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2003-07-15 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: July 15, 2003 BOARD MEMBERS PRESENT: Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, William Squibb BOARD MEMBERS ABSENT: David Lang, Ian Hayes, Eileen Duff OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Paluzzi calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 254 Essex Street – Review of wetland boundary delineation – Beverly Regional YMCA Maxner reads the legal notice. Mike DeRosa, DeRosa Environmental, presents for the applicant. He explains the RDA is for the review of existing wetland boundary delineation for BVW associated with a pond and an intermittent stream that was approved through an Abbreviated Notice of Resource Area Delineation in the fall of 2000, which expires at the end of October 2003. He states this RDA also establishes the delineation for two new Isolated Vegetated Wetlands, located at the southeast corner of the property, which are now protected under the Ordinance. DeRosa states the applicant wishes to extend the delineation for another three years. He states that the two pools held water in April but there were no breeding amphibians observed there. He stated that a wading survey was conducted on June 11, 2003, and a single green frog was found in pool B. On June 27, 2003 pool B was completely dry and pool A was still holding water. He states he is not positive whether or not either pool is a functioning vernal pool. He states the Ordinance provides for the Commission to conduct a site inspection for purposes of identifying vernal pool function. Paluzzi states that the Commission will reserve its right to conduct a site visit in the spring to determine the nature of the pools. Maxner states she visited the site last week and she is comfortable with the delineation. Conservation Commission Meeting Minutes July 15, 2003 Page 2 Paluzzi asks if there are any questions from members of the public. There are none. Dr. Johnson moves to issue the following Determination: 1) Positive Determination 2A; 2) Positive Determination 5; 3) Positive Determination 6. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Dr. Johnson moves to recess for a public hearing, seconded by Squibb. All members are in favor. Motion carries 4-0. Abbreviated Notice of Resource Area Delineation Cont: off Lee Street and Folger Avenue – Resource Area Delineation – John and Angelina Tanzella Rich Albano from Hancock Associates appears on behalf of the applicants. He provides an overview of the Resource Area Delineation. Maxner states there was a site visit on July 7, 2003, which was attended by some of the Conservation Commission members and Rebecca Haney from CZM. She explains that the flags were pulled out, which made it difficult to determine exactly where the delineation was. Maxner states that she spoke with CZM today and they have not completed their review of the plan. Squibb states that Ms. Haney’s concerns focused on the following: § The transect lines are not completely perpendicular to the contour lines on the plan, § There may be two types of marsh present on the site, but are not called out on the plan, § The flags for Coastal Bank delineation are not labeled on the plan. Albano states the Buffer Zone of the Coastal Bank is more landward than the marsh and there is no work proposed in the marsh. Goodenough moves to continue the hearing to the next Conservation Commission meeting scheduled for September 9, 2003, seconded by Squibb. All members are in favor. Motion carries 4-0. Notice of Intent New: 13 Cherry Road – construction of addition to single family home, two sheds, retaining wall, wetland restoration plan, etc. – Aimee Parisella & Richard Bernard Conservation Commission Meeting Minutes July 15, 2003 Page 3 Maxner reads the legal notice. Michael DeRosa, DeRosa Environmental, provides an overview of the project. He states the applicant is proposing to construct an addition, patio, stone retaining wall, 2 storage sheds, driveway expansion, wetland restoration planting and site grading in Buffer Zone to BVW and Riverfront Area. He explains the entire parcel is located within the Riverfront Area, and there is approximately 1,603 square feet of alteration proposed. He states stormwater runoff from the driveway expansion has been addressed through a 3’ x 3’ geotextile lined gravel drip trench to be constructed along the driveway. He explains the proposed 11’ x 9’ addition will be sited within the new patio, which consists of patio block pavers, and that some grading will be necessary. He states grading of the side yard will involve the placement of stone and gravel to allow for infiltration. He states the wetland restoration plan is proposed to mitigate for the area of BVW that is currently mowed as lawn and for the intrusion of the patio and retaining wall into the newly established 25-Foot No-Disturbance Zone, and it includes a mixture of shrubs, herbaceous and wetland seed mix. He provides