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2003-12-09 Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: December 9, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Vice Chairman Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Linda Goodenough BOARD MEMBERS ABSENT: Eileen Duff, Bill Squibb OTHERS PRESENT: Amy Maxner – Environmental Planner RECORDER: Amy Maxner Lang calls the meeting to order at 7:00 p.m. RECESS FROR PUBLIC HEARING Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries 5-0. NOTICE OF INTENT Cont: 13 Landers Drive, Kenneth DeMarco Kenneth DeMarco is asked to present the revised plan. He explains that the access to the pond will be shrunk to 10 feet, and the size of the barn has been reduced to 16’ by 28’, which pulls the structure further away from the pond. He also explains his idea for replanting along the bank of the pond, which include some lilac bushes and water lilies. Dr. Johnson states that in keeping with the rest of the pond’s natural character, the edge of lawn should be pulled back from the bank of the pond, and that a buffer strip should be allowed to establish natural vegetation and no longer disturbed. Lang agrees that a natural buffer strip should be allowed to re-establish along the bank, and suggests it be 15 feet wide. He also states that lilac bushes are not adapted to wet soil conditions, and suggests that they be replaced with highbush blueberry bushes. Goodenough states that since trees were cut, they should be replaced at least 1 for 1. Lang agrees, and suggests that red maple trees be planted. Lang asks if there are any questions from the public. Kathy Gilligan, 15 Landers Drive, states that she is pleased with the Commission’s recommendations, but still has concerns over what the barn will be used for. Beverly Conservation Commission Meeting Minutes December 9, 2003 2 Lang states that some sort of self-contained sump pump will be required for the barn floor to catch any potential contaminants. Lang asks if there are any further questions from the Commission members. There are none. Lang asks if there are any further questions from the public. There are none. Paluzzi moves to close the hearing. Seconded by Goodenough. All in favor. Motions carries 5-0. # 10 Tall Tree Drive Maxner requests that the agenda schedule be shifted to allow Attorney Alexaner and Tom Carnevale to speak to the Commission regarding # 10 Tall Tree Drive. Alexander states that the Zoning Board of Appeals granted Mr. Carnvale’s petition for a waiver from setbacks. He asks the Commission for its approval for this plan to move the settlement agreement forward. Maxner hands out a list of conditions that she thought might be helpful in resolving any lingering concerns the Commission may have about this lot. She states that due to the sensitive nature of the resource areas on this lot, she doubts the Commission would approve any further alteration of the area. All parties take a moment to review the list. Lang asks Alexander if his client would be willing to accept these conditions as part of the settlement. Alexander responds that for the most part, these are acceptable conditions. He states that deed restrictions are only effective for 30 years, so he suggests that the restriction on any further building be brought forward as a perpetual condition of the Certificate of Compliance. Maxner states that she will wait to write a letter to the DEP accepting a settlement until she receives a full-scale plan from the applicant. Hayes states that future restriction on this lot is wise as it will provide protection for the sensitive resource areas. Lang asks if there are any questions or comments from members. There are none. Paluzzi makes a motion to accept the list of conditions to be incorporated into the final settlement agreement as written by Maxner, with the restriction on future building or disturbance on the lot to be as a perpetual condition as part of the Certificate of Compliance. Seconded by Goodenough. All in favor. Motion carries 5-0. Cont: 2 Boyles Street, Manor Homes at Whitehall Ian Hayes recuses himself from this hearing. Beverly Conservation Commission Meeting Minutes December 9, 2003 3 Maxner reads a letter from the applicant’s representative requesting a continuance. Paluzzi moves to grant a continuance to the January 6, 2004 meeting. Seconded by Johnson. All in favor. Motion passes 4-0. Cont: Off Boulder Lane, Miles Group, Inc. Maxner reads a letter from the applicant’s representative requesting a continuance. Johnson moves to grant a continuance to the January 6, 2004 meeting. Seconded by Goodenough. All in favor. Motion carries 5-0. New: 302, 320, 332, 400 Hale Street, Endicott College Maxner reads the legal