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2003-04-22 City of Beverly Public Meeting Minutes BOARD: Conservation Commission TOPIC: DATE: April 22, 2003 BOARD MEMBERS PRESENT: David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Eileen Duff, Bill Squibb BOARD MEMBERS ABSENT: Linda Goodenough TOWN OFFICIALS PRESENT: Amy Maxner – Environmental Planner RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order. Request for Determination of Applicability New: 8 Beaver Pond Road – construction of single-family home, driveway and soil absorption system - Frattarolli Maxner reads the legal notice. The applicant, Carmen Frattarolli, presents the project to the Commission. He explains that he is proposing to construct a single-family home, with driveway and septic system, and that the work is approximately 65 feet from the BVW located across the street at its closest point. Lang asks for a clarification on the “soil absorption system”. Frattarolli responds that this is essentially the leaching field. Paluzzi asks if there will be any blasting that needs to be done. Frattarolli responds that he would not be surprised if blasting is needed. Lang asks if there are comments from members of the public. There are none. Paluzzi moves to issue a Negative #3 Determination of Applicability with the following conditions: · Hay bales and silt fence shall be installed along the entire edge of the property along the road. · If excavated material is not immediately hauled off site, it shall be stockpiled out of the buffer zone. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 2 · The applicant must inform the Conservation Commission of any changes made to the plan that involves more activity in the buffer zone. · Notify the Commission 48 hours prior to the commencement of construction. Seconded by Duff. All members are in favor. Motion carries 5-0. Paluzzi moves to recess for public hearings, seconded by Johnson. All members are in favor. Motion carries 5-0. Notice of Intent New: 21 Riverview Street – connect residence to city sewer – Thibodeau Maxner reads the legal notice. Jay McLaughlin states that he is representing the homeowner and will be doing the work. He explains that the applicant is proposing to connect the residence to city sewer located in Riverfront Area of Bass River. He states that the work involves the digging of a 20 foot long, 2-3 foot wide 3-foot deep trench off the side of the house and connecting to the existing city sewer lateral. He stated that the trench will be hand dug and that the work is approximately 85 feet from the edge of the river. Lang states what the Commission is most concerned about is when the excavation is done, the material is removed and taken offsite. McLaughlin states that as much material will be replaced and the rest will be taken off site. Lang asks if any existing septic tank or cesspool was located. McLaughlin states that as far as he could tell, there is an open ended pipe that discharges directly into the river. Lang asks if there are 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 5-0. New: 1 Melvin Avenue – pump and fill cesspool, connect residence to city sewer – Janard Jay McLaughlin states that he is representing the homeowner and is proposing to connect the house to city sewer in Riverfront Area of the Danvers River and Buffer Zone to a Bordering Vegetated Wetland. He explains that the work is approximately 45 feet from the Mean Annual High Water Line as depicted on the Mortgage Inspection Plan. He states that the proposed trench from the house to the street is approximately 40-45 feet long and about 2 feet wide. He explains that some excavation is involved in pumping the cesspool and then filling it in, and the estimated impact is about 150 square feet. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 3 Maxner provides photos of the site. Lang asks if there are questions from the public. There are none. Dr. Johnson moves to close the hearing, seconded by Paluzzi. All members are in favor. Motion carries 5-0. New: 407 Hale Street, Cornelius Felton Jay McLaughlin states that he is representing the applicant and proposes to connect the residence to city sewer, to pump out and fill in the existing septic tank as well as remove a fuel tank. He explains that all of the work will occur in the 100-foot buffer zone of a Coastal Bank and within an existing paved driveway. He states that the fuel tank and excavated material will be hauled off site and not stored in the Buffer Zone. T Maxner explains that the work is approximately 45 feet from the top of the seawall. Paluzzi asks if the tank is for heating oil. McLaughlin responds that it is a gasoline tank. 