a brief overview of the plants to be used in the restoration area. Paluzzi asks if any trees will be removed. DeRosa responds that two diseased trees will be removed, one located in the restoration area and one at the northeast corner of the lot. Squibb asks a clarifying question about the retaining wall. DeRosa explains that there will be a change in grade from elevation 59 to 61, and the top of the retaining wall shall be at elevation 61.5. Paluzzi asks what will be stored in the shed located closest to the stream. DeRosa states that mostly toys for the children. Paluzzi asks if the shed could be moved up closer to the driveway. The applicant states that he has no problem with this. Maxner asks if the Commission has thought about asking for the restoration area to be permanently demarcated to prohibit disturbance in the future. DeRosa states if restoration areas are designed as mitigation for work on a lot, they should be monumented as it will be recorded with the deed and alert any future owners. He states that usually the Ipswich Conservation Commission requires granite markers to be used for this purpose, but they can be very expensive. He suggests that capped iron rods be used, as they are cheaper and are just as durable as granite. Maxner asks if any of the existing vegetation along the stream bank will be removed for the restoration area. DeRosa states existing vegetation will be left intact, and the new plantings will be done by hand. Squibb asks how much fill will be brought in. DeRosa states that he has not done calculations on this, but that the applicant will closely watch this, as cost is a limiting factor. He adds that the fill will be clean sand and gravel. Conservation Commission Meeting Minutes July 15, 2003 Page 4 Paluzzi asks if there are any questions from members of the public. A resident from Piper Drive asks if there will be any foundation to the addition as there may be ledge encountered. DeRosa states that the addition will be slab on grade. Johnson moves to close the hearing, seconded by Goodenough. All members are in favor. Motion carries 4-0. New: 143 West Street – construction of single family home, parking construction and pool relocation/reconfiguration – Daniel Carnevale Maxner reads the legal notice. Rich Albano from Hancock Associates provides an overview of the project. He explains the applicant is proposing to construct a single family home utilizing a portion of the existing home’s footprint, as well as constructing a swimming pool with a wrap around deck, driveway reconfiguration and associated landscaping. He states the resource areas identified on the site include Riverfront Area to Chubb Brook, Bordering Land Subject to Flooding (BLSF), Buffer Zone to BVW located off site, and Land Subject to Coastal Storm Flowage. He explains approximately 22,055 square feet of alteration is proposed in the Riverfront Area and approximately 390 cubic feet of BLSF will be filled by the proposed structures, which will be compensated for by providing 640 cubic feet of compensatory flood storage. Paluzzi asks a clarifying question regarding the landscaping plan. Albano responds that most of the plantings are native species to replace the non-native trees growing in the area and improve wildlife habitat. Paluzzi asks about the driveway surface. Albano responds that the Carnevale's would like the driveway to be paved. Maxner asks if there is a work sequence. Albano states the first thing on the agenda is clearing of selected trees. Squibb asks how the roof runoff will be dealt with. Albano states it will be directed to the ground as it is now for infiltration. Johnson asks if there will be a foundation. Albano explains that there will be a foundation to house the furnace, and some of the house will be on slab, but that most of the house will be supported by pilings to allow for drainage and storage in BLSF. Paluzzi asks if members of the public have any questions. Jack Murray, 14 Greenwood Avenue, states that the neighbors are looking forward to the improvements proposed for this lot and it should prove to be a benefit to the neighborhood. Conservation Commission Meeting Minutes July 15, 2003 Page 5 Goodenough moves to close the hearing, seconded by Johnson. All members are in favor. Motion carries 4-0. New: 24 South Terrace – mow nuisance vegetation and removal of rubbish – Christopher Howe and Susan Adams Maxner reads the legal notice. Rich Albano, from Hancock Associates provides an overview of the project. He states the applicant is proposing to perform vegetation management in a Salt Marsh to remove the invasive species Common Reed and Japanese Buckwheat, as well as removal of trash and debris in a Salt Marsh and Riverfront Area. He explains there will be replacement planting of native trees and shrubs to enhance wildlife habitat. He states a stockade fence will be placed along the property edge. Paluzzi suggests the vegetation should be cut at ground level rather than digging the vegetation out. Albano