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2004-05-25 City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: May 25, 2004 Place: Beverly City Hall, 191 Cabot Street Board members present: ChairmanDavid Lang, Linda Goodenough, Ian Hayes, Dr. Mayo Johnson, Anthony Paluzzi, William Squibb Board members absent: Eileen Duff Others present: Amy Ellert-Maxner, Environmental Planner Recorder: Amy Ellert-Maxner Chairman Lang calls the meeting to order at 7:00 p.m. Certificate of Compliance 7 Nicole Avenue, DEP File #5-536 – Thomas Carnevale Thomas Carnevale is present. Maxner explains the Commission has received a Request for Certificate of Compliance for the complete construction of a single-family home, along with an affidavit from Vernon LeBlanc, P.L.S., the proposed plan and an as-built plan for #7 Nicole Avenue. Mr. LeBlanc’s letter indicates that the construction substantially conforms to the approved plan, except for two rip-rap walls constructed along the easterly side of the house, which served to lessen the slope. Maxner had requested that the entire wetland line be placed on the as-built plan. Maxner conducted a site inspection on May 24 and distributed photos for members’ review. Maxner states that the inclusion of the rip-rap walls were helping in stabilizing the slopes and preventing erosion. Lang asks if there are any questions from the Commission. Maxner asks if the Wenham Conservation Commission had released the road. Carnevale states that the Wenham Commission has issued a Certificate of Compliance for the road and will forward that to Maxner for her records. There being no further questions from the Commission, Paluzzi moves to issue a Certificate of Compliance. Dr. Johnson seconds. All members in favor. Motion carries 6-0. Conservation Commission Meeting Minutes May 25, 2004 Page 2 of 13 11 Landers Drive, DEP File #5-184 – Thomas & Anne Renda Peter Ogren, Hayes Engineering, represents the applicant. The Commission has received a request for Certificate of Compliance for an Order of Conditions issued in February of 1986 for the Lot 10, within the Landers Drive subdivision, an affidavit from Peter Ogren, Hayes Engineering, the proposed plan and as-built plan. The modified plan, dated November 20, 1990 was approved at the January 3, 1991 meeting, and voted on as a “non-significant” change to the original plan. Changes have been made to the November 20, 1990 plan that involve: · The addition of a wood platform, landscape timbers and a walkway and platform at the rear of the house which lead right to the edge of the pond; · A wooden deck off the rear of the house; · Retaining walls on the easterly side of the house. Maxner conducted a site inspection with Mr. Ogren on May 24 and distributed photos for members’ review. She states that she looked closely at the bank of the pond to determine if there was any opportunity for mitigation for the unauthorized dock, but found the bank to be very well vegetated and stable with little room for additional plantings. Commission members vote to continue this item to the June 15 meeting for clarification about the addition of the walkway and wooden platform (mini-dock) at the edge of the pond and to have the owners come to the meeting to answer the Commission’s questions. Squibb moves to continue the hearing to the June 15, 2004 meeting. Seconded by Johnson. All in favor. Motion carries 6-0. New: 19 Bayview Avenue, DEP File #5-683 – Cathcart Maxner asks if Ms. Cathcart had an engineer look at the stairway that was constructed on the Coastal Bank under the Order of Conditions, DEP File #5-683. Cathcart hands Maxner a letter from the engineer certifying that the stairway was built in compliance with the Order of Conditions, a request for a Certificate of Compliance and a check for the fee. Lang reviews the letter from the engineer and asks if this firm was the same one Ms. Cathcart worked with for the Notice of Intent. Ms. Cathcart states that it is. Lang asks if there are any further questions from members. There are none. Dr. Johnson moves to issue a Certificate of Compliance for DEP File #. Paluzzi seconds. All members are in favor. Motion carries 6-0. Conservation Commission Meeting Minutes May 25, 2004 Page 3 of 13 Minor Modification 8 Wentworth Drive, DEP File #5-832 – Holly & Steven Kalivas Maxner reminds the Commission it issued an Order of Conditions for the installation of an in-ground pool, which has been kept out of the 25-Foot No-Disturbance Zone. This request for Minor Modification asks for the elimination of the buffer zone enhancement plantings in order to preserve what little yard the Kalivas’ have left. Hayes states he would not be opposed to granting this modification as the applicant has worked hard to taylor the plan to address the Commission’s concerns over the 25-Foot No-Disturbance Zone. Lang asks if there are any further questions