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2003-05-13 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: May 13, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough, Ian Hayes,William Squibb BOARD MEMBERS ABSENT: Eileen Duff OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 32 Newbury Street Ext. – installation of above ground pool – Grasso Maxner reads the legal notice. The applicant, Luis Grasso states that he is proposing to install an above ground pool in Buffer Zone to a wetland, which borders an intermittent stream. He explains that the pool is 21 feet in diameter and 4 ½ feet in height. Maxner explains that the house is less than 20 feet from the wetland, and the yard area is limited and the pool will be 20 feet or less from the wetland as well. Lang asks what will be done with the sod. Grasso responds that it will be removed from the site and that some sand will be brought in to level off the area for the pool. Lang asks if there are any questions from members of the public. There are none. Paluzzi moves to close the hearing and issue a Negative #3 Determination, seconded by Goodenough. All members are in favor. Motion carries 6-0. Paluzzi moves to recess for public hearings, seconded by Johnson. All members are in favor. Motion carries 6-0. Conservation Commission Meeting Minutes May 13, 2003 Page 2 Notice of Intent New: 15 Orchard Street – construct bituminous concrete sidewalk – City of Beverly Maxner reads the legal notice. Engineering Director, Frank Killilea, explains that the Engineering Department is proposing to construct a bituminous concrete sidewalk in Riverfront Area of the Lawrence Street Brook and Buffer Zone to BVW. He explains this is an extension of the existing sidewalk to include both #15 and #9 Orchard Street, and that there is approximately 644 square feet of work proposed, and it is 10 feet from the Mean Annual High Water Line at its closest point. Paluzzi asks a clarifying question regarding curbing. Killilea responds that the curbing will be Cape Cod berm on both sides of the street. Maxner asks if sidewalks have to be a certain width. Killilea responds that they have to be a minimum of 4 feet wide and there must be a 36-inch clearance around a tree. Lang asks if there are any questions from members of the public. Robert Sahakian, 15 Orchard Street, states he has concern that the soil will not be stabilized. Lang responds that it will have to be stabilized and there will have to be grass growing. Sahakian states that he does not think the sidewalk is necessary because it will cause more erosion and soil instability. Ray Allen, 17 Orchard Street, asks about loaming and seeding the area. Lang responds that he recommends loam from the berm to the edge of the grass, and that anywhere where there is green grass, they will loam up to that spot, reseed any bare spots in between and put topsoil on top of the unseeded portions to make it safer. Lang also states that existing vegetation should be left in its natural state. Maria Sahakain, 15 Orchard Street, states that there is quite a slope between the road and the brook and she is worried about erosion. Paluzzi moves to close the hearing, seconded by Squibb. All members are in favor. Motion carries 6-0. Cont: 8 Beaver Pond Road – construction of single-family home, driveway, and soil absorption system – Frattaroli and Barnard th Lang states there was a site inspection on May 10 and the members got a good view of the site. Paluzzi asks if there will be any blasting in the area. Frattaroli responds that he is not sure yet if blasting will be necessary. Conservation Commission Meeting Minutes May 13, 2003 Page 3 Pam Kampersal expresses concern about runoff affecting Norwood Pond. Lang responds that there will be no change in drainage from this project, and states that hay bales can be installed across the street as well to aid in additional erosion control. Johnson moves to close the hearing, seconded by Paluzzi. All members are in favor. Motion carries 6-0. Cont: 1025 Hale Street – conversion of rectangular shaped in-ground pool to a kidney shaped pool and landscaping – Kalmia Design th John Dick, Hancock Associates, states that a site inspection took place on Saturday, May 10 and members observed the proposed area of access from Hale Street at the easterly corner of the property as there was discussion of removing a couple of large oak trees to gain access and associated soil disruption. John Dick explains that the soil around the intercepting pipe was augured and no hydric soils were detected and he thinks that that area will support a drywell for overflow. Maxner states the Commission has received more communication from Hancock Associates outlining the proposed work and creation of the access area from Hale Street and hands copies to members. Lang asks if there are any questions from members of the public. There are none. Paluzzi moves to close the hearing, seconded by Johnson. All members are in favor. Motion carries 6-0. New: 19 Riverview Street, Ann Sonnichsen Maxner reads the legal notice. William McGrath, contractor for applicant, states that they are proposing to connect to the city sewer system in the Riverfront Area to the Bass River. McGrath states that he is unsure if a cesspool or septic tank exists. He explains there will be approximately 1,920 square