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2002-11-19 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 19, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, William Squibb, Jon Mazuy, Eileen Duff (arrived at 7:10 PM) BOARD MEMBERS ABSENT: OTHERS PRESENT: Debra Hurlburt, Planning Director and Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 107 Essex Street – addition of crushed stone and retaining wall along driveway - Perron Hurlburt reads the legal notice. Perron states it is very difficult to get in and out of the driveway. He is planning to remove a large maple tree and put in a retaining wall so that he can extend the driveway about 10 feet. The proposed retaining wall will be approximately 32 feet from the wetland. Lang asks if members of the Commission have any questions. There are none. Lang asks if members of the public have any questions. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Mazuy. All members in favor. Motion carries. Paluzzi moves to recess for a public hearing, seconded by Lang. All members in favor. Motion carries. Conservation Commission Meeting Minutes November 19, 2002 Page 2 Notice of Intent Cont: 76 Paine Avenue – sheet piling installation – Harold C. Booth c/o BNB Trust Dept. Chris Sparages appears on behalf of the applicant, Harold C. Booth c/o BNB Trust Dept. He states this is the second public hearing and since the last meeting there was a site visit. The proposal is to reinforce the area by installing sheet piling on the landward side of the seawall and add a layer of concrete in order to prevent seepage of storm water. Mazuy asks if it is the intention of the applicant for the amount of water that goes over the wall to stay confined to the property and not disperse to neighboring properties. Sparages responds the intention is not to redirect the water. The intention is to prevent water seeping out from behind the wall. Lang states he has mixed emotions about the project. He has spoken with some of the historians in the area and neighbors. Many of the residents have walked the beach for many years and now at high tide you are not allowed to do that. He wondered if this is because of the riprap that was placed in front of this wall to protect it. He wondered if it should be made more natural and not protect it by removing the rocks out and allowing the beach to reestablish itself. Lang states the Commission has asked Coastal Zone Management (CZM) for an opinion. He reads a paragraph from a letter from Trey Ruthven, a coastal engineer from Applied Coastal Research and Engineering, Inc., who advises the CZM from time to time. Mazuy asks if there is a fear that the applicant would be adversely affecting any resource areas. Lang responds that he is not sure it is affecting the resource area. He is more concerned about the rock that was put there some time in the past that was totally done without approval of the Conservation Commission and now the applicant is coming back and the Commission is asked to approve a much larger project. Mazuy states what is being proposed is not going to adversely affect property on either side of it in any way. Lang states he understands that this will provide protection and a lack of action may cause damage to the abutters. Mazuy states he read the letter from CZM and he asks what Lang’s concern is. Lang responds that he would like an opinion from CZM that arming the bank with sheet piling and more concrete is something that is allowable. The Commission has had other projects where simple armament was not allowed. Lang also suspects that the eroding area may be coastal bank. Sparages states that the approach to this project is to limit the impacts to resource areas as much as possible. He states the project is in the buffer zone but there are no performance standards for doing the work. He believes the project would not adversely affect the coastal bank and, in fact, Conservation Commission Meeting Minutes November 19, 2002 Page 3 make the situation better. As far as the Wetland Protection Act is concerned, the applicant has met all of the standards. Lang reads a letter dated November 12, 2002 from Tray Ruthven from Applied Coastal Research and Engineering, Inc. Pheobe Ingram of 78 Paine Avenue states she would be in favor of the project to protect her property and others. Mrs. Wadsworth of 77 Paine Avenue stated that if the wall was to be taken out, her field and other properties would be flooded, and expressed her support for the project. Joseph Haley, owner of 65 and 75 Paine Avenue is in favor of maintaining the integrity of the seawall. He states he has lived at his property for 35 years and has been a student of the weather action and beach erosion and he depends on the integrity of the seawall. Lang states he would like to continue the hearing until the next meeting so that several issues may be clarified. He recommends inviting Rebecca Haney (CZM) to the site. Maxner asks what the long-term maintenance regime for the seawall would entail. Sparages responds that when the steel becomes exposed, it will have to be skim coated or patched. The concern is protecting the existing wall. Mazuy asks if the applicant agrees to continue this to the next meeting. The applicant agrees. Mazuy moves to continue the hearing to the December 10, 2002 Conservation Commission meeting, seconded by Paluzzi. All members in favor. Motion carries. New: 686 Hale Street – construction of paddle tennis court – Patrick Ryan Maxner reads the legal notice. Bill Manuell appears on behalf of the applicant. He states the applicant is proposing a mini paddle tennis court. The court will sit on top of 12 sonotube piers, which will be below grade and filled with concrete. The construction methodology consists of