Loading...
2002-05-14 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: May 14, 2002 BOARD MEMBERS PRESENT:Chairman David Lang, Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy, Richard Benevento BOARD MEMBERS ABSENT: Linda Goodenough OTHERS PRESENT: Conservation Agent Debbie Hurlburt RECORDER: Karen Bradley Call to Order Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability Continued: 5 Nicole Avenue – removal of trees, raise grade, and installation of above ground pool – Scott Keaton Scott Keaton is present and states that the pool location that has been staked out is approximately 30 feet from the wetland. A site inspection was conducted by the commission on April 27, 2002. Lang asks if there are any questions or comments from the commission. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Johnson. Motion carries 5-1. Mazuy opposed. New 476 Essex Street – installation of above ground pool 0 Carolyn and Glenn Gourdeau Hurlburt reads the legal notice. Lang asks how far away the pool will be located from the wetland. Gourdeau states approximately 10 feet. Paluzzi asks how extensive the excavation will be. Gourdeau states that excavation will be minimal, approximately one foot on one side of the pool. She states that she will use the excavated material to fill in around the sides of the pool. Paluzzi asks if the wetland is fenced off. Gourdeau states yes. Lang asks if the pool will be drained in the fall. Gourdeau states that they do not plan to drain the pool. Lang reminds Gourdeau not to drain into the wetland. Lang asks if there are any additional questions from the commission. There are none. Conservation Commission Meeting minutes May 14, 2002 Page 2 Lang asks if there are any questions from the public. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Mazuy. All members in favor, no one opposed. Motion carries 6-0. New: 234 East Lothrop Street – addition to deck – John and Mary Elizabeth Butler Hurlburt reads the legal notice. John Butler is present and explains that they propose to construct a 13-foot by 13-foot extension of a deck approximately 35 feet from a stream at the rear of his property. He states that the deck is presently 10-foot by 10-foot. Mazuy asks if it is a perennial stream that exists on the property. Butler states yes. Mazuy asks what will be done with the excavated material. Butler states they plan to put it under the existing deck area. Lang asks if there are any additional questions from the commission. There are none. Lang asks if there are any questions from the public. There are none. Benevento moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor, no one opposed. Motion carries 6-0. New: 7 Cherry Road – construct wood deck – Vanessa and John Linkletter Hurlburt reads the legal notice. John Linkletter is present to explain the project. He states that the name of the stream present on this property is Piped Brook. Lang asks if this brook flows all year. Linkletter states yes. Paluzzi asks what will be done with the excavated material. Linkletter states that it will be used under the deck and in the garden. Mazuy asks the location of the garden. Linkletter states that the garden is to the left of the house. Lang asks if there are any additional questions from the commission. There are none. Lang asks if there are any questions from the public. There are none. Conservation Commission Meeting minutes May 14, 2002 Page 3 Mazuy moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor, no one opposed. Motion carries 6-0. New: 10 Patti Road – addition of two levels to existing house – Michael Kirsch Hurlburt reads the legal notice. Michael Kirsch is present to explain the project. He explains that he is not adding two stories to the existing house; he is adding an addition that is two stories high. He states that they plan to remove the existing deck and hot top what exists under the deck. He states that the hot top will be taken away and all excavated dirt will be used on other sections of the property. He states that he will not put any of the excavated material in the wetland area. Mazuy asks if the wetland is creeping up on this property. Kirsch states that in heavy rain, is does creep up. Lang asks if there are any additional questions from the commission. There are none. Lang asks if there are any questions from the public. There are none. Paluzzi moves to issue a Negative Determination #3, seconded by Mazuy. All members in favor, no one opposed. Motion carries 6-0. Recess for Public Hearing Benevento moves to recess for public hearing, seconded by Paluzzi. All members in favor, no one opposed. Motion carries 6-0. Notice of Intent New: 34 Fosters Point – demolish existing garage and dwelling and erect new dwelling – Martin and Amanda Plecinoga Hurlburt reads the legal notice. Bill Manuell of Wetlands and Land Management is present to represent the owners of the property. He explains in detail the layout of the site located on the Danvers River. He states that there is a distinct line of salt marsh across the back of the lot and the entire lot is encumbered by riverfront area. He