from members. There are none. Paluzzi moves to issue a Minor Modification allowing the elimination of the Buffer Zone enhancement plantings. Seconded by Dr. Johnson. All in favor. Motion carries 6-0. Request for Determination Applicability New: 29 Linden Avenue – Guy Rossi Maxner reads the legal notice. Mr. Rossi is present and explains he is proposing to enclose an existing deck area to accommodate a two-season sunroom by replacement of one and addition of one sona- tube concrete footings. The sunroom is to be built off site for hand assembly on site. All work will be done by hand, and work does not encroach into the 25-Foot No-Disturb Zone or further than existing conditions. Maxner conducted a site visit and distributes photos she had taken for members’ review. Maxner states that this property is within Riverfront Area of the Bass River, but the nature of the project is very minor and thought that an RDA application would be sufficient. She also notes that Mr. Rossi has juniper growing along the edge of his seawall, which is an excellent example of erosion control planting. Lang asks if there are any further questions from members. There are none. Dr. Johnson moves to issue a Negative #2 Determination. Paluzzi seconds. All members are in favor. Motion carries 6-0. New: 722 Cabot Street – Kenneth Cotreau Maxner reads the legal notice. Conservation Commission Meeting Minutes May 25, 2004 Page 4 of 13 Mr. Cotreau is present. Maxner explains this project was done without approval and the Commission requested that the owner file an application for the paving of an existing gravel driveway. She explains the driveway is less than 25 feet from the intermittent stream and Bordering Vegetated Wetland, but is an existing condition and will not be changing the conditions in any significant way. Squibb asks how far the drive goes beyond Mr. Cotreau’s house. Mr. Cotreau states it extends to the rear of his property where he has two sheds. Lang asks if there are any further questions from members. There are none. Paluzzi moves to issue a Negative #3 Determination. Dr. Johnson seconds. All members are in favor. Motion carries 6-0. New: 405 Essex Street – Scott & Lisa Robinson Maxner reads the legal notice. Maxner explains the applicant is proposing to install a pre-built sunroom addition over an existing deck. Mr. Robinson explains he is proposing to expand the square footage of the deck to accommodate the sunroom by digging 3 additional footings. Maxner states the existing deck is within the 25-Foot No-Disturb Zone by about 13 feet, and the edge of wetland (BVW) is located at the outer edge of the retaining wall. Maxner conducted a site inspection and distributes photos for members review. Linda Goodenough proposes the following findings as work is proposed within the regulatory 25-Foot No-Disturbance Zone: The Commission finds that there are no practicable alternatives that would have less impacts to the Buffer Zone or resource area. The Commission finds the addition of 3 new support footings (to be dug by hand) and their natural or consequential effects will have no adverse impacts on any of the interests of the ordinance. The project as designed has been carefully considered and strives to minimize potential adverse impacts to the resource area and interests of the Ordinance. The project as designed has been carefully considered and strives to minimize potential adverse impacts to the resource area and interests of the Ordinance as the sunroom addition will be supported by sonotube support footings as opposed to a full foundation, which would have resulted in greater impact to the Buffer Zone. Dr. Johnson moves to issue a Negative #3 Determination. Paluzzi seconds. All members are in favor. Motion carries 6-0. New: Water Street – Jubilee Yacht Club Maxner reads the legal notice. Conservation Commission Meeting Minutes May 25, 2004 Page 5 of 13 Sam Cooper represents the applicant and explains the project to the Commission. The applicant is proposing to replace pilings that support floats, repair travel lift, and replace cantilevered posts with support posts set into the ground for the deck off the clubhouse. The Commission issued a Negative 2 Determination with special conditions for maintenance dredging and piling replacement in February of 2001, a copy of which the applicant has attached to the application. Lang asks if the work from the previous Determination is complete. George Whitney states that the maintenance dredging was completed, as was the pile replacement. Lang asks if the Chapter 91 and 401 Water Quality Permits are still valid. Whitney states that the 401 Water Quality permit is good for 10 years, and believes it was issued in 1997, and the Chapter 91 License is valid for an indefinite period of time. Lang asks if there are any further questions from members. There are none. Maxner states that the Commission