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2003-10-21 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 21, 2003 BOARD MEMBERS PRESENT: David Lang (Chairman)Tony Paluzzi (Vice Chairman), Linda Goodenough, Dr. Mayo Johnson, Eileen Duff, William Squibb and Ian Hayes BOARD MEMBERS ABSENT: OTHERS PRESENT: Amy Maxner, Conservation Agent, Deb Hurlburt, Director, Planning Department RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 45 Beaver Pond Road – construction single family home – Martins Const. Co. Ann Spier from Martins Construction Company presents for the applicant and explains that a single-family home is proposed, and most of the construction is out of the Buffer Zone to Bordering Vegetated Wetlands located across the street. The only activities within the Buffer Zone is a portion of the driveway leading to the house. She states that there are no other activities proposed in the Buffer Zone and that the limits of the Buffer are staked with hay bales and silt fence to avoid any sedimentation. Maxner stated that she has visited the site and the erosion control indeed clearly marks the limits of the Buffer and they have been installed properly. Paluzzi asks if there will be any trees removed from the Buffer Zone. Spier states no vegetation will be disturbed or cut in that area. Paluzzi asks is there will be any stockpiling of soil or other material in the Buffer Zone. Spier states that there will be no stockpiling of any material in that area, and adds that the hay bales will act as a limit of work for the on-site crew. Lang asks if there are any more questions from the Commission. There are none. Lang asks if there are any questions from the public. There are none. Conservation Commission Meeting Minutes October 21, 2003 Page 2 Paluzzi moves to issue a Negative #3 Determination. Seconded by Duff. All in favor. Motion carries 7-0. Recess for Public Hearing Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries 7-0. Certificate of Compliance New: Beverly Harbor, DEP File #5-745 – Alongquin Gas Transmission Company Dennis Blais and George McLachlan present for the applicant. McLachlan explains that this request for Certificate of Compliance is for work performed during the exploratory borings and geotechnical investigations evaluating the sea floor sediments and terrain. There is a short discussion of the overall project and the present status of its progress. Paluzzi moves to issue a Certificate of Compliance for the completion of the exploratory borings and geotechnical investigations performed during August and September of 2001. Seconded by Johnson. All in favor. Motion carries 7-0. New: 167 West Street, DEP File #5-744 – Wendy Drinkwater Maxner states that she has visited the site on two occasions to observe the wetland replication areas and the general site conditions. She states that Ms. Drinkwater has been very conscientious in keeping her abreast of the project’s progress. Maxner has observed that the replication area is thriving and there is vigorous growth of numerous wetland shrubs, bushes and herbaceous plants and hands out photographs provided by Ms. Drinkwater. She explains that Ms. Drinkwater planted several evergreen trees as called out on the replication plan, but that they were not thriving in the wetland area and so she uprooted them and planted them in an upland area of her lawn. She stated that they eventually died off, and Ms. Drinkwater sent some root samples of these dead trees to the UMASS Forestry Division to have them analyzed. UMASS determined that these trees’ roots were waterlogged and were not suited for such inundated conditions found in the replication area. Maxner explained that the pool has been constructed in accordance with the latest plan which moved it closer to the house and away from a steep drop off of the seawall. The disturbed soil has been loamed and seeded and landscaping has been completed. Lang states that it seems that Ms. Drinkwater has made great efforts to comply with the Order of Conditions. Paluzzi moves to issue a Certificate of Compliance for work completed at 167 West Street. Conservation Commission Meeting Minutes October 21, 2003 Page 3 Seconded by Hayes. All in favor. Motion carries 7-0. Notice of Intent Cont: Off Boulder Lane – construct multi-use age-restricted housing development with roads, utilities – Miles Group, Inc. Maxner reads a letter from William Manuell requesting a continuance of the public hearing to the December 9, 2003 meeting. th Paluzzi moves to continue the hearing to the December 9 meeting. Seconded by Johnson. All in favor. Motion carries 7-0. 