notice. Joe Orzel of Gulf of Maine presents for the applicant. He states the applicant’s intent on constructing a new dormitory and associated appurtenances within the Buffer Zone to an Isolated Vegetated Wetland (IVW), as well as wetland restoration activities in a Bordering Vegetated Wetland (BVW). He provides a short history of this site and explains that as part of the athletic field/complex project in 2000, a series of Federal Wetlands were filled and a detention basin was created in replication for those Federal Wetlands. He explains that presently there are a series of modular dormitories on the subject site. The proposed project will involve filling of the detention basin. To compensate for the filling of the detention pond, the BVW to the north of the subject site will be restored. Orzel explains that the BVW to be restored is bordering on a stream channel, and has been filled with compost and other debris over the years. He states that there are two vernal pools that are up gradient to this wetland and the closest pool is at least 200 feet away from any work involved in the restoration. Lang asks if there are any questions from the public. Resident of 330 Hale Street states that he is very concerned over the potential for runoff and flooding from the creation of impervious surfaces to his property. Bernie Pequin, engineer for applicant, explains that the proposed parking lot to the south of the building will be modified and the number of spaces will be reduced in order to pull it away from the 328 Hale Street residential property. Dr. Johnson asks about the retaining wall height. Pequin responds that it will be eliminated as the parking lot is being modified, instead it will be a gentle sloping grassed area. Beverly Conservation Commission Meeting Minutes December 9, 2003 4 Resident of 328 Hale Street asks why the project is within the 100 foot Buffer Zone of the IVW. Orzel explains that the project respects the 25 foot No-Disturb Zone set forth by the local Regulations, but does not entirely avoid the Buffer Zone. Lang states that the Commission should look at this area, but has concerns now that there is some snow pack. He states it is useless to look at the wetlands unless members can view the vegetation. Goodenough states that this may need to be continued should the snow cover persist. Johnson moves to continue the hearing to the January 6, 2004 meeting, pending a site inspection scheduled for Saturday, January 3, 2004 at 8:30 a.m. Seconded by Hayes. All in favor. Motion carries 5-0. The applicant agrees to the continuance, and suggests that al parties meet at the main gate at security on the morning of the site visit. ORDERS OF CONDITIONS 13 Landers Drive Paluzzi moves to issue the following conditions: § Standard Conditions; § 6 highbush blueberry bushes shall be planted to replace the proposed lilac bushes; § 4 red maple trees shall be planted; § Gravel shall be removed from the pond and the bank; § A 15 foot wide strip from the edge of the bank shall be left untouched and allowed to re- establish with natural growth and vegetation; and § A dry, self-contained concrete sump pump shall be installed in the floor of the proposed barn. Seconded by Goodenough. All in favor. Motion carries 5-0. OLD/NEW BUSINESS New: Request for Modification, DEP File # 5-761, Harrington 147 West Street Maxner explains that this existing Order is for work involving additions, garage construction and landscaping activities. This request for minor modification is to replace an existing storage shed with a larger shed. Lang asks if there are any questions from members. Paluzzi states that this change in the plan has very minimal impact, and will not be changing existing conditions to any great extent. Beverly Conservation Commission Meeting Minutes December 9, 2003 5 Goodenough moves to issue the Minor Modification. Seconded by Hayes. All in favor. Motion carries 5-0. New: Extension Permit, DEP File # 5-725, Brookwood School Maxner states that this existing Order is for pond restoration activities which have not begun due to lack of funding, but that Brookwood anticipates being able to move forward with the project in the summer of 2004. Rick Chute, Facilities Director, states that money is now available to begin the project, and they are looking to begin in early summer. Maxner states that this would be the first extension for this project. Lang asks if there are any questions from members. There are none. Paluzzi moves to issue a one-year extension to DEP File # 5-725. Seconded by Johnson. All in favor. Motion carries 5-0. Elm Top Lane – Appeal Settlement Maxner informs members that the applicants, Robert and Michael Hubbard and their neighbors have reached an agreement and all appeals have been dropped and the DEP has remanded the original Order of Conditions back to the Commission. She states that the Order covers the demolition of the existing house and construction of one house only, and that the lot has been subdivided into two building lots and the Hubbard’s plan on building a second house. She states that she will write a letter to the Hubbard’s reminding them that the construction of the second house is not covered by the current Order. 