may want to consider the Special Conditions issued as part of the previous Determination. Paluzzi moves to issue a Negative #3 Determination with special conditions: · A containment boom shall be located around perimeter of work; · The applicant shall notify the Conservation Administrator 48 hours prior to commencement of activity; · A copy of this Determination of Applicability and these conditions shall be made available to the contractor and shall be retained on site for the duration of work. · Any cutting of material must be done so on land and far away enough from the resource area (ocean); · All debris, fill and excavated material shall be stockpiled at a location far enough away from the wetland resource area to prevent any erosion or material entering the resource area; · All construction equipment, construction materials, waste products, etc. shall be stored at least 100 feet from the resource area; · No fuel, oil, or other pollutants shall be stored in any resource area or the buffer zone. Seconded by Dr. Johnson. All in favor. Motion carries 6-0. Notice of Intent Cont: Off Boulder Lane, DEP File #5-815 – Miles Group, Inc. Maxner reads a letter from the applicant’s representative requesting a continuance to the July 27 meeting. Conservation Commission Meeting Minutes May 25, 2004 Page 6 of 13 Paluzzi moves to grant a continuance to the July 27, 2004 meeting. Seconded by Dr. Johnson. Motion carries 6-0. Cont: Lot B, Off Haskell Street, DEP File #5-826 – Frank Romano Maxner reads a letter from the applicant’s representative requesting a continuance to the next regular meeting. Dr. Johnson moves to grant a continuance to the June 15, 2004, meeting. Seconded by Paluzzi. Motion carries 6-0. Cont: 2 Boyles Street, DEP File #5-816 – Manor Homes at Whitehall Maxner states she has received a letter from the applicant’s engineer requesting a continuance to the June 15, 2004 meeting. Dr. Johnson moves to grant a continuance to the June 15, 2004 meeting. Seconded by Paluzzi. Hayes abstains. Motion carries 5-0-1. Cont: L.P. Henderson Road, DEP File #5-841 – City of Beverly Airport Daniel Nitzsche, Baystate Environmental Consultants, Inc., represents the applicant.He explains this project proposes the extension of runway, and taxi-way construction which involves the filling of an Isolated Vegetated Wetland (IVW), and work within the Buffer Zone to IVW and BVW. The Commission continued the hearing in order to receive the comment letter from DEP. DEP has issued its letter and had no comments on this project. Maxner has received the replication protocol for the file, as well as the 25-Foot No-Disturb waiver request and states that this additional information addresses the requirements in the Regulations. Lang asks if there are any further questions from the members. There are none. Lang asks if there are any questions from the public. There are none. Goodenough states that waivers to the 25-Foot No-Disturbance Zone should be discussed. Squibb thinks that there seems to be no practicable alternatives as the existing runway is a pre-existing condition, which would necessitate the positioning of the runway extension. Goodenough agrees and believes that the proposed safety area and runway design are subject to Federal Aviation Administration regulations, which take precedent over the Commission’s regulations as safety is of primary concern. Hayes agrees and believes that the resulting replicated wetland will be of higher quality than the wetland being filled. There will be improved wildlife habitat and flood storage. Lang agrees and states that the applicant’s consultant has carefully considered elements of the project. Conservation Commission Meeting Minutes May 25, 2004 Page 7 of 13 Lang asks if there ire any further discussion points. There are none. Paluzzi moves to close the hearing, seconded by Hayes. Dr. Johnson abstains. Motion carries 5-0-1. Cont: 150 Sam Fonzo Drive, Lot 1C, DEP File #5-844 – S&D Real Estate Trust Maxner states she received a letter from the applicant’s engineer requesting a continuance to the next regularly scheduled meeting. Paluzzi moves to continue this matter until the June 15, 2004 meeting. Seconded by Squibb. All members in favor. Motion carries 6-0. New: 19 Bayview Avenue – Geraldine Cathcart Maxner reads the legal notice. Ms. Cathcart is present and explains this project involves the construction of a sunroom addition to be placed on sona-tube footings in the Buffer Zone to Coastal Bank. Maxner reminds the Commission that this project was brought to the Commission’s attention while it was being constructed without approval. The new sunroom structure is not within the 25-Foot No-Disturb Zone and does not involve a full foundation. Squibb asks how many new footings will be placed. Cathcart states there are 3 new footings. Lang asks if there are any further questions from members. There