded by Goodenough. All members in favor. Motion carries. Discuss holiday party th Members discuss holding December 14 for the holiday party. Regulations Hurlburt states that now the Conservation Commission has the new Environmental Planner, she Conservation Commission Meeting Minutes October 29, 2002 Page 10 will start working on the Regulations. Approval of Minutes Paluzzi moves to approve the minutes dated September 10, 2002 as written, seconded by Dr. Johnson. All members in favor. Motion carries. Miles River Task Force Hurlburt states Jon Mazuy attended a few of the meetings but will not be able to continue attending the meetings. Hurlburt asks if any Commission members are interested in attending to please let her know. Paluzzi moves to adjourn, seconded by Dr. Johnson. All members in favor. Motion carries. The meeting is adjourned. Conservation Commission Meeting Minutes October 29, 2002 Page 11