leveling off the area underneath the tennis court (50 feet long x 30 feet wide), excavation of 12 sonotube holes and the concrete is poured. The unit is delivered and constructed on top of the sonotubes. Lang asks if there are questions from members of the board. Paluzzi asks a clarifying question regarding grading. Manuell responds that the high area will be “knocked down” about 3 ½ feet and put into the lower side of the court. Paluzzi asks if they expect to hit ledge when they put the sonotubes in. Manuell responds if that Conservation Commission Meeting Minutes November 19, 2002 Page 4 is the case, the sonotubes will be pinned to the ledge. Lang asks if there are any questions from the public. Kevin Smith, an abutter from 36 Everett Street, asks a clarifying question regarding the buffer zone. Lang explains that there is a 100-foot buffer zone measured from the edge of wetlands, and that this project is located 55 feet from the edge of this wetland in the buffer zone. The same abutter states the area is hilly and expresses concern about extra runoff into his backyard. Manuell responds that he does not think any water would ever make its way to that area due to the topography. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. New: 865 Hale Street – construction of access road and gravel staging areas – Kevin & Susan Barry Maxner reads the legal notice. Kelly Knowles from DeRosa Environmental speaks on behalf of the applicant. The applicant is proposing to make improvements to an existing overgrown cart path, construction of a walking path and gravel staging areas located within 100 feet to Isolated Land Subject to Flooding. An area of the cart path falls in the resource area and 267 square feet will be filled and will be compensated with 580 square feet of replication. Improvement to the cart path also involves removal of underbrush and placement of new layer of gravel. The walking path will involve minor grading and removal of shrubs and underbrush. The 900 square foot staging area involves minor grading. No grading is necessary for the 100 square foot area. Lang asks if members of the public have any questions. There are none. Paluzzi asks if the applicant plans to cut any trees. Knowles responds that only underbrush will be cut, no mature trees will be cut. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. New: 9 Curtis Point – construction of in-ground swimming pool, site grading, utility relocation – Sydney Jerabek Maxner reads the legal notice. Peter Flenk from Griffin Engineering speaks on behalf of the applicant. The applicant proposes to install an in-ground pool, patio area and relocate utilities within 100 feet to a coastal bank. The work for the pool will come within 50 feet to the coastal bank and the work for utility relocation will come within 25 feet of the coastal bank. There will be a 4,700 square feet of disturbance to Conservation Commission Meeting Minutes November 19, 2002 Page 5 the buffer zone, which includes grading. Flenk provides an overview of the project and states there are two revisions to the project: · There is an existing drywell relocated 81 feet from the coastal bank. · There is a proposal to put a propane tank next to the cabana area. Dr. Johnson asks if the coastal bank is reinforced. Lang recalls that this coastal bank has been subject to an Order of Conditions. Mazuy asks what happened to the application that was before the Commission to stabilize the bank. Flenk stated that the first one was denied and the second submittal was approved and the work is done. Mazuy asks if there is a Certificate of Compliance on that project. Flenk responds that it will be done with another engineering firm. Mazuy asks if the Commission can consider another application while no Certificate of Compliance has been secured for the other project. Lang responds that he thinks the Commission can issue another Order of Conditions. Mazuy asks when the applicant would like to proceed with the project. Flenk responds in the spring. Paluzzi moves to close the hearing, seconded by Goodenough. All members in favor. Motion carries. New: 391R Elliott Street – construction of single family home – William & Linda Beard Maxner reads the legal notice. The applicant proposes to construct a single family home, extension of a roadway, and associated appurtenances within a buffer zone to a BVW. The applicant is proposing to fill 480 square feet of BVW and compensate with 740 square feet of replication. The property abuts the Beverly Golf Course. The location of the house was based on the following reasons: · To comply with zoning setbacks. · To allow for a safe accessible driveway. · To minimize direct and permanent impacts to wetlands. · To minimize hazards from errant golf balls. Lang asks who delineated the wetlands. Peter Flenk responds that John Jacobi delineated the wetlands. Conservation Commission Meeting Minutes November 19, 2002 Page 6 Mazuy asks if the regulations state that the impact of golf balls would be a consideration for affecting the wetland. He states there is a very substantial space in the northern section of the property. Flenk responds the space is not substantial given the zoning setbacks. Lang states the applicant said Cleveland Road had been reconfigured to accommodate the house and there are setback problems from the reconfiguration. He asks if Cleveland Road could be reconfigured or shortened so that there would be 20-feet of frontage without putting the house in the wetlands. Flenk responds that he could not make it shorter because they need it for the minimum frontage for that lot. Hurlburt states that there seems to be enough area in the lot to avoid filling wetlands. Flenk responds that there is a problem with its proximity