are none. Lang asks if there are any questions from the public. There are none. Dr. Johnson moves to close the hearing. Goodenough seconds. All members in favor. Motion carries 6-0. New: 32 Cliff Street – James Daley Maxner reads the legal notice. Mr. Daley is present. He explains this project is for the construction of an addition to an existing single-family home within Riverfront Area to the Bass River. Maxner states she conducted a site inspection and provides photographs for members to review. She was sure to advise Mr. Daley to keep activity out of the 25-Foot No-Disturbance Zone. She also explains that Mr. Daley plans on cleaning up the area on top of the seawall of historically dumped yard waste, and has offered to consult with him on replanting the area with groundcover if feasible. Conservation Commission Meeting Minutes May 25, 2004 Page 8 of 13 Hayes asks if the addition will have a full foundation. Daley responds that it will be a full foundation, and that the house sits on ledge for the most part right now with a partial walk out basement, and he anticipates hitting ledge quickly. Squibb asks if the basement will have a drain. Daley states that it will, and that at present the neighboring house drains its roof runoff directly underneath his basement. Lang asks if there are any further questions from the members. There are none. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing. Dr. Johnson seconds. All members in favor. Motion carries 6-0. New: West Street – Dr. Edmund & Marie Carnevale Maxner reads the legal notice. John Dick, Hancock Associates, represents the applicant. He explains the applicant proposes to construct a single-family home within Riverfront Area, Buffer Zone to Bordering Vegetated Wetland (BVW), and 100-Year Flood Plain and explains the location of the lot. He explains that the shape of the house is odd and is a function of the zoning and 25-Foot No-Disturb Zone setbacks. He explains that the house will have 1 and 1/2 stories with 2 bedrooms and no basement and will be placed on pilings with a utility trench connection, he explains that there is no way to recharge roof runoff as groundwater levels are at surface. No plantings are proposed on the site, but he notes that the site is overrun by invasive multi-flora rose, honey suckle as well as poison ivy and the applicant would not be opposed to replanting the area with native species to improve wildlife habitat. He states that the City is doing a drainage project part of which will involve this site, and explains that the BVW was flagged by the City’s consultant as part of the application for the drainage project. He states that the BVW has been re-flagged for this project and extended slightly from the previous delineation. He states that the driveway will be made of pervious paving, and portion of the drive will require fill, and there is compensatory storage provided by a spoil pile. Johnson questions the lot’s square footage; he notes that it is only 12,580 square feet in an R45 Zone. Dick states that the lot is grandfathered from zoning as it has been in existence for many years. Lang asks if there are any questions from the public. Jean McClean, 110 West Street, states that this site is extremely problematic and flood waters are very high during heavy rain events, and wonders what the effect building a house would have on the site and in the general area. Dick states that the tide gate most likely exacerbates flooding in that area, but that the proposed project neither increases nor decreases the effect in the area. He states that upstream behind the wall and tide gate, the Conservation Commission Meeting Minutes May 25, 2004 Page 9 of 13 flood elevation is most likely functionally higher that what is shown on the flood insurance rate maps. Alfred Browne, 903R Hale Street, states that the flooding is rather serious to the point where one is not able to drive a car in that area, and wonders if placing any kind of structure on the site would cause flooding off site or worsen conditions on site, and thinks that the 100-year event is occurring at a much more frequent rate. He wonders if the combination of tide influx and upstream flow converging on the site is the real issue. Lang asks Dick if he would like to respond. Dick states that the site, although not previously developed, is in a very altered state and restorative plantings would only be to improve wildlife habitat value. He explains that there is only one performance standard for floodplain and that is replacement of flood storage volume, which has been met. Lang states that he thinks the point here is the additional burden placed on this area by one more house that adds more impervious cover with a roof and pavers, which are not 100 % pervious, and how does one justify this project in this area. Dick states that the regulations do not require a single-family