feet of disturbance involving a 2-3 foot wide, 100-105 foot long trench running from the side of the house up to the street, and the work is approximately 20 feet from the Mean Annual High Water Line at its closest point as depicted on the plan. Paluzzi asks what type of machinery will be used. McGrath states that he will use an excavator at the street, but most of the trench will be hand dug due to the steep topography of the site. Lang asks if there are any questions from members of the public. There are none. Conservation Commission Meeting Minutes May 13, 2003 Page 4 Paluzzi moves to close the hearing, seconded by Hayes. All members are in favor. Motion carries 6-0. New: 8 MacArthur Road, Doug Bartlett Maxner reads the legal notice. The applicant explains he is proposing to backfill the side yard to the right of the house in order to raise the grade, in Riverfront Area of the Bass River and Buffer Zone of BVW. He explains that he is proposing to bring in approximately 4,155 square feet of fill material. Maxner explains that this stretch of the river is in a Zone B (between the 100 and 500 year flood plain) on the FEMA flood map, and this section of the river is culverted underneath Route 128. Squibb asks how close the fill will come to the edge of the river. Bartlett states about 11 feet to the Mean Annual High Water Line, which is the first obvious break in slope. Maxner states that members may want to consider requiring a retaining wall for this area. Lang asks if there are any questions from the public. There are none. Johnson moves to close the hearing, seconded by Palulzzi. All members in favor. Motion carries 6-0. New: 245 Dodge Street, Henry Bertolon Bob Griffin, representative for the applicant, explains the project. Griffin states the plan to construct an addition to an existing single family home and reconstruct an existing pool with associated landscaping and site work in the Buffer Zone to BVW bordering on Norwood Pond. He explains the work, a portion of the proposed grading, is 53 feet from the edge of wetland at its closest point, and there is approximately 5,200 square feet of work being proposed within the Buffer Zone. Maxner asks a clarifying question regarding plantings. Griffin responds that there is no formal landscaping plan at this time. Lang asks if there are questions from members of the public. Pam Kampersal expresses concern about the amount of work being proposed within the Buffer Zone and she asks that the Commission consider having a site visit. A site visit is scheduled to take place on May 31 at 8:30 a.m. Paluzzi moves to continue the hearing to the next scheduled meeting pending a site visit on May Conservation Commission Meeting Minutes May 13, 2003 Page 5 31, 2003 at 8:30 a.m., seconded by Goodenough. All members are in favor. Motion carries 6-0. Orders of Conditions New: 15 Orchard Street – construct bituminous concrete sidewalk – City of Beverly Paluzzi moves to issue the following conditions: 1. Standard Conditions. Seconded by Johnson. Hayes, Goodenough, Lang, Squibb and Paluzzi opposed. Motion fails 1-5, project is denied. Lang states that the reason for the denial is the construction of the sidewalk cannot be conditioned to prevent pollution, erosion and sedimentation as well as properly address storm water runoff management. Cont: 8 Beaver Pond Road – construction of single-family home, driveway, and soil absorption system – Frattaroli and Barnard Paluzzi moves to issue the following conditions: 1. Standard Conditions. 2. Drainage swale shall be constructed along the length of the driveway. Seconded by Hayes. Goodenough abstains. Motion carries 5-0-1. Cont: 1025 Hale Street – conversion of rectangular shaped in-ground pool to a kidney shaped pool and landscaping – Kalmia Design Paluzzi moves to issue the following conditions: 1. Standard Conditions. 2. A 4-foot deep gravel dry well shall be constructed as depicted on plan for overflow discharge. 3. Existing surface discharge pipe shall be abandoned and plugged with cement. 4. The Conservation Commission or its agent shall be notified when pipe will be filled so that it may be inspected. 5. Hay bales shall be installed along the access road and entire work area. Seconded by Hayes. Goodenough abstains. Motion carries 5-0-1. Conservation Commission Meeting Minutes May 13, 2003 Page 6 New: 19 Riverview Street, Ann Sonnichsen Paluzzi moves to issue the following conditions: 1. Standard Conditions. 2. The applicant shall provide information on what type of existing system, if any, is discovered. Seconded by Johnson. All members are in favor. Motion carries 6-0. New: 8 MacArthur Road, Doug Bartlett Paluzzi moves to issue the following conditions: 1. Standard Conditions. 2. The edge of work shall be 11 feet from the Mean Annual High Water Line and three feet from the fence. 