84 West Street – remove existing garage, construct garage and in-ground pool – Joseph Leone William Manuell and Robert Griffin present for the applicant. Manuell explains that based on feedback from the Commission and abutters, the following changes have been made: · Land subject to coastal storm flowage has been re-characterized as inland bordering land subject to flooding; · The in-ground pool and concrete decking has been eliminated in favor or an outdoor spa; · The garage has been rotated and driveway has been reconfigured to avoid the elevation 10 contour; · Grading that extended into the backyard has been eliminated; · Only one large silver maple will be removed as it sits in the footprint of the garage; · The spa will involve the filling of 100 square feet of bordering land subject to flooding, but 470 square feet of compensatory storage is proposed as mitigation. These changes result in approximately 700 square feet of impact over the 5,000 square foot disturbance threshold outlined in the 310 CMR, but the riparian replanting area provides approximately 1200 square feet of mitigation (or 1 : 1.5) for this encroachment. Mr. Manuell suggests that the Commission establish a special condition requiring that the compensatory storage area be created and certified by a professional prior to any other portion of the project commencing. Hayes states the water is the issue and it is exacerbated because of the close interrelationship between the surface and groundwater. Lang asks if the compensatory flood storage is situated below elevation 10. Griffin states that is correct. Paluzzi asks if the present elevations on the site will remain the same. Griffin states that is Conservation Commission Meeting Minutes October 21, 2003 Page 4 correct, except for a small area near the outdoor spa, which is being compensated for. Manuell states that Mr. Leone has come a long way and has made many improvements. He states the area is a very sensitive area but would ask the Conservation Commission to give serious consideration to anything going inside the inner 100-foot riparian zone to Chubbs Brook. Peter Ogren, Hayes Engineering states he has been retained by Mr. Smallhorn and other neighbors to take a look at this proposed project. He hands out a series of photographs of the Smallhorn and Leone properties depicting flooding from recent rain fall events. He provides following comments to determine if the project is in compliance: · The pictures raise the issue as to whether elevation 10 is the appropriate issue. He agrees with Bill Manuell that the presumption is that the Bordering Land Subject to Flooding is the FEMA elevation. Observation can be utilized to determine flood elevation, and it could be that the FEMA map is in error. He has looked at the photos and the site and it is his intention to do levels to determine if elevation 10 is the appropriate elevation; · He would like to have an opportunity to look at the test holes and the groundwater tables; · Ogren questions whether the garage is entitled to grandfathering in the Act that says you can build an accessory structure on the lawn area. The DEP hasn’t reviewed it that way, and has maintained that it is not accessory. He understands that the DEP interprets it that you can do a replication (one for one replication) for all of the disturbed area within the inner riparian zone. Ogren questions why it was not considered in the alternatives analysis that the garage be moved up a little closer to the house to get out of the first 100 feet. Maxner asks what the total square footage of disturbance within the inner riparian zone. Manuell responds that he does not have the exact numbers but it is a minimal area. Paluzzi asks that the area of disturbance in the 100-foot buffer zone be provided for the next meeting. Squibb asks what the composition of the driveway is. Manuell states it is presently paved and it is proposed to be paved. There is discussion regarding the area where Chubbs Brook crosses Beach Street. Griffin states there is a crossing and two large culverts at Beach Street. He states one of the culverts is full of debris and sediment, and there is probably less effective capacity of the culverts because they have not been maintained in a number of years. He states if there has been any flooding in recent years showing up in photographs, it has been worsened by the condition of the culverts. Lang responds that he finds that hard to believe just looking at the flood maps. Maxner asks if any consideration has given to the material used for the driveway and if it is impervious material, how does it impact the drainage. Griffin states it is something that could be reconsidered. Conservation Commission Meeting Minutes October 21, 2003 Page 5 Johnson states that he would like the opportunity to view the site one more time in light of these changes to the plan. Paluzzi moves to continue the hearing to November 18, 2003 at 7:00 p.m., seconded by Duff. All members are in favor. Motion carries 7-0. A site visit is scheduled for Saturday, November 15, 2003 at 8:30 p.m. Cont: 2 Boyles Street – construct roads, site grading, drainage, and utilities for subdivision and construct