house project to address runoff issues, and this area is a tidal basin for which there are no performance standards. He agrees that the 100-year event is occurring more frequently and that is probably because of all of the development that has occurred which has not been held to the same standards as today. He adds that he does agree that the site is very challenging, but contends that his client has met all of the applicable performance standards. Wendy Philbrick, Beach Street, asks what the pavers will sit on as that area is below the level of the sidewalk. Dick states that fill will be brought in to grade that area to accommodate a level driveway. She asks how much fill will be needed. Dick states about a foot of fill, but it will be a short distance to meet the rest of the driveway. She asks if the sewer is in. Dick states the sewer is not yet complete and is not sure when it will be completed. She asks what the square footage of the house. Dick states that he does not have that figure, but that it is only the footings that would be considered disturbance as the house will be above the floodplain. She asks how far the pilings will go into the ground. Dick states that they have not yet been designed, but they will definitely go below the frost line. Squibb asks if this house will be similar to the house at 68 Paine Avenue on the ocean. Dick states yes, but it would not be as high. Squibb asks if the pavers will have voids. Dick would propose that pavers with 40% voids be used. Some discussion ensues regarding the status of the City Chubb Brook drainage project. Dick agrees to send the City Engineer a copy of the application. Richard Davis, 30 Preston Place, provides an historical perspective on the function of the stone wall and tide gate which was designed to allow for flood waters from upstream to water the botanical gardens fruit trees that were cultivated upstream as part of a large estate. Conservation Commission Meeting Minutes May 25, 2004 Page 10 of 13 The only time he has seen salt water encroach across West Street was during the “Perfect Storm” when sand and salt water was coming over onto the property at 110 West Street. He thinks that flooding has been caused by the railroad not cleaning up after they clip and cut the tracks and from the City not maintaining the catch basins and not the tides as Dick suggested. Lang asks if there are any further questions from members or the public. There are none. Paluzzi moves to continue the hearing until June 15, 2004 pending a site visit scheduled for June 12, 2004 at 9:30 a.m., seconded by Squibb. All members are in favor. Motion carries 6-0. Old/New Business New: Enforcement Order, 24 Meadow Road – James Pica James Pica is present. Maxner states she conducted a site inspection and provides photos of the rear of 24 Meadow Road showing a stone foundation structure, arched bridge and large piles of yard waste and debris in the Bordering Vegetated Wetland resource area. Mr. Pica states that he just rearranged the rocks that were dumped there when he bought the property about 12 years ago. He state that he would like to make that area into a patio for sitting or place a storage shed on it and was not aware he needed approval for that work. Lang explains that the structure is currently located within the wetland and constitutes direct alteration of a resource area, which is illegal without prior approval by the Commission and proposed replication of wetland to be altered. He states that the area should be looked at and suggests scheduling a site inspection. The Commission voted to continue the discussion with Mr. Pica to the June 15, 2004 meeting pending a site visit scheduled for June 12, 2004 at 8:00 a.m. Paluzzi moves to ratify the Enforcement Order. Seconded by Johnson. All members are in favor. Motion carries 6-0. New: 660 Cabot Street – Alan Houde Mr. and Mrs. Houde are present. Maxner states she visited this site pursuant to a pool permit application and found a wetland area (a possible Vernal Pool) with dumped yard waste and construction debris. She sent a letter to the Houde’s requesting that they come to the meeting. Conservation Commission Meeting Minutes May 25, 2004 Page 11 of 13 Lang asks who has been dumping in that area and what has been dumped. Mr. Houde states that he has dumped his yard clippings and some branches along the slope and that others in the vicinity have done the same. Lang explains the Commission’s jurisdiction and the sensitivity of wetland ecosystems, especially Vernal Pools to filling and disturbance of this kind. Maxner asks if the Houde’s have contacted any consultants as she suggested. Mr. Houde states that he did, but that this job would be too small for anyone to take interest. He thinks that the slope is too steep for any machinery and cleaning it may do more damage. Lang states that this property should be looked