states that aggressive cutting with a D.R. Trimmer will be the approach to management. Paluzzi states that he would be concerned about erosion if large pieces of debris were to be dug out. Alabano states that it may be necessary to remove such items in order to make room for plantings. Paluzzi would like this activity to be closely monitored. There is a lengthy discussion regarding the fence between the applicants and the neighbors in attendance. Maxner states the Commission is not concerned about the design of the fence, but would be concerned about the placement of the fence, and placement can be conditioned in the permit. Johnson moves to close the hearing, seconded by Squibb. All members are in favor. Motion carries 4-0. New: Melvin Avenue – installation of in-ground swimming pool – Edward Doherty Robert Griffin from Griffin Engineering provides an overview of the project. He states the applicant is proposing to install an in-ground swimming pool and perform associated grading in Buffer Zone to BVW of an intermittent stream and Riverfront Area to the Porter River. He explains that a large portion of the lot is within Danvers, and the proposed pool lies in Beverly. He states that a portion of the pool encroaches into a 25 No-Disturb Zone and the applicant is asking for a waiver from this performance standard of the new Regulations. He states the activity will involve approximately 2,300 square feet of disturbance in the Riverfront Area, and is located 50 feet from the Top of Bank and about 12 feet from the edge of BVW at its closest point. Paluzzi asks if there are questions from members of the public. Conservation Commission Meeting Minutes July 15, 2003 Page 6 Mr. Rodgers, 1 Shortell Avenue states the Commission should deny the proposal as a pool is not a necessity to a single family home and it encroaches into a restricted area. The representative for the applicant responds the area is not a significant wildlife habitat and this is a very reasonable proposal. Mrs. Rodgers, 1 Shortell Avenue, states that the proposed retaining wall will exacerbate erosion of the Salt Marsh and BVW. She states that the stream is perennial as it collects runoff from the neighborhood and is constantly wet. She states the applicant is not providing any sort of mitigation for encroachment in to the 25-Foot No-Disturb Zone. Paluzzi asks if the patio for the pool could be made porous. Griffin responds that it could be considered. Squibb is concerned with any potential discharge from the pool reaching the resource areas. Griffin states that there should be no discharge from the pool to any area within 2 weeks of chlorination. Goodenough states that she is not in favor of this project as it encroaches into the No-Disturb Zone, and no mitigation is proposed. Griffin states that lawn mowing already disturbs the No- Disturb Zone. Goodenough responds that the Regulations speak to new disturbance and development, and lawn mowing is not regulated since it is a pre-existing condition. A member of the public expresses concern that the salt marsh will be adversely affected and there will be erosion in the future as a result of the project, and that the pool is too large for the area. Maxner asks Griffin if the pool could be rotated closer to the house. Griffin states that is a possibility. Maxner encourages the Commission to visit the site and have the applicant stake the pool and patio. A site visit is scheduled for Saturday September 6, 2003 at 8:30 a.m. Johnson moves to continue the hearing to the September 9, 2003 meeting pending a site inspection on September 6, 2003. Seconded by Squibb. All members are in favor. Motion carries 4-0. 17 Cole Street – construction of single-family home with driveway – Colonial Remodeling Corp. Maxner reads the legal notice Conservation Commission Meeting Minutes July 15, 2003 Page 7 Richard Kirby of LEC provides an overview of the project. He states the applicant is proposing to construct a single-family home in Buffer Zone to BVW of an intermittent stream. He explains this lot has been before the Commission twice and was approved both times, but the Order of Conditions elapsed the first time and the applicant did not file copies of the plan with the DEP on the second time and a file number was never assigned. Maxner asks about runoff from the driveway and the roof. Kirby responds that it will be directed toward Cole Street. Jean McKenna, 15 Cole Street, states there is always flooding just in front of the property. She asks if there is a plan to put in a catch basin. Kirby responds that it is not the applicant’s responsibility to maintain the storm water associated with Cole Street. Arthur Thompson, 14 Cole Street states he is the person selling the lot. Squibb asks what the elevation of the cellar floor will be. Kirby responds that he is unsure if there will be a basement or slab. Kirby states that the lot is extremely flat and slopes off toward the rear and side. Johnson moves to close the hearing, seconded by Goodenough. All members are in favor. Motion carries 4-0. Orders of Conditions New: 13 Cherry Road – construction of addition to single family home, two sheds, retaining wall, wetland restoration plan, etc. – Aimee Parisella & Richard Bernard Dr. Johnson moves to issue the following conditions: 1. Standard Conditions. 