five single-family homes – Manor Homes at Whitehall Ian Hayes recuses himself from this hearing and leaves the room. Robert Griffin presents for the applicant, and explains that the project involves the construction of roadways, site grading, drainage structures, utilities installation and construction of 5 single-family homes as part of a 28-lot subdivision. At the last meeting, members determined it prudent to hire independent consultants to review the drainage and storm water design and evaluate the impacts of the development on Vernal Pool and wildlife habitat. Hurlburt states that on the September 30, 2003 meeting the Commission approved hiring independent consultants for a wildlife habitat study and review of the drainage analysis. The Commission indicated at that meeting that it would be interested in names from anyone to aid the Commission in trying to achieve that goal. One name was highly recommended that the Commission was hoping to retain but before the Commission could do that, the developer had chosen to hire them. She then had to find three additional names to choose from. The name of the first consultant was Brian Butler of Oxbow Associates. Lang asks Griffin if the applicant has retained Brian Butler. Griffin responds that Brian Butler has been retained because he has special expertise in vernal pools. The applicant did not intend to upset anybody by retaining Brian Butler. He states he recalls that two names were suggested by the public at that meeting. Hurlburt states the Planning Department was not aware that the applicant was going to hire someone so it came as a shock that they hired a vernal pool specialist. Maxner has contacted three other organizations, submitted a scope of work and received quotes back. The Planning Department is reviewing the responses. Hurlburt states that late this afternoon a fax came in from Griffin Engineering, which Maxner did not see until 6:30 this evening. Hurlburt made copies and distributed the letter for members to review. Hurlburt states that at the last Conservation Commission meeting it was abundantly clear that the Commission wanted an independent review of the drainage survey that was conducted. Only the Planning Board has gone out for bids on their own and they are utilizing Camp, Dresser & McKee. Conservation Commission Meeting Minutes October 21, 2003 Page 6 Griffin states that he felt it unfair of the Commission to require a third expert to review the drainage, as his client is already paying for Planning Board review by Camp Dresser & McKee. Hurlburt states she read the letter several times and pulled out the Ordinance that has been in placed for over a year and a half and reads it for the record: “Upon receipt of a common application or RFD for complex projects such as subdivisions, the Commission is authorized to require the applicant to pay a reasonable cost determined by the Commission, not to exceed 0.5% of $5,000 for specific expert engineering and other consultant services deemed necessary by the Commission to finalize a decision on the application. Any unused portion will be returned to the applicant.” Lang states the applicant does not need to participate in the procurement process. The Commission does not need the applicant’s help in choosing qualified independent experts. Griffin states that there was agreement at the last meeting that there would be a discussion regarding the names and rates of the consultants. His recollection of the drainage discussion was that the Commission expressed a concern that Camp, Dresser & McKee might have the calculations assigned to a very young and less experienced engineer. He disagrees and does not think the applicant should have to pay to have a second company reviewing the same drainage calculations. Lang states the Commission wished to retain an independent reviewer for the drainage, and intends to do so. Lang asks if there are any questions from the public. Joanne Avallon, 13 Boyles Street, states that she conducted a site visit with Michael DeRosa at 13 Eisenhower Avenue to investigate a potential Vernal Pool on this property. She submits that the applicant should be required to flag this wetland and depict it and its Buffer Zone on the plan. Griffin asks if the property owner would provide permission for this. The property owner, Edward Doherty, states that he is would grant permission for anyone to enter his property to investigate this area. Manuell agrees that he will flag this wetland area. Paluzzi moves to continue the hearing to the November 18, 2003 meeting, pending the review of the Commission’s independent expert review reports for the Vernal Pool habitat and drainage. Seconded by Johnson. All in favor. Motion carries 6-0. Griffin agrees to the continuance on behalf of the applicant. Hayes returns to the meeting. New: 261 Hart Street – landscaping and grading activities – Hilary Gabrieli Maxner