to the fairway. Councilor Troubetaris states that a lot of the abutters are concerned about drainage in that area. Flenk responds that it is a paper street and the area drains directly into a storm drain and into the Bass River. Lang states he is concerned about whether or not there are other alternatives. He suggests scheduling a site visit. Mazuy moves to continue the hearing pending a site visit on Saturday, November 23, 2002 at 8:00 a.m., seconded by Paluzzi. All members in favor. New: 17 Cole Street – construction of single family home – Brian Boches Maxner reads the legal notice. The applicant, Brian Boches, states that the people who own the lot appeared before the board in 1998 and it was approved. Hancock Engineering delineated the wetlands. The Order of Conditions has lapsed. The same plan is being used and it meets all setback requirements. Paluzzi moves to close the hearing, seconded by Goodenough. All members in favor. Motion carries. Old/New Business Discussion of letter from Philip Benjamin re: Eagle Scout project at Hannah School Philip Benjamin, an Eagle Scout, is interested in a project for a badge. The project is located in front of the Hannah School where there are some invasive plants. He is proposing to do the following: · Remove the invasive plants and clean up the pond area. Conservation Commission Meeting Minutes November 19, 2002 Page 7 · Clear a pathway behind the Hannah School and widen it. · Build benches in front of the pond in a circle so that the teachers can have classes there. Lang asks what the invasive species are. Benjamin responds there is a lot of purple loosestrife and also bittersweet choking one of the trees. Lang asks how the invasive species will be removed. Benjamin responds that the troop will be under the direction of Bob Speare, Master Naturalist with the Massachusetts Audubon Ipswich River Wildlife Sanctuary in Topsfield MA, who will instruct how to remove the loosestrife without spreading the seeds. The loosestrife will be bagged first so that the seeds don’t spread and then pull it out by the roots. Goodenough asks what the impact will be to the vernal pool behind the school. Benjamin responds that there is already a cleared area so if the path is widened, it would not interfere with any species. Lang recommends that Benjamin call Maxner when the troop is ready to work in that area to be sure it is not too close to the vernal pool. Lang states the reason why the Commission wanted Benjamin to come in is because there is a lot of invasive purple loosestrife in the city and the Commission needs to have some control when people go into wetlands. The Commission wanted to make sure that Benjamin understood what he was doing and that the Commission understood that it is a very limited project. The Commission generally regulates activity in wetlands through some sort of a filing. (Either a Notice of Intent or a Request for Determination of Applicability) Mazuy asks if the Commission could waive all filing fees for this application, should an application be requested. Lang states that he thinks this is a very minor project and asks how quickly Benjamin wanted to start the project. Benjamin responds as soon as possible. Hurlburt recommends that Benjamin call Maxner, the Conservation Agent, so she can look at the area. If she determines that the work is not excessive, she can approve it. Paluzzi informs Benjamin that the trail should be approximately 4 feet wide and an area cleared of about 8 feet high. And asks if he creates any trail maps, that the Open Space and Recreation Committee would appreciate a copy in order to supplement its own efforts in creating trail maps for the city. Lang thanks Benjamin for coming in and wishes him good luck. Conservation Commission Meeting Minutes November 19, 2002 Page 8 Letter from Oliver Blumgart - 8 Trask Street Mr. Blumgart states his backyard is very muddy and he would like to bring in fill to raise the grade of the backyard. He is proposing to put in fill and crushed stone to allow for drainage. The members recommend that Mr. Blumgart file a Request for Determination of Applicability. The Commission should look at the land and see what Blumgart wants to fill and then issue a determination. 27 Brackenbury Lane Maxner updates the members regarding this item. She stated that wrote a letter to Mr. Keeley, owner of 27 Brackenbury Lane, regarding cutting of trees and clearing of brush within a buffer zone to a wetland. Maxner states Mr. Keeley telephoned her and stated he would not be able to attend the meeting. She asked him to write a letter to explain exactly what he did and why he did it and she would then present it to the Commission. Lang recommends visiting the site on Saturday at 8:30 a.m. to view the property. Letter from Renee Mary, 274 Hale Street Maxner reads a letter from Renee Mary, 274 Hale Street, regarding a large branch that fell into Centerville Creek, which flows through her property. She requests permission to have a tree service company cut it so that it can be removed out of the stream’s path. Paluzzi moves to allow Renee Mary to remove the tree, seconded by Mazuy. All members in favor. Motion carries. Letter from Elizabeth Greene – L. P. Henderson Road Maxner reads a letter from Elizabeth Greene in which a conversation with Hurlburt indicated that a 30-day extension confirming a 30-day extension for the recording of the Order of Conditions for DEP File # 5-774 LP Henderson Road, Cabot Street should be acceptable, but would need to receive a final vote from the Commission. Paluzzi moves to grant a 30-day extension for recording the Order of Conditions for DEP File # 5-774 LP Henderson Road, Cabot Street, seconded by Mazuy. All members in favor. Motion carries. 