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 5-0. New: Beaver Pond Road, Maps 94 & 34 Lots 84 & 1A, Carmen Frattaroli Maxner reads the legal notice. The applicant, Carmen Frattarolli, explains that he is proposing to construct a single-family home, septic system and driveway in buffer zones to both an Isolated Vegetated Wetland (IVW), which is located up gradient of the proposed house and driveway, and a Bordering Vegetated Wetland (BVW), which is located across the street. He states that the work is approximately 22 feet from the IVW at its closest point and approximately 65 feet from the BVW at its closest point. He explains that the soil absorption system is approximately 65 feet from the edge of BVW, and includes proposed impervious barriers on its west and south sides. He adds that the total square footage of disturbance is approximately 12,650 feet, 7,300 of which are in the buffer to the BVW, and 5,530 in the buffer to the IVW. Lang asks if there are any questions from the public. George Osgood, 309 Dodge Street, states that he is looking to purchase about 19 acres adjacent to this parcel and is concerned over the runoff of this project. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 4 Lang states that this issue will be further discussed and suggests that a site visit be scheduled. Paluzzi moves to continue this item until May 10, 2003 pending a site visit on May 31, 2003 at 8:40 a.m., seconded by Duff. All members are in favor. Motion carries 5-0. Cont.: 5 Elm Top Lane – razing of existing house and construction of single family home & replanting plan – Elm Top Realty Trust Bob Griffin appears on behalf of the applicant. He provides an overview of the plan. Lang asks a clarifying question regarding an area on the plan being a “no grading zone.” Griffin explains that grading will only take place near the house. Lang states he is unsure about the replanting plan. He asks if the parties could come to an agreement regarding the top of the Coastal Bank, the parties could continue to deliberate on the planting plan. He states the Commission has received advice from counsel and he has suggested fines of $100 per day for each tree cut and the period would be September 30, 2002 to February 27, 2003. That would be a considerable fine. Lang states he does not know how other members feel about it but he does not think the vegetation plan that he sees is adequate. Joe Orzel, wetland consultant for the applicant, asks what is not adequate. Lang suggests that the number of trees is not adequate. Lang states that there has been serious cutting of trees and he thinks the applicant needs to reestablish some of the canopy coverage that has been eliminated. He suggests that more trees of a larger caliper need to be planted. The applicant, Robert Hubbard, asks that the Commission explain further. Duff states that the trees were taken down in the Coastal Bank without permission and that is against the law. She states that she agrees that the trees need to be replaced because it is the law. Orzel states that the applicant needs guidance from the Commission with regard to whether or not it considers Coastal Bank significant to wildlife habitat, as the State regulations do not. Lang responds that the Commission does consider this significant to wildlife habitat and the issue of clearing canopy is important. Lang states that he thinks that about 10 trees were taken down. So that is $3,000 per tree for each month, $30,000 per month. Over the course of five months the fine would be $150,000 fine. He states that the Commission is allowed to assess the fine pursuant to the Wetlands Ordinance. He wants to make sure that the Commission’s point is made that one cannot clear cut a resource area and ask questions and forgiveness later. He states that this is exactly the reason why there are fines in the Ordinance. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 5 Rich Albano, with Hancock Associates, stated that that he would like to raise a few points: § He contends that the Coastal Bank indeed provided wildlife habitat; § He points out that there is no construction sequence provided for the project; § He would like the Commission to consider the amount of proposed grading and potential runoff into the Coastal Bank; § He states that the erosion control barriers should be moved farther up the Bank. Robert Hubbard states that there is no good explanation for what happened, just that his contractor did not listen to his instructions. He goes on to explain that the property was not taken care of very well and thought his actions were beneficial. Hubbard states that they would be agreeable to dealing with the Coastal Bank delineation and construction of the house separately from the replanting plan. Paluzzi moves to close the hearing dealing with the Coastal Bank delineation and construction of the house only, seconded by Duff. All members are in favor. Motion carries 5-0. New: 19 Temi Road – construction of in-ground pool and house addition – Forest Ken Forest, the applicant states his proposal to install an in-ground pool and patio and an addition to an existing single-family home within the Buffer Zone to a Bordering Vegetated Wetland (BVW). He explains that the pool construction will be the first phase of the project, and the addition will be constructed a year or two later. He states that the pool and concrete patio is approximately 26 feet from the edge of wetland, and associated grading is approximately 9 feet from the BVW. He states that the excavated material from the pool area will be used to grade the rear part of the lawn. Paluzzi requests that no pool water goes into the wetland. Lang asks if members of the public have any questions. There are none. Maxner states the DEP comment letter suggests that a retaining wall be placed at the edge of the grading to minimize disturbance in close proximity to the wetland edge. Lang states that would be a considerable expense. He states the Commission would be concerned about erosion and suggests that the applicant seed right away when the grading is done. He also suggests that matting or cheese cloth be put down during construction to prevent erosion while the soil is being manipulated. Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. New: 1025 Hale Street – conversation or rectangular in-ground pool to kidney and Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 6 landscaping – Kalmia Design Maxner reads the legal notice. John Dick of Hancock Associates, presents for the applicant and explains the proposal to convert an existing rectangular swimming pool to a kidney shaped pool and provide associated landscaping in Riverfront Area to Chubb Brook and 100 foot Buffer Zone to a Salt Marsh. He explains that the work is approximately 50 feet from the Mean Annual High Water Line, and 40 feet from the Salt Marsh at its closest points. He states that there is about 2,300 square feet of alteration proposed, most of which falls within the first 100 feet of the Riverfront Area. He states that the project is a conversion fairly consistent with 310 CMR 10.58 (5) and 10.02, which is a minor project related to modifications to existing landscaping lawn. The lawn and pool have been there for a long time (1960’s). About 6 or 7 years ago there was no filing for some activity on this site. Lang states he would like to visit the site. A site inspection is scheduled to take place on May 10, 2003 at 9:30 a.m. Lang asks if there are questions from members of the public. There are none. Dr. Johnson moves to continue the hearing to the next scheduled Conservation Commission meeting pending a site walk on May 13, 2003 at 9:30 a.m., seconded by Paluzzi. All members are in favor. Motion carries 5-0. Orders of Conditions New: 21 Riverview Street – connect residence to city sewer – Thibodeau Lang states the only thing he is concerned about is that they don’t have a tank. He asks if the Commission can check with the Board of Health. Paluzzi moves to issue the following conditions for 21 Riverview Street: 1) Standard conditions. 2) Applicant shall contact the Board Of Health if old septic system is discovered. Seconded by Squibb. All members are in favor. Motion carries 5-0. New: 1 Melvin Avenue – pump and fill cesspool, connect residence to city sewer – Janard Paluzzi moves to issue the following conditions for 1 Melvin Avenue: Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 7 1) Standard conditions. Seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. New: 407 Hale Street, Cornelius Felton Paluzzi moves to issue the following conditions for 407 Hale Street: 1) Standard conditions. 2) Contractor shall contact the Fire Department when fuel tank is to be removed. Seconded by Dr. Johnson. All members are in favor. Motion carries 5-0. Cont: 5 Elm Top Lane, Elm Top Realty Trust Paluzzi moves to issue the following conditions: 1) Standard conditions. 2) Applicant shall place a row of haybales and silt fence on elevation 40 in addition to what is shown on the plan. 3) Applicant shall provide a construction sequence plan for work in the Buffer Zone. 4) The cease and desist shall be lifted for the activity in the Buffer Zone only, it shall remain in effect for any and all activity on the Coastal Bank. Seconded by Dr. Johnson. All members in favor. Motion carries 5-0. New: 19 Temi Road – construction of in-ground pool and house addition – Forest Johnson moves to issue the following conditions: 1) Standard conditions. 2) Applicant shall provide erosion control fabric such as cheesecloth to placed on exposed soil during construction. Seconded by Duff. All members are in favor. Motion carries 5-0. Modification to DEP File #5-790, 650 Cross Lane, Greenstein Maxner states that Mr. Greenstein came before the Commission a few months ago. He is proposing to construct an addition to an existing single-family home in Riverfront Area to the Lawrence Brook. She states that at the time, there was uncertainty if the addition would encroach onto the 15-foot drainage easement and the Commission told the applicant that he would have to come back if any changes were made. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 8 Peter Blaisdell from Hayes Engineering states that Mr. Greenstein is willing to relocate the pipe with the use of four new drain manholes. He states that existing drainage will be rerouted and pushed further toward the lot lines. Maxner states that the drainage easement plan has been before Gerry Marsella and has his approval. She states that Marsella said that the new easement configuration needs to be recorded at the Registry before work begins, and Bob Nelson should inspect it during construction and that an as-built should be provided when it is completed. Paluzzi moves to issue a minor modification. Seconded by Duff. All members in favor. Motion carries 5-0. 