at. Members agree a site visit would be appropriate. The Commission voted to continue the discussion to the June 15, 2004 meeting pending a site visit scheduled for June 12, 2004 at 8:30 a.m. New: 79 Cabot Street – Mark Pietrini Mark Pietrini is present. Maxner states she observed this property driving along Conant Street which is situated adjacent to the upper reaches of the Bass River, and observed that 3-4 trees were cut and chipped right next to the bank. Pietrini states he was unaware of any regulations that prohibited such work, but is willing to correct the problem. He states that the two trees he cut were not in good condition. The Commission decided to continue this discussion to the June 15, 2004 meeting pending a site visit scheduled for June 12, 2004 at 9:00 a.m. Order of Conditions New: 19 Bayview Avenue – Geraldine Cathcart Dr. Johnson moves to issue an Order of Conditions with Standard Conditions. Seconded by Paluzzi. All in favor. Motion carries 6-0. New: 32 Cliff Street – James Daley Paluzzi moves to issue the following conditions: · Standard Conditions; The following Special Conditions: 1. All construction debris shall be deposited into a dumpster that shall be located/positioned on the street side of the house. Conservation Commission Meeting Minutes May 25, 2004 Page 12 of 13 2. The applicant shall contact the Conservation Administrator after the top of the sea wall has been cleared and cleaned of debris to discuss what species of plants would be most suitable for planting in that area. 3. The lateral foundation drain pipe shall remain outside the 25-Foot No-Disturbance Zone. The motion is seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Cont: L.P. Henderson Road, DEP File #5-841 – City of Beverly Airport Paluzzi moves to issue the following conditions: · Standard Conditions The following Special Conditions: 1. Construction of the wetland replication area shall commence and be completed prior to any other construction activities. Wetland monitoring activities may proceed in conjunction with on-going runway construction. 2. The “Replacement Wetland Work Schedule” as outlined in the Replacement Wetland Narrative shall be adhered to. If any change to that sequence is proposed, the applicant shall present said change(s) to the Commission for review and approval. 3. Wetland replacement monitoring reports shall be submitted to the Commission twice a year during the spring and fall in a timely fashion to allow for changes to the plan if deemed necessary by the Commission or wetland consultant. 4. All fill utilized for this project shall be clean fill certified by a Licensed Site Professional and proof of certification shall be presented to the Commission prior to use. The motion is seconded by Ian Hayes. All members in favor. Motion carries 6-0. Old/New Business - Continued 13 Landers Drive, DEP #5-825 Maxner states the Commission has received a letter from Basbanes Associates Wetland Consulting on behalf of owner Ken DeMarco in regards to 13 Landers Drive Order of Conditions. The applicant and his consultant are requesting Special Condition #1, in the Order of Conditions for DEP #5-825, which states “gravel placed along bank and in pond shall be removed” be waived and allow the gravel to remain. They state at present the water elevation is above the gravel line and removal of the gravel would likely create more of a disturbance regarding water quality and instability. Conservation Commission Meeting Minutes May 25, 2004 Page 13 of 13 Lang is opposed to leaving the gravel in the pond, as he believes it is an unnatural condition and may be inhibiting plant growth and suggests that DeMarco remove the gravel when the pond is at its lowest level to avoid turbidity in the water column. Paluzzi agrees and suggests that Maxner write DeMarco stating that the rocks need to be removed. Members agree. Cont: 25-Foot No-Disturb Policy Members discuss the proposed 25-Foot No-Disturb Policy. Maxner asks if members have any suggested changes for the draft policy. There are no suggested changes. Goodenough states that this should be sent to frequent filers. Maxner states that she will send it out once it is approved. Paluzzi moves to approve the policy, seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Cont: Fee Assessment Policy Members discuss the proposed Fee Assessment Policy. Maxner asks if this policy accurately reflects the Commission’s interpretation of the Regulation fees. Members agree with the approach to assessing fees as outlined in the draft policy. Paluzzi moves to approve the policy, seconded by Dr. Johnson. All members are in favor. Motion carries 6-0. Maxner states she will send this policy out with the 25-Foot No-Disturb policy under the same cover. Adjournment Paluzzi moves to adjourn. Seconded by Dr. Johnson. All members in favor. Motion carries 6-0. The meeting is adjourned at 10:00 p.m.