reads the legal notice. Conservation Commission Meeting Minutes October 21, 2003 Page 7 Mary Rimmer, Rimmer Environmental, provides an overview of the project, and explains that the applicant proposes to perform grading and landscaping activities within the Buffer Zone and 25- Foot No-Disturbance Zone to an Isolated Vegetated Wetland. She states that historically, the area immediately adjacent to the wetland was used as a dumping area for composting yard waste and has resulted in a very large mound with steep slopes on the wetland side. The applicant proposes to remove the dumped material and regrade the slope along the southerly edge of the wetland and replant the area with native wetland plants to improve wildlife habitat value. She explains that a small grove of Norway Maple saplings will be removed and a lawn area will be maintained in replacement. Maxner states she visited the site and she provides photos for members to review. Lang asks if there are questions from the Commission. Dr. Johnson asks Maxner if this satisfies the waiver requirements for the 25-foot No-Disturb Zone performance standard. Maxner responds the applicant must show that there are no practicable alternatives to the proposal and there will be no adverse impacts on any of the interest of the Ordinance and the project will improve the natural capacity of the resource area to protect the interests. Rimmer states that the alternative would be to do nothing, which would not serve to protect the interests of the Ordinance. Maxner states that it is very unlikely that the natural or consequential effects of the project will have adverse impacts on the resource area, if anything it will improve present conditions. She adds that the project will indeed improve the resource area’s ability to provide valuable wildlife habitat as well as erosion control and pollution prevention capabilities. Commission members concurred with this evaluation. Roselyn Stone, abutter expresses concern about a large area on Hart Street that pools with water and asks if this will exacerbate the problem. Rimmer responds that drainage will not be changed and no impervious surface will be added to the site. A member of the public asks about spotted salamanders in the area. Rimmer responds that she refers to the Natural Heritage Atlas, which does not indicate Vernal Pool habitat in this area, and that she has not seen anything and does not think the project will adverse impact anything in the area. Lang states if the area in question is a Vernal Pool, it can be certified after the fact. He states the applicant is trying to enhance the area for habitat. The Commission could make it a condition of approval that the applicant to determine if it is a vernal pool in the spring. Lang asks if there are further questions from members of the public. There are none. Duff moves to close the hearing, seconded by Johnson. All members are in favor. Motion carries 7-0. Conservation Commission Meeting Minutes October 21, 2003 Page 8 New: 3 Iverson Road – construct addition to house – Peter and Barbara Trowt (Lang recuses himself from this portion of the meeting and leaves the room.) Maxner reads the legal notice. The applicant, Peter Trowt, provides an overview of the project and explains that he is proposing to construct an addition to an existing single-family home and remove an existing garage in Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. The 680 square foot addition will have a full basement and an existing garage and supporting concrete slab will be removed and not replaced. The new addition will be approximately 50 feet from the river at its closest point. Maxner states she visited the site and provides photos of the backyard for members to review. Squibb asks if the contractor will be stockpiling any soil or material in the yard. Trowt responds that there will be no stockpiling of materials and they will be immediately removed from the site. Paluzzi asks if there are questions from members of the public. There are none. Squibb moves to close the hearing, seconded by Hayes. All members are in favor. Motion carries 6-0. (Lang returns to the meeting room.) New: 13 Landers Drive, Kenneth DeMarco Maxner reads the legal notice. The applicant, Kenneth DeMarco, presents an overview of the project and explains he is proposing to construct a 22-foot by 40-foot barn in the Buffer Zone to a small strip of Bordering Vegetated Wetland and bank of a pond. The barn is approximately 50 feet from the bank at its closest point. Duff states that it is her understanding that excavation had already begun without a permit from the Conservation Commission, and that this concerns her. DeMarco states that he was provided a building permit from the Building Department and he thought that he was all set until the Building Inspector came to his house stating that he was unaware there was a pond on his property. The