3. A retaining wall shall be constructed at the end of filled area. Seconded by Johnson. All members are in favor. Motion carries 6-0. Old/New Business New: Request for Extension and Modification to DEP File #5-705 – 114 Hart Street – Lawler Maxner states Jeff Lawler’s Order of Conditions expires in June 2003. She explains the project is not finished and he needs additional time to complete the project. She states that Mr. Lawler is also asking for a modification to the plan, which involves moving the deck along side the addition. Lang asks if members of the public have any comments. Mary Brady, a resident of Wenham, states that she is speaking on behalf of her mother-in-law who’s house is located behind this project. She expresses concern that Mr. Lawler has crossed a right-of-way. Lawler responds that this is correct and he should have informed the Commission. Brady states that a considerable amount of material was left and the right-of-way has been greatly altered. Lang asks how much material was put in the buffer zone. Lawler responds that it was removed. Brady states that Lawler is encroaching on the right-of-way considerably and creating a problem. Lawler responds that Brady’s comments are true and what he did was square off a bank and put in a retaining wall. Conservation Commission Meeting Minutes May 13, 2003 Page 7 Lang states that it may be advisable for the Commission to observe the site before a full extension and modification is granted. He explains that if the change to the right-of-way is significant, an amendment to the Order may be appropriate and that would require a public hearing. Paluzzi moves to extend the Order of Conditions for 114 Hart Street, File #5-705 for 30 days, seconded by Goodenough. All members are in favor. Motion carries 6-0. A site visit is scheduled to take place on Saturday, May 31 at 9:30 a.m. and the Commission will discuss the full one-year extension and modification further at its next meeting on June 3, 2003. 5 Elm Top Lane – Replanting Plan Joe Orzel appears on behalf of the applicant. He provides an overview of the trees, which were cut down. Dr. Johnson states that he believes the vegetation is probably important to the strength of the coastal bank. He does not think any more cutting should be done and replacing trees should be “live tree for live tree” as big a diameter that doesn’t take too much of a hole in the bank. Paluzzi asks what types of trees were cut. Orzel identifies where the stumps are and explains that there were black cherry, some oak and some maple but that it is difficult to know for sure just from the stumps. Lang asks members how to proceed with this. He asks if the Conservation Commission should go out and look at the trees that are there and decide item by item? He thinks the Commission should get the largest diameter trees but he realizes that they will not be able to get the trees the Commission would like too far down the slope. Hurlburt states most trees planted for subdivision and site plans are generally 3 ½ inch diameter. Lang asks if there are questions from members of the public. Walter Reilly, 15 Ober Street, states the more important issue is the fact that there were many trees cut back in September and October and he provided the Commission with information about the trees that were there, and the discussion is not about two or three trees and some dead stumps. He states this is a major condition that took place on the bank and in the buffer zone and the neighbors are left with a situation that is continuing and meanwhile the applicant now has rights under an Order of Conditions to begin more work and demolition and we are still talking about removing more stumps and more trees. He states that there is a total disregard to the Commission’s and the State’s Rules and Regulations. He asks whether or not the Commission can amend its previous Order of Conditions. He states that if the applicant is going to continue this effort, maybe the Commission should wait and look at the big picture since they are now talking about replacing some trees in the buffer zone, which was not mentioned in the Notice of Conservation Commission Meeting Minutes May 13, 2003 Page 8 Intent. Lang states the reason why there is discussion about the stumps is because the Commission doesn’t want to start digging up the whole coastal bank. He states if a stump is removed, then a tree could be put back in that same hole. He is not sure that there is a plan that everybody agrees on. He suggests that the Commission has to decide what diameter it wants and go back out there and determine how to proceed. The members agree to visit the site on Saturday May 31, 2003 at 10:00 a.m. and will discuss this at the next Conservation Commission meeting. 14 Salters Avenue Maxner reads a letter dated May 13, 2003 from Mr. and Mrs. Glazier, 14 Salters Avenue regarding erosion problems on the bank of the Bass River on their property. Maxner explained they would like to stop the erosion by having rip-rap placed to hold up land edges, giving an entrance to the water’s edge. Mr. Glazier states that they would eventually like to have a ramp and a float. He requests the Commission’s suggestions and direction on this matter. The Commission agrees to visit the site on Saturday, May 31 at 11:00 a.m. Discussion with David Gardner, Chairman of the Open Space and Recreation Committee (OSRC) regarding Sally Milligan Management Plan David Gardner states there will be a few items that will be coming to the Conservation Commission from the OSRC. Sally Milligan Park has many uses. The OSRC proposes to: · put two signs in regarding allowed uses; · create a new trail (perhaps with a boardwalk); · maintain the open field; · BMX mountain bikers should only be allowed on certain trails. Gardner states that the OSRC has created an Action Plan, which includes a map. He