673 Hale Street, Anna Ozols – No-Spray Zone Maxner hands out a letter received from Ann Ozols concerning her request for a No-Spray zone along the railroad tracks abutting her property. Her letter explains that the Mass. Department of Agricultural Resources, Pesticide Bureau oversees the spraying of railroad right of ways, and she has been in contact with a representative, Mr. Mistovich, from that agency. Mr. Mistovich was not amenable to establishing a No-Spray zone behind Ms. Ozols’ property for fear of setting a precedent for other residents to do the same, but is aware of the ecologically sensitive nature of that area. He stated that he would instruct the workers conducting spraying to not spray if standing water is present. 299 Dodge Street, Enforcement Order Follow Up Maxner informs members that she issued the Enforcement Order to Mr. Sabatini at 299 Dodge Street, and was contacted by his wife who stated that he is in the hospital recovering from a heart operation and would not be able to attend tonight’s meeting. Beverly Conservation Commission Meeting Minutes December 9, 2003 6 Lang states that this should be followed up on this in the near future. Maxner states that she will follow up with Mr. Sabatini after the holidays. Fine Sub-Committee Follow Up Maxner states that the fine sub-committee meeting was cancelled due to the storm. She handed out correspondence received by the Assistant City Solicitor regarding the execution of fines for wetlands violations. She explained that pursuant to M.G. L. Chapter 40 Section 21D, there are specific procedures and time frames within which the Commission can assess fines to violations. The Commission has 15 days to issue a fine, and it must be presented through a ticket, which serves as official documentation of the fine and its purpose. Goodenough asks if the Commission is able to assess a fine to Elm Top Lane as well as Landmark School. Maxner states that based on the Assistant Solicitor’s interpretation of the statute it would not be advisable for the Commission to pursue fines at this late date. She highly doubts that the Commission would be upheld in court. Lang asks if there are tickets available for the Commission to use. Manxer states there are no tickets that she is aware of. Paluzzi explains that the Conservation Administrator for Topsfield has developed a wetlands fine ticket that is used regularly, and that maybe this Commission could use that as a template. Maxner states that she has asked the Topsfield Administrator to forward it and she will tailor it for Beverly, and will present it to members as well as the Assistant Solicitor for review. Goodenough states that in the mean time, if Enforcement Orders have to be issued, the Commission should make it clear that it reserves the right to assess fines, and make that a part of the EO. Members agree with this approach. Vitale Site Discussion Goodenough raises the issue of the agreement reached between New England Power and the City Council for the remediation and reuse of the Vitale Site. She states that she is disturbed by the fact that the Conservation Commission was not invited to participate in the negotiation process, or at least asked to provide suggestions or commentary on the proposed agreement as the property is still under the care and custody of the Commission. Lang states that this issue should be referred to the City Solicitor and be taken up at the next meeting once input from the Solicitor is gained. He suggests that Goodenough draft a memo to the Council stating the concerns, and members could review it at the next meeting. Approval of Minutes Paluzzi points out a small grammatical error on page 10, otherwise there are no changes suggested to the minutes of October 21, 2003 meeting. Beverly Conservation Commission Meeting Minutes December 9, 2003 7 Goodenough moves to approve the October 21, 2003 minutes as amended. Seconded by Johnson. All members in favor. Motion carries 5-0. Holiday Dinner Party Discussion There is a short discussion on menu plans for the holiday dinner party scheduled for Friday, December 12, 2003. Adjournment Johnson moves to adjourn the meeting. Seconded by Goodenough. All members in favor. Motion carries 5-0. Meeting adjourns at 8:45 p.m.