Building Inspector contacted Maxner and she conducted a site visit and directed him to stop work and file with the Commission. Squibb asks about the 5-foot wide right of way shown on the plan. DeMarco is aware of the right of way, but does not believe his project interferes with this. Lang asks if there are any questions from the public. Kathy Gilligan, 15 Landers Drive, expresses Conservation Commission Meeting Minutes October 21, 2003 Page 9 her concern about the health of the pond and what activities will be conducted in this barn, as she is concerned if cars and boats that leak oil will be stored in it. Lang asks if there are any zoning issues. DeMarco states that he is unaware of any issues to that effect. William Shea, 15 Lander Drive, is concerned about the eventual usage of the barn and what would the impacts be to the pond in the future. Lang states that a drain or sump pump may be a requirement for the approval of this project in order that any gasoline or oil be intercepted and removed before it reaches soil. DeMarco stated he was thinking of pitching the concrete slab foundation towards the middle and have a catch basin in the middle. Duff states that she would like to view the site before the Commission makes any decisions. Paluzzi moves to continue the hearing to the November 18, 2003 meeting pending a site visit scheduled for Saturday, November 15, 2003 at 9:00 a.m. Seconded by Squibb. All in favor. Motion carries 7-0. Lot B, Off Haskell Street (AMG Lot), Frank Romano Peter Ogren of Hayes Engineering provides an overview of the project and explains the applicant is proposing to construct a single family home and associated appurtenances in the Buffer Zone to Bordering and Isolated Vegetated Wetlands. Lang states that there is suspicion that the IVW may be a Vernal Pool and this would need to be looked at more closely. Duff agreed and suggests that a site visit is appropriate. Lang asks if there are any questions from the public. A resident of 40 Haskell Street states that the drainage in the area is a major problem and the area of the proposed driveway experiences significant flooding after rain events, and this does not seem to be adequately addressed. Ann Marie Nehme, 10 Webster Street, states that she represents her fellow neighborhood residents and proceeded to explain their collective observations over the years of this area. She provided photo documentation of various species of wildlife, including blue and yellow spotted salamanders, wood frogs and snakes found in their back yards and in the wetlands of this site. She pointed out that there are four certified Vernal Pools in the immediate vicinity of this site, most of which are located on the larger AMG property. She contends that there is a whole system of Vernal Pools and Vernal Pool habitat in this area, and very loud spring peeper chorusing can be heard in the immediate area of their homes and on the subject site. She provides a written summary of her presentation with maps and photographs for each Commission member to review. Lang asks if there are any more questions from the public or the Commission. There are none. Conservation Commission Meeting Minutes October 21, 2003 Page 10 Dr. Johnson moves to continue the hearing to the November 18, 2003 meeting pending a site visit scheduled for Saturday, November 15, 2003 at 90:30 a.m. Seconded by Squibb. All members are in favor. Motion carries 7-0. The applicant agreed to the continuance. The Commission requested that the roadway and the house be staked out. Ogren agreed to have these areas staked. Orders of Conditions New: 261 Hart Street Paluzzi moves to issue the following conditions: 1. Standard Conditions. 2. The applicant shall conduct a vernal pool analysis in the spring. Seconded by Goodenough. All members are in favor. Motion carries 7-0. New: 3 Iverson Road – construct addition to house – Peter and Barbara Trowt (Lang recuses himself from this discussion.) Paluzzi moves to issue the following conditions: 1. Standard Conditions. Seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Old/New Business New: Request for Modification to DEP File #5-808 – 143 West Street – Dan Carnevale Richard Albano appears on behalf of Dan Carnevale, and explains the applicant is proposing to increase the size, and shift the location of the proposed house. He states that the Carnevale’s obtained a small portion of land from an abutter along with a view easement, which will experience landscaping activities similar to the rest of the site. Utility connections and anticipated sewer connections have been added to the plan. Albano states the applicant is requesting a minor modification. He provides an overview of the project and the mitigation plan. Dr. Johnson states there seems to be cutting of trees in the 25-foot no cut zone to the seawall. Conservation Commission Meeting Minutes October 21, 2003 Page 11 Paluzzi