promised to provide a copy for the Conservation Commission prior to the June 25, 2003 Conservation Commission meeting. Gardner states that the OSRC has no money. He states the committee has $1,000, to be used for administration only. The cost for the materials for each of the signs is $200. He explains that Deb Hurlburt spoke with people at a local jail and they would be willing to build the signs. Conservation Commission Meeting Minutes May 13, 2003 Page 9 Gardner would like to find a way to pay for the signs. Proposed Fee Schedule Maxner reads the legal notice. Members discuss the proposed Fee Schedule. Paluzzi moves to approve the Fee Schedule, seconded by Johnson. All members are in favor. Motion carries 6-0. Repair or Purchase of Typewriter Maxner states that Phyllis’ typewriter may need to be fixed. Maxner asks the members if the Commission could appropriate up to $300, in case the typewriter is not fixable and a new one needs to be purchased. Hurlburt states that $100 will clean the typewriter but she can buy a replacement for about $275. Paluzzi moves to appropriate up to $300 to fix or purchase a typewriter, seconded by Goodenough. All members are in favor. Motion carries 6-0. Proposal for the construction of the Salamander Crossing on Cross Lane Maxner states that she has received information regarding the salamander crossing (tunnel designs). She explains that as part of the Mass Audubon proposal, they included a Notice of Intent to the Commission for this work. Elizabeth Greene of Mass. Electric asked if the Commission could keep it under the existing Order, which was already issued. Maxner asks if the Commission wants to keep the Order as it is or amend it to incorporate the plans that will be developed for this crossing. Lang recommends keeping it part of the existing Order, as it was a special condition. He suggests that plans for the crossing be kept on file with the Order. The Commission members agree with Lang. Shaw Environmental Varian Site Update Maxner states that the Shaw Environmental Varian Site update report is available for review in the Planning Department. Correspondence from Amtrack Maxner reads a letter from Amtrack regarding the right-of-way, in case any members were Conservation Commission Meeting Minutes May 13, 2003 Page 10 interested. Watershed Restoration Institute Workshop Maxner states that the Watershed Restoration Institute Workshop is being held in Maryland, on September 25 and 26 in case any members are interested in attending. YMCA – Sterling Center Paluzzi states that the hay bales and silt fence at the YMCA are in total disrepair and he recommends that the Commission send a letter to the YMCA to do some repair work. Maxner agrees to write the YMCA a letter. Moynihan Lumber Lang states that in the back of the parking lot at Moynihan Lumber they have been piling bales, pallets and all kinds of broken debris and the storm water comes and washes everywhere. He suggests that the Commission write a letter directing them to clean it up. Maxner agrees to write a letter. Algonquin Hubline Project Hurlburt states that she is meeting with Gus McLaughlin on Monday. She explains that according to the Order of Conditions, they are not meeting their deadline for exiting the harbor in time for marine animals’ breeding season. She explains that according to Gus McLaughlin, because nothing has been heard from the Commission, they assumed there was no problem with being in the harbor longer than anticipated. Goodenough states that she thinks the bond should be pulled. Lang states he is not sure if the bond is for damages that would have occurred. He is not sure if the Commission monitored their progress to prove damage. He agrees that their delay is going to be a huge inconvenience and the shellfish are going to be impacted more because of the lobstering is very active there. He thinks there should be more mitigation. Hurlburt asks for suggestions. Lang states they put a $15 million pot and the City of Boston got the lion’s share of it. Goodenough states she just met Peter Flaherty, who is the Chief of Staff for Romney and she offers to call him. Hurlburt asks how much of a mitigation and where does it go? Lang responds education or an environmental project. Conservation Commission Meeting Minutes May 13, 2003 Page 11 Goodenough recommends beach restoration or waterfront work for a possible mitigation. Set a Public Hearing for the Regulations Maxner states that the Commission needs to set a public hearing for the Regulations. Peter Gilmore has reviewed them and has given his approval to proceed with the hearing. Hayes states his wife is a lawyer and they worked together on these regulations as part of their business is doing a lot of research. He explained they reviewed as many different Conservation Commission Regulations that they could possibly find, and that it might be useful to determine if there is better language to use and the Commission can decide how far it wants to go with a certain topic. Lang states that this can be further discussed at the hearing as members will have time to think about any changes they may want to suggest. A public hearing has been set for June 17, 2003 at 7:00 p.m. Adjournment Paluzzi moves to adjourn, seconded by Johnson. All members in favor. Motion carries 6-0. The meeting is adjourned at 10:00 p.m.