495 Cabot Street Conservation Commission Meeting Minutes November 19, 2002 Page 9 Maxner states the Commission received a Pre-Conference Hearing Report for 495 Cabot Street from the Administrative Law Judge outlining the points of contention. In the letter it says that the Commission should make a motion to have the project remanded. Mazuy asks if the Commission refused to comment on the actions of the DEP. Hurlburt states yes, that the Commission was of the opinion that the DEP had jurisdiction. Mazuy asks if the Commission has waived its rights as a result of that. Hurlburt responds that there is a DEP policy that states that if a revised plan is not presented to the Commission, the DEP must send it back for the Commission’s review. DEP has asked the Commission if it was interested in commenting, but failed to send it back to the Commission. Mazuy asks if what the Commission is, in substance, making the DEP “kick it back to us and start all over again.” Hurlburt states that it is to review the plan but not necessarily start all over again. Hurlburt states that she believes the Commission should ask for a remand. The Commission has been overturned so many times that it is not right and if there is a reason for the Commission to take a stand, it should. There is discussion regarding the buffer zone. Lang questions the value of a buffer zone if it can be completely developed. Mazuy agrees. He states there are laws and if the law had been misconstrued to the Commission’s advantage, he would not feel good about it. The DEP is not concerned if this issue is cloudy, if it is going to make a mess of an area or if there is going to be too much storm water draining into the system. There is no question there is going to be an increased level of polluted water going into the Bass River from this excessive development, which is completely out of place. Mazuy states there in insufficient drainage capability set forth in the plan and he was most unimpressed with it. Maxner states the Commission has to decide who will be representing the Conservation Commission. Lang and Mazuy offer their support. Henderson Road Discussion Open Space and Recreation Committee would like to consider the Conservation Commission to allow a soccer field at the LP Henderson Road site. Goodenough states that if everybody is talking about playing fields, then maybe supporters of a previously proposed ice rink will come back and ask for reconsideration. She thinks this is a city issue and it should be very open and the Commission should be involved in it. Goodenough thinks a process needs to be in place. Conservation Commission Meeting Minutes November 19, 2002 Page 10 Mazuy expresses concern that there is a line of thought that every time the Commission gives something away, some people will not want to give property to the Conservation Commission because they intended for it to remain open space. Hurlburt states she is hearing that there should be a joint public hearing. Lang asks who would like to have public hearing. Mazuy recommends that the Conservation Commission have its own meeting first. Mazuy asks Hurlburt what the mayor’s position is on this topic. Hurlburt responds that the mayor has never indicated what his preference is for this property. He has stated that the Conservation Commission should be the determining factor, as it is the manager of the site. Dr. Johnson agrees that the Conservation Commission should have a public hearing and that the city should know that if the Commission gives the land back to the city for public use, the Commission will expect at least equal city land given to the Commission in exchange. The members agree to schedule public hearings after the holiday. Certificate of Compliance 10 Shannon Lane – Michael & Kim Bushey Maxner reads a letter from the Bushey’s requesting a Certificate of Compliance for 10 Shannon lane. They are asking for the conditions that require an as-built plan stamped by a P.E. and letter by a P.E. or a L.L.S. stating compliance be waived. Maxner visited the site and presents photos to members to review. Mazuy moves to issue a Certificate of Compliance granting the waivers for 10 Shannon Lane, seconded by Paluzzi. All members in favor. Motion carries. Discussion of Wetland Regulations Lang recommends discussing Sections 1 and 2 of the Wetland Regulations at the next meeting. Members agree with the recommendation. Orders of Condition New: 686 Hale Street – construction of paddle tennis court – Patrick Ryan Paluzzi moves to issue Standard Conditions, seconded by Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes November 19, 2002 Page 11 New: 865 Hale Street Mazuy moves to issue Standard Conditions, seconded by Paluzzi. All members in favor. Motion carries. New: 9 Curtis Point – construction of in-ground swimming pool, site grading, utility relocation – Sydney Jerabek Mazuy moves to issue the following conditions: 1. Standard Conditions. 2. Diatomaceous Earth or any other filter waste shall be discharged into a device to preserve the product and to prevent it from being discharged to the environment. 3. Diatomaceous Earth shall be properly disposed of. Seconded by Goodenough. All members in favor. Motion carries. 17 Cole Street – construction of single family home – Brian Boches Mazuy moves to issue the following conditions: 1. Standard Conditions. 2. Special Conditions 3, 4 and 5 from the Order of Conditions issued February of 1999. Seconded by Paluzzi. All members in favor. Motion carries. Approval of Minutes Paluzzi moves to approve the October 1, 2002 minutes as written, seconded by Johnson. Motion carries. Mazuy abstains. Adjournment Paluzzi moves to adjourn, seconded by Mazuy. All members in favor. Motion carries. The meeting is adjourned at 10:15 PM.