asks about the marked trees on the property. Mr. Carnevale responds there is nothing different than what the Commission has already seen on the site. Albano explains that the trees that will be removed from this newly acquired land were already tagged for removal at the time of the site visit conducted by the Commission. He states that the Commission has already approved this portion of the project. Goodenough moves to issue a Minor Modification contingent upon the applicant providing the Conservation Commission with a detailed landscape planting plan. Seconded by Paluzzi. Lang opposed. Motion carries 6-1. Cont: Tall Tree Drive, DEP File #5-760, Tom Carnevale Attorney Thomas Alexander presents for the applicant and states he has submitted a letter to the Zoning Board of Appeals regarding the Tall Tree lot that is under appeal. The applicant has made the house smaller and is asking for a variance for which he is seeking the Commission’s support. Attorney Alexander states the applicant originally started with the house on the right side of the stream, which was denied by the Commission. The applicant appealed to DEP for a Superseding Order of Condintions and DEP requested that the applicant request a variance to try to pull it out of the wetlands somewhat. The applicant complied and was looking for a 1-foot side yard setback and a 5-foot front yard setback, which was turned down by the ZBA. Through further negotiations, the applicant moved the house to the other side of the stream. Subsequently, the applicant discovered that there was a 25-foot wide sewer easement running through that side of the lot, which contained an 8-inch pipe 2 ½ feet below ground. Therefore the applicant is forced to place the house back on the original side of the steam. The applicant is now proposing 15-foot front yard setbacks. On the side, the prior variance would have had a 1-foot setback. The applicant is now proposing a 5-foot setback. The applicant will not have to fill any wetlands and wetland replication will not be necessary as the original plan was for 1,200 square feet of wetland disturbance. Alexander states the applicant goes before the ZBA in one week and asks that the Conservation Commission support the newest proposal. Goodenough moves for Amy Maxner to draft a letter to the ZBA in support of Tom Carnevale’s revised proposal as described by Attorney Thomas Alexander for Tall Tree Drive, seconded by Duff. Paluzzi is opposed. Motion carries 6-1. Cont: Elm Top Lane – DEP File #5-791 – Elm Top Realty Trust Attorney Thomas Alexander represents Elm Top Realty Trust, he explains the situation with regard to the neighbors appeal of the project. He states that the Planning Board approved a special permit tonight and there has been an agreement with the neighbors regarding the location Conservation Commission Meeting Minutes October 21, 2003 Page 12 of the two proposed houses. The parties have agreed to dismiss all appeals in the Superior Court and the DEP. He requests that the Commission lift the Enforcement Order. Maxner states she spoke with Rachel Freed at the DEP who is the analyst for the appeal and she explained the situation. Freed encouraged the Commission to move forward on the replanting of the coastal bank. She also has been in discussion with Mike Abel from DEP regarding how to handle Enforcement Order issues. He stated that it would be perfectly acceptable for the Commission to issue a new Enforcement Order ordering the violator to do the planting restoration. Maxner states that the Commission could write a letter stating that the Commission has agreed to lift the existing Enforcement Order provided that the Hubbards do the planting as agreed. Duff states the issue of fines must be discussed further. Lang recommends that the Commission discuss the issue of fines with the City Solicitor. Maxner states she wrote a letter to the Hubbards regarding the potential for fines. She states she has spoken with the City Solicitor and it is his opinion that each tree and shrub that was cut constitutes a violation and it is within the Commission’s right to assess a fine of $100 for each tree and shrub cut per day from the period beginning September 30, 2002 and ending on February 22, 2003. Lang recommends that a small workgroup get together, review the letter, determine how many trees were cut and come back to the group with a recommendation for a fine. The Commission can vote on it at the next meeting. Goodenough moves to lift the Cease and Desist Order for Elm Top Lane. Seconded by Duff. Paluzzi opposed. Motion carries 6-1. Maxner states the applicant can only do planting. No construction is allowed in the buffer zone. Cont: Enforcement Order – 431 Hale Street – Landmark School Michael DeRosa represents the violator, Landmark School, and provides an overview of the restoration plan. He explains that the trees are ordered and will be delivered and