states that a portion of the existing home is within Land Subject to Coastal Storm Flooding. Manuell states that this proposal is to take down the existing structure and rebuild in essentially the same footprint. He points out that some of the benefits to this proposal will be that the dwelling will not have a full basement and the driveway will be moved to the front of the new home with a closed garage. He also states that the shed on the property will be demolished. He states that all residential construction material will be moved further away from Conservation Commission Meeting minutes May 14, 2002 Page 4 the salt marsh with this new proposal with a decrease of approximately 500 square feet of impervious area. He states that there will be no alteration to the salt marsh and provides a detailed explanation of the building techniques to be used for the project. Mazuy asks if the same foundation will be used. Manuell states no, the foundation configurations are slightly different. The owner of the property, Martin Plecinoga explains the variations of the new foundation. Benevento asks if there will be a dumpster on site during construction. Manuell states yes. Benevento states that he is concerned for debris blowing into the river during construction. Manuell states that erosion controls will be located across the back of the property, which will also prevent trash from blowing into the river. Paluzzi asks where the excavated materials will go. Manuell states that the excavated soil will be used to bring the slab of the garage up to grade. Paluzzi asks if they anticipate water when digging the foundation. Manuell states that in the event that they hit water a discharge hose in the middle of the lawn will be in place with a haybale silt corral to catch the outflow. Plecinoga adds that a 6 Fosters Point they did not encounter a dewatering situation during construction. Lang asks if there are any additional questions from the commission. There are none. Lang asks if there are any questions from the public. There are none. Johnson moves to close the public hearing, seconded by Benevento. Motion carries 5-0-1. Mazuy abstains. Order of Conditions 34 Fosters Point – Martin and Amanda Plecinoga Benevento moves to issued Standard Order of Conditions with the following conditions: · Submission of a detailed dewatering plan in event that groundwater is encountered; · Dumpster be required on site during construction; · Construction debris be picked up on a daily basis. Seconded by Mazuy. All members in favor, no one opposed. Motion carries 6-0. Conservation Commission Meeting minutes May 14, 2002 Page 5 Old/New Business Discussion - Trask Street Property – potential Dog Daycare/Kennel Hurlburt states that Mr. Oliver in interested in purchasing property on Trask Street with the intent to open a Dog Daycare. She states that eventually he would like to add a kennel on the site. Mr. Oliver is present and explains the layout of the site. He states that he spoke with Tim Brennan and received his okay for the Dog Daycare and would like to fence in a specific area, which he points out. Paluzzi asks what type of fence he intends to put up. Oliver states a stockade with a metal inlay. Hurlburt explains that the stockade fence should not be an issue. She further explains that Oliver would like the Conservation Commission’s input prior to him purchasing the property as to whether or not they foresee any issues with his intent for the property. Lang states that a dog kennel housing 30 to 40 dogs near a wetland could be an issue. Mazuy is in agreement with Lang. Hurlburt states that if Oliver connects to a septic tank that would be located as far away from the wetland as possible it could alleviate any runoff issue into the wetland. A detailed discussion takes place on the details of this issue. Discussion - within Beverly Harbor – construct natural gas pipeline – Algonquin Gas Transmission Company Benevento states that he incorporated his comments into the draft Order of Conditions. He states that he has made copies for all members of the commission to review. Lang asks if there are any issues that the commission would like to discuss prior to the special meeting next week. Benevento states that he is of the opinion that it should be the responsibility of the applicant to remove and dispose of any contaminated materials. He states that any other applicant that comes before this commission would be required to remove and legally dispose of any disturbed soils. He states that it is unlikely that any consultant will be able to determine how far the contamination will spread throughout the harbor during disturbance. Benevento provides details of Condition #31 that he has added (see draft Order of Conditions). He states that this condition is no different than the Wetlands Protection Act or the city’s Wetlands Ordinance. Benevento is of the opinion that the applicant must ensure the safety and clean quality of Beverly Harbor that the city has been trying to clean up for the last several years. Conservation Commission Meeting minutes May 14, 2002 Page 6 