2. Four (4) capped iron rod markers shall be placed along the edge of the no-disturb restoration area, with one rod placed at BVW Flag # A-8 and one at A9. 3. The shed closest to the stream shall be moved up to the edge of the driveway. Seconded by Paluzzi. All members are in favor. Motion carries 4-0. New: 143 West Street – construction of single family home, parking construction and pool relocation/reconfiguration – Daniel Carnevale Dr. Johnson moves to issue the following conditions: 1. Standard Conditions. 2. The landscaping plan shall include native species to the greatest extent possible. Conservation Commission Meeting Minutes July 15, 2003 Page 8 Seconded by Goodenough. All members are in favor. Motion carries 4-0. Paluzzi requests that the applicant consider using material for the driveway surface that would allow for maximum infiltration. Maxner agrees to add this request to the cover letter accompanying the permit. New: 24 South Terrace – mow nuisance vegetation and removal of rubbish – Christopher Howe and Susan Adams Johnson moves to issue the following conditions: 1. Standard Conditions. 2. The proposed fence shall be placed along legal property lot lines. 3. The proposed fence height shall not exceed 6 feet. 4. A plan depicting the final position of the fence shall be provided to the Commission as soon as it is available. 5. If heavy machinery is required to remove debris or rubbish, the Conservation Administrator shall be notified prior to removal for Conservation Commission review and approval. Seconded by Squibb. All members are in favor. Motion carries 4-0. New: 17 Cole Street, Colonial Remodeling Corp. Dr. Johnson moves to issue the following conditions: 1. Standard Conditions. 2. Dry wells shall be constructed to receive roof run off. 3. The 25-Foot No-Disturbance Zone shall be demarcated with four capped iron rods spaced evenly along the edge of this zone. Seconded by Goodenough. All members are in favor. Motion carries 4-0. Old/New Business Cont: 5 Elm Top Lane – replanting plan – Elm Top Realty Trust Michael Wasser from Hines & Wasser Associates provides an overview of the landscaping plan. He states the applicant has developed a landscaping plan designed by Hines & Wasser Landscape Architects. A member of the public expresses concern that this is a restoration plan. Conservation Commission Meeting Minutes July 15, 2003 Page 9 There is discussion regarding non-native plantings. Wasser states the intent of this landscaping plan is to restore the native species. Maxner states the Commission should keep in mind that this project is under appeal and it is unsure where the Coastal Bank delineation will end up through the process. Debra Hurlburt, Planning Director, states the Commission should insist on a restoration plan that protects the interests of the Act and Ordinance even though it is unfortunate that this item has been discussed so many times. Goodenough expresses dissatisfaction with what has been presented and she wants to see a restoration plan that serves the Coastal Bank and improves structural diversity that was lost as well as wildlife habitat. She states that the Commission is not trying to make it difficult for the applicant but that the Commission has not yet seen a satisfactory proposal. Paluzzi suggests continuing this until the next meeting. Dr. Johnson moves to continue this to the September 9, 2003 meeting, seconded by Goodenough. All members are in favor. Motion carries 4-0. New: Tall Tree Drive – DEP File #5-760 - Thomas Carnevale Attorney Thomas Alexander appears on behalf of Thomas Carenevale to address the Commission’s special conditions with regard to the appeal of DEP File #5-760. He suggests that the Commission’s special conditions be incorporated into the final Superceding Order of Conditions and survive the issuing of a Certificate of Compliance. Johnson moves to accept the incorporation of these conditions into the Superceding Order, seconded by Goodeough. All in favor. Motion carries 4-0. Approval of Minutes Paluzzi moves to approve the minutes of March 11, 2003 as written, seconded by Squibb. All members are in favor. Motion carries 4-0. New: Amendments to Wetlands Regulations The members review the proposed Wetland Regulations. Maxner explains the suggested changes, which include minor language changes to some definitions and waivers for roadways and driveways. Johnson moves to accept the changes as proposed, seconded by Goodenough. All in favor. Motion carries 4-0. Conservation Commission Meeting Minutes July 15, 2003 Page 10 Adjournment Dr. Johnson moves to adjourn, seconded by Squibb. All members in favor. Motion carries 4-0. The meeting is adjourned at 10:45 P.M..