planted this Friday. The proposal is to replace the ten trees, which were removed: six (6) American Beech (2 to 2 ½ inch caliper), two (2) Sugar Maple (5 to 5 ½ inch caliper), three (3) American Elm (3 to 3 ½ inch caliper). He explains that he incorporated various native grasses to be planted to enhance wildlife habitat and aesthetic value of this area. These grasses will grow to varying heights and provide a diverse habitat niche for various birds. DeRosa recommends leaving the Enforcement Order in place until the work is done. Maxner states that considering the Commission’s vote regarding Elm Top Lane, this vote should be consistent. Therefore she believes that since the replanting is scheduled to happen within days, Conservation Commission Meeting Minutes October 21, 2003 Page 13 the Enforcement Order should be lifted. Paluzzi moves to lift the existing Enforcement Order. Seconded by Johnson. All members are in favor. Motion carries 7-0. Paluzzi moves to approve the replication plan for 431 Hale Street, Landmark School, seconded by Squibb. All members are in favor. Motion carries 7-0. Cont: 9 Ober Street – Charles Harris Maxner explains that there was discussion at last month’s meeting regarding the branch trimming and “vista pruning” at 9 Ober Street. Members granted permission to Mr. Harris to selectively trim some of the overhanging branches that are near his pool area. The issue of the “vista pruning”, which took place on the Coastal Bank, was not resolved at the last meeting and members continued it to this meeting. Maxner sent a letter to Mr. Harris and informed him of the concerns the Commission has regarding the activity and encouraged him to attend the meeting to further discuss this issue with members. Mr. Harris states he fertilizes the bank in the spring and the fall and then he cuts it. He cuts the brush on top of the bank to preserve the bank. He would like permission to continue to do this. Hayes states he does not have a problem with vista cutting but only if the Commission approves it, and states that what Mr. Harris did placed the Commission in a very difficult position. If Mr. Harris came before the Commission and asked to do the vista cutting, the Commission may have approved the request. Harris states he bought the house in 1978 and the cutting has been going on long before he bought the house. He states he has been maintaining what he has been doing since 1978. He does not intend cut down 300-year old trees. Hayes states the Commission is not arguing that there should not be vista cutting, the Commission is arguing that he should have come before the Commission, particularly with the situation that is going on next door. Harris states he did not realize that is what he has been doing since 1978. He would like to continue to cut it back 3 feet every year. Goodenough states there needs to be some type of guideline or policy developed by the Commission regarding this issue. Lang states he does not expect Mr. Harris to have to come before the Commission unless he is going to drastically change the landscaping. Conservation Commission Meeting Minutes October 21, 2003 Page 14 Cont: 495 Cabot Street – Stevan Goldin Squibb recuses himself from this discussion and leaves the room. Maxner recommends continuing this topic. She states the Commission has received a letter from the petitioners and she has a call in to Deneen Simpson, docket clerk for DEP asking her for some guidance on this issue. She has not heard back from her yet. Attorney Alexander states the allegation is that hay bales have been placed on the property. He states he does not think it is a violation of the Wetlands Protection Act. If anything, it is a good thing because it would keep any silt that is on the property from going towards the wetland. Maxner states in her personal opinion, the placement of hay bales are not a significant issue but if there is some sort of responsibility that the Commission has, then the Commission should act accordingly. She states that she is unclear with regard to the “Stay” that has been issued. She thinks that if DEP issued a Stay, then they may be the entity that needs to enforce it. Paluzzi moves to table this topic until more specific information is provided by DEP. Seconded by Goodenough. All members are in favor. Motion carries 7-0. Cont: 3 Birch Woods Drive – Jeppesen Maxner explains that the Jeppesen’s have asked the Commission about extending their lawn next to a detention basin, as well as placing a fence along the west boundary of the basin. The lot is within the Buffer Zone to BVW associated with a brook across the street. Members request Maxner to send the Jeppesen’s a letter with an application for a Request for Determination of Applicability (RDA) and inform them that the extension of the yard is something that the Commission will not approve. The Commission also requests that Maxner to advise the