Lang states that he supports Condition # 31, but feels that the levels of contamination should be defined and included in this condition. Mazuy is in agreement. Paluzzi states that he is also of the opinion that all disturbed contaminants should be removed. A detailed discussion takes place regarding the use of an environmental bucket in the contaminated areas. Lang explains that the use of this bucket is extremely expensive which would explain why they are only using it in very specific areas. Benevento again stresses the importance that the applicant should remove any disturbed contaminated materials. He states that it is up to the applicant to decide how to remove and legal dispose of the contaminants. Lang adds that the Horizontal Directional Drilling method would be another option for the applicant through the contaminated areas. Benevento states that another option is to move the pipeline to avoid contaminated areas. Johnson states that he clearly remembers that the technique originally presented by Algonquin Gas for the contaminated areas was to use HDD. He adds that the current plan is to use HDD only in the least contaminated areas of the project and open trench drilling in the most contaminated areas of the project. He states that he cannot see how any conditions will avoid some change in the harbor habitat. He is of the opinion that the Conservation Commission has to either deny their request or request that the applicant post a substantial bond to the City of Beverly should there be any substantial damages sustained. Benevento states that there are tremendous natural resources being affected elsewhere throughout the North Shore by this pipeline. He states that he has spoken to other commissions who are also negotiating to attempt to receive some type of mitigation funds for their natural resources that are being disturbed by this project. Benevento states that an option could be to hire a consultant at the applicant’s expense. Lang is in agreement. Lang asks the commission if we should consider denying the project. Johnson states that if we deny the project, it would be appealed to DEP. Johnson states that subject to the Bylaws, the commission should approve with as many conditions that are necessary including posting a substantial bond. Benevento is in agreement with Johnson. He states that also included in his comments is adding a condition that the applicant must provide a list of personnel and telephone numbers that can be contacted 24 hours per day, 7 days per week from the contractor, the project superintendent, the project manager, their environmental consultant, etc. Benevento states that the Beverly Wetland Ordinance should also be added as a condition since it does apply in this case. Hurlburt states that she has contacted several other communities throughout the North Shore. She explains that the commission has 21 days to issue an Order of Conditions and states that the Conservation Commission Meeting minutes May 14, 2002 Page 7 commission should take the time to review all information. She adds that Beverly is not getting any mitigation and is being greatly impacted. Mazuy states that there must be a limitation documented for maintenance. He states that a three- year limitation should be enforced. Benevento states that defining a timeframe for this is difficult to determine. He states that the commission should condition that the applicant could request removal of this condition on a biannual basis. A tentative special meeting is scheduled for May 22, 2002. Hurlburt states that the core four members must be present. Those members are: Johnson, Donnelly, Lang and Paluzzi. She states that those four members have been present for every public hearing to date. Certificate of Compliance 6 Fosters Point – DEP File#5-729 – Janet and Robert Gallagher Paluzzi states that he visited the site yesterday and it looks okay. Johnson moves to approve the Certificate of Compliance for 6 Fosters Point – DEP File #5-729, seconded by Mazuy. All members in favor, no one opposed. Motion carries 6-0. 886 Hale Street – Bruce Erikson Hurlburt states that she has received a letter requesting the approval of the Certificate of Compliance for 886 Hale Street as well as the asbuilt plan. Benevento asks is the wall configuration has been modified. Hurlburt states yes. Benevento states that someone should visit the site since there has been a modification to the original plan. Benevento moves to table action until the next regular meeting scheduled on June 4, 2002, seconded by Mazuy. All members in favor, no one opposed. Motion carries 6-0. Old/New Business Scheduled Conservation Commission meeting dates Hurlburt states that the scheduled meetings for the summer are as follows: June 4, 2002 July 2, 2002 July 30, 2002 No scheduled meeting for the month of August 2002 Conservation Commission Meeting minutes May 14, 2002 Page 8 Paluzzi request to extend bulkhead and family room Paluzzi states that he plans to extend his bulkhead to the family room. He is requesting the opinion of the commission as to whether or not he is required to file. Mazuy