43-47 Water Street, Frank & Sue Kinzie Maxner states that the City and the Kinzie’s are involved in a legal suite over several issues regarding the Beverly Port Marina. She explains that an Order of Conditions was issued in 1993 to place underground fuel tanks, and apparently the fuel tanks are not in the spot where the Commission approved them. She states it is her understanding that there are also floating fuel lines extending from the pier and floating in the harbor. She suggests a site visit to get a visual of what is there. Lang recommends that Maxner send the Kinzie’s a letter informing them that they must file an Notice of Intent (NOI) since the existing Order has expired and that they show exactly what exists. Lang recommends that the Commission invite the Kinzie’s to the next meeting prepared to file an NOI. He suggests that if the Kinzie’s fail come the next meeting and they don’t file, the Commission should consider issuing a Cease and Desist Order. Lang states that the Fire Department might have a record regarding the tanks. Discussion with the Beverly Commission on Disabilities Maxner states that she included a letter in the Commission’s packet from the last meeting from the Commission on Disabilities talking about establishing a handicap accessible trail. She explains that they are looking at the J.C. Phillips Nature Preserve as a possible location for this trail. Norm Ganley, Co-Chair of the Commission on Disabilities, states the main reason he is before the Commission is to make the Conservation Commission aware of the project. He provides an overview of the project. He states that the trail will be five feet wide. He recommends moving the ‘fire gate’ about 25 feet to provide two parking spots for vans. He explains that the grade near the gate may need to be changed. Lang states that there will be people working on the Vitale site, and they will be working in the brook next to the trail and he is sure that they could be convinced to scrape the trail down with their equipment. Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 9 Lang asks if hot top will be used on the trail. Ganley responds that hot top would not be environmentally friendly. Ganley asks if the Conservation Commission sees anything with this proposal that will compromise the natural beauty of this area. Lang responds the more people that can enjoy the open space, the better. Lang states that the Commission on Disabilities should file an Request for Determination of Applicability for this project. Algonquin Letter Maxner states the Commission received a letter from Algonquin stating that they are not going to meet their deadlines for certain activities and they are asking for Condition #42 to be extended until the end of July. Lang states he thinks they have a problem and they are going to cause a tremendous amount of suffering for the boaters of Beverly. He states that the Commission needs more information about the ecological consequences of extending it through the summertime. He recalls that they originally thought they would be out of the harbor by April. Lang states it is not necessary for the Commission to act on this now. He recommends letting Algonquin know that the Commission is talking with EPA and DEP. Lang stated that he will contact these agencies and follow up. Approval of Minutes Paluzzi moves to accept the minutes of February 26, 2003 as written, seconded by Duff. Dr. Johnson abstains. Motion carries 4-1. 495 Cabot Street, Town & Country Homes, DEP File$5-759 – DEP settlement agreement (Bill Squibb recuses himself from this portion of the meeting and leaves the room.) Maxner states the DEP has written an accessory settlement agreement for all parties to sign. She explains that the document states that all of the parties request a dismissal of the appeal and waive their rights to request further administrative review before the DEP or Superior Court. Parties understand that any final decision incorporated in the Settlement Agreement shall not be subject to 310 CMR 1.01. Stevan Goldin, member of citizen group appealing this case, states that this is a big waste of time Beverly Conservation Commission - Meeting Minutes April2 22, 2003 Page 10 because whatever is approved is invalid as his group have not been carbon copied any of this correspondence. He states that he spoke with the DEP docket clerk yesterday and she informed him that as parties to this case, they must be kept informed of any and all correspondence. Lang states that the Commission has essentially withdrawn from this issue and sees no reason for the Commission not to sign this settlement. Paluzzi moves to sign the DEP settlement, seconded by Dr. Johnson. All members are in favor. Motion carries 4-0. Adjournment Dr. Johnson moves to adjourn, seconded by Paluzzi. All members are in favor. Motion carries 5- 0. Meeting adjourned at 9:15 p.m.