Jeppesen’s to have the contractor remove the hay bales. Cont: 107 Grover Street – in ground pool discussion – Kellie O’Donnell Maxner explains that Ms. O’Donnell came before the Commission with an RDA for the construction of a garage addition and in-ground pool. The Commission voted to approve the garage addition, but the pool ended up being located within the 25-Foot No-Disturb Zone and therefore a Notice of Intent would be required for its construction. The Commission conducted a site visit on October 18, 2003. Duff states it is almost a hazard to put a pool in and there is the danger of setting a precedent for the 25-Foot No-Disturbance Zone. Conservation Commission Meeting Minutes October 21, 2003 Page 15 Lang states there is a reason for the 25-Foot No-Disturbance Zone to protect the resource area. He recommends that O’Donnell speak with an engineer to determine if she could pursue this further. Maxner offers to provide O’Donnell with a list of names of engineering firms. New: Watershed Overlay District Ordinance amendments discussion Maxner asks that the members review the draft of the Watershed Overlay District Ordinance and provide comments at the next meeting. Duff requests a copy of the zoning map so that she could better visualize the Overlay District. Maxner states she will mail all members a copy of the map. Vitale Site Discussion Goodenough states that the City Council should have given the Conservation Commission an opportunity to review the agreement developed by Mass Electric. She thinks the only goal of the Commission is to let the City Council know they should have asked the Commission’s opinion. She thinks the Commission has some vested interest in the land. Lang suggests that this discussion be tabled, as the agreement may no longer be in the Commission’s purview. YMCA Maxner states she met with William Jennings, who is working for the YMCA with the construction of the new teen center. Jennings informed Maxner that at the mouth of the entrance, there is a line of site issue and the YMCA would like to remove vegetation to improve the situation, it is a safety issue. Maxner states her initial thought was that they would need to file a Notice of Intent but wanted to get the Commission’s opinion. Members agreed that a NOI would be appropriate. 17 Cole Street, DEP File # 5-809 Maxner states construction is starting for the house. The contractor pointed out that within the 25-foot no disturb zone, now that some of the vegetation has died back, there is construction debris, railroad ties, concrete, asphalt, cinder blocks etc. He asked if he could pull it out, loam and seed it. She asks the Commission’s opinion. Goodenough recommends that the contractor clean it out and replant with native plants. Paluzzi states he recalls when the Commission approved the project, the applicant was asked to clean it up. Maxner asks if there should be a Modification to the Order. Lang states Maxner can advise the contractor that the Commission is amenable to him moving the Conservation Commission Meeting Minutes October 21, 2003 Page 16 debris but the Commission would like to see a Modification Plan. 309 Dodge Street – George Osgood Maxner states she received a telephone call from George Osgood who requested that she visit his property to determine if a particular location on his property is wetlands. There is an area of Isolated Wetlands. There is a big driveway belonging to Mr. Sabatini of 299 Dodge Street, which abuts Osgood’s property. There is a pipe that drains Sabatini’s driveway, which discharges into the wetlands, and there is construction debris on the side. Lang recommends that the Commission send a letter requesting Mr. Sabatini to attend the next meeting to explain the situation. He states that a Notice of Intent may need to be filed before any further work commences on the property. 53 Lothrop Street Maxner states Paluzzi called her and asked her to look at a property, which is the house right on the edge of Independence Park, 53 Lothrop Street. Maxner visited the property earlier today and spoke with the owner, Robert Hubbard. There was excavation behind the house to build a deck with a foundation. There is a large mound of dirt on the coastal bank and the property owner contends that he is not in the buffer zone to the coastal bank. There was no filing or permits with the Commission for this property. Lang recommends that the Commission issue a Cease and Desist Order stopping all work, and request that the materials be removed out of the Buffer Zone and off the Coastal Bank and for Mr. Hubbard to appear before the Commission at the next meeting. Duff moves to issue an Enforcement Order with the above-mentioned directives. Seconded by Paluzzi. All members in favor. Motions carries 7-0. Adjournment Paluzzi moves to adjourn, seconded by Johnson. All members in favor. Motion carries 7-0. The meeting is adjourned 11:15.