moves that the plan is not significant enough to require filing an application, seconded by Benevento. Motion carries 5-0-1. Paluzzi abstains. Benevento request to rebuild deck Benevento states that he is rebuilding the deck on the rear of his home, which is approximately 70 feet from a resource area. He states that the contractor will remove any excavated material. Paluzzi moves that plan is not significant enough to require filing an application, seconded by Mazuy. Motion carries 5-0-1. Benevento abstains. Whitehead Pantry – installation of shed Hurlburt asks the commission if at the last regular meeting she explained a proposal that a shed be erected behind the Whitehead Pantry. Lang states yes. Hurlburt states that this information did not get recorded into the minutes. She states that the shed is 9-foot by 16-foot and would like verification that the commission agrees to this request. The commission is in agreement with this request. Lynch Park Advisory Committee Hurlburt states that the Lynch Park Advisory Committee is looking for a member of the Conservation Commission to become a member. Johnson volunteers to participate on this committee. Benevento moves to appoint Dr. Mayo Johnson to represent the Conservation Commission as a member of the Lynch Park Advisory Committee, seconded by Paluzzi. Motion carries 5-0-1. Johnson abstains. Hurlburt states that a backup member should be appointed as well. Benevento agrees to serve as backup member should Johnson be unable to attend. Essex Country Greenbelt – request to create trail Hurlburt states that Essex County Greenbelt is requesting permission to create trail on the west end of Greenwood Avenue. She reads the letter that she received from them. Hurlburt states that the Conservation owns the land. Mazuy asks what the trail will be used for. Hurlburt states that she is unsure. Conservation Commission Meeting minutes May 14, 2002 Page 9 Benevento asks if this trail goes through resource areas. Hurlburt states no. Paluzzi states that he would like to see a plan of the trail. Renee Mary, 274 Hale Street states that there is a meeting on May 23, 2002 for the North Shore Bike Coalition Meeting. She states that one of the topics to be discussed at this meeting is the plan for bike trails in this area. Johnson asks if this trail will be paved. Hurlburt states no. Donnelly states that he would like to review a cross-section of a typical trail Benevento asks Hurlburt to check with the City Solicitor if there is any liability to the city should they grant permission to this request. Lang states that he sees no problems with this request. Benevento moves to grant permission to the Essex Country Greenbelt to create trail as long as they stay out of the wetlands, seconded by Paluzzi. Motion does not carry 4-2-0. Donnelly and Mazuy opposed. Letter from Pam Kampersal – Cycles 128 Hurlburt reminds the commission of a letter from Pam Kampersal that was read at the last meeting requesting that the Conservation Commission issue a letter to Cycles 128 stating that they were in violation that the use of motorcycles be prohibited in the area behind the building. Hurlburt reads a response letter from Cycles 128 that describes the changes to the site, which conforms to the original request. She states that based on this information, Cycles 128 has completed their requirements. Hawk Hill – certified vernal pool Hurlburt states that she has received notification of a certified vernal pool present at Hawk Hill Estates. She read a letter received from Pam Kampersal dated May 1, 2002. A discussion takes place on the jurisdiction that the Conservation Commission has at the Hawk Hill subdivision. Hurlburt states DEP has jurisdiction, but if the Conservation Commission went to the site and saw a violation, the commission could request action to the DEP. A detailed discussion takes place on the responsibility of the Conservation Commission. Conservation Commission Meeting minutes May 14, 2002 Page 10 Hurlburt states that the following meetings are scheduled: Wenham Lake Watershed meeting – May 30, 2002 Norwood Pond Association – May 25, 2002 to discuss Boy Scout Clean-up Discussion – 4 Bridal Path Lane Hurlburt provides the commission with a replanting plan for the tree replacement at 4 Bridal Path Lane. Mazuy asks what the sizes of the proposed replacement trees will be. Hurlburt reads off the list of the tree to be replanted. After the commission reviews the plan it is determined that the plan is essentially a landscape plan for the owner’s driveway area. A discussion takes place regarding what diameter the trees to be replaced should be. It is decided by the commission that twelve Oak, Maple and Aspen trees, at least 4 inches in diameter should be planted. Hurlburt states that she will take the City Arborist out to the site to assure that twelve trees is enough to fill the area to be replaced. Lang suggests that Hurlburt take a camera out to the site. Adjourn Mazuy moves to adjourn, seconded by Benevento. All members in favor, no one in opposition. Motion carries 6-0. The meeting is adjourned at 9:20 p.m.