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2007-02-20 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present February 20, 2007 Conservation Commission Vice Chair, Tony Paluzzi, Dr. Mayo Johnson, Gregg Cademartori, Ian Hayes, Mary Reilly and Bill Squibb Members Absent: David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at G.AR. Hall, 8 Dane Street Beverly, MA Certificate of Compliance 8 Fosters Point - DEP File # 5-437 - John and Cynthia Ventola Maxner recalls that the Commission issued an Order of Conditions for 8 Fosters Point in 1992 for the construction of a pile supported pier and floats in the Danvers River. She notes that the as built plans submitted are different from the approved plans by 10 feet due to the use of a different size float. She also notes that she visited the site and further notes that they had proposed to be further beyond the ML W than is required so they are compliant with the existing Army Corp of Engineers regulations There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance for 8 Fosters Point. Hayes seconds the motion. The motion carries 5-0. ReQuest for Determination of Applicabilitv Cont: 480-486 Rantoul Street - Determination as to Presence of Resource Area - Rantoul Street LLC Peter Ogren of Hayes Engineering addresses the Commission and recalls that the Commission visited the site and notes that a discussion was held as to what one resource area at the site would be classified as. He notes that at the last meeting the Commission decided to review additional information and reports that had been submitted for this site under a previous filing for a Determination of Applicability. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 2 of 13 Paluzzi asks Ogren if his client has discussed possible plantings for the site. Orgen states that they have talked about a reconfiguration and the possibility of coming back with a planting plan and they would be willing to do that at the NOI stage. Squibb arrives. Cademartori notes that the resource is a lot larger than is depicted on the plan and notes that the 1996 delineation closely represents what would be the delineation of this property and which extends offsite. He reviewed the area in question. Ogren states that the 1996 Gail Smith plan shows both areas and concludes that they are not wetlands subject to regulation. Hayes states that he is inclined to consider this an Isolated Wetland but notes that there is not much wildlife value. He notes that he has no problem with the redesign as long as it is kept there and they add some plantings and enhance its function. Cademartori explains that the Determination would be for the character of the resource area but not the delineation of the wetland. Ogren agrees and notes that it may indeed extend to the land on the south side. Hayes also states that he would be inclined to give a little relief on the 100 foot buffer zone. Paluzzi asks if there are any comments from the public. An abutter addresses the Commission and questions what this delineation would mean for her property regarding drainage. Orgren explains the drainage plan and notes that the drainage on the site will not change. Maxner further explains that the applicant cannot increase peak volume or discharge to neighboring properties or wetlands. There being no further questions or comments regarding this matter, Cademartori moved to issue a Positive Determination to characterize the resource as an Isolated Vegetated Wetland but not confirming the actual delineation. Johnson seconds the motion. The motion carries (5-0-1) with Reilly abstaining. Johnson moves to recess for Public Hearings. Hayes seconds the motion. The motion carries 6-0. Notice of Intent Continued: 412 Hale Street - DEP File # 5-909 - Landmark School- Construct Athletic Complex with Parkin2: and Athletic Field Jim DeVellis addresses the Commission and notes that this application for a NOI was filed over a year ago and they have been working with the Commission on the plan since Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 3 of 13 then. He notes that at the last meeting on December 2, 2006 there were two issues. He notes that they have addressed all comments in the letter from Meridian regarding the drainage and the Commission asked for additional information on the pond. He introduces Bill Manuell, Wetlands & Land Management, to review his findings. Manuell addresses the Commission and explains that his role in this was to evaluate the area as to whether there was a potential vernal pool on the site. He notes that the area was identified by the State as a potential vernal pool but was never filed verified or certified. He notes that Amy Maxner and Tom Keough conducted several site inspections and also explained that Leah Basbains reviewed the site for fish populations. He also notes that the characteristics of the pond does not meet the requirements of the Beverly bylaw for a vernal pool because it more closely resembles a pond at over 11,000 square feet in size and it is perennially wet at over 8 feet deep in some sections. He states that the biological criteria are weak at best and the breeding species found are facultative. Maxner asks what affects this project will have on the pond and the associated wildlife. Manuell states that they are proposing a significant amount of improvements to the water shed and water quality. He also notes that they have submitted a stormwater management plan with proper treatment swales down by the auto shop. He also notes that the school plans on initiating a new curriculum in the science department to engage the students in the restoration of the pond. He also notes that most of the wildlife that utilize the pond and are confined to the pond and some species are migratory. He also notes that there is a significant chunk of unbroken habitat for wildlife to the north. Manuell also notes that the water presently sheet flows across the parking area to the pond and their plan addresses that. Cademartori notes that there is infiltration on the existing field because it was built on fill and questions if they did any tests on that part of the site. De V ellis explains the test that were performed and their results noting that they found 7 to 10 feet of fill in the field. Cademartori asks if the existing field is not infiltrating very well, what nutrient loading is on-going. He states he is concerned that there will be a 50% reduction in peak flow to the pond and thinks this will alter the resource area drastically. DeVellis states he thinks the reduction in flow is more like 20% overall. Maxner notes that the property to the north is owned by Endicott College and questions what watershed for the pond would be left. De V ellis explains that they looked at that and notes that a lot of wetlands see drastic changes in topography and notes that they have done a study of where it goes. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 4 of 13 There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 5-0-1 with Reilly abstaining. Continuation - 87 Lothrop Street - Add Reventment to Base of Existin2 Wall- Jeffery Filmore Maxner informs the Commission that she has received request from the applicant that he is withdrawing the application. No action was taken. Continuation -101 West Street - Construction of Sin2le Family Home and Detached Gara2e etc. - 101 West Street Realty Trust Maxner informs the Commission that the applicant has requested that the public hearing be continued to March 6, 2007 to allow time for their Attorney to respond to the request for information from the City Solicitor. Johnson moves to continue the public hearing to March 6,2007. Hayes seconds the motion. The motion carries 6-0. Hayes notes that he feels that the Commission should defer consideration of this matter until the zoning issues are resolved. Members agree. New: Greenwood Avenue - Construction of Sin2le Family Home and Utilities - Ben Stinson Maxner reads legal notice. Bill Manuell addresses the Commission and explains that they are proposing to construct a new home and associated sub-surface septic system on the site and explains the location of the property. He notes that the septic system design has been approved by the Board of Health, noting that the proposed dwelling is outside of the buffer zone with the exception of a corner of the front porch. Manuell explains the proposed septic system and notes that there will be two leeching fields with a reserve area in between. He notes that they have included siltation control measures on the plan. He also notes that the closest leeching trench is 74 feet away from the edge of the wetland. Hayes questions if there is a vernal pool on the site. Manuell explains that it is 330 feet down slope on the opposite side of Common Lane. Maxner states that there is also a certified vernal pool up gradient of the site just beyond the gate on Greenwood Avenue. Johnson notes that nitrogen loading is a concern and asks what the effect of the extra nitrogen will be on the upland resource area. Manuell reviews the regulations and notes that the WP A affords the presumption of being 50 feet away from the leeching field to meet water quality standards. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 5 of 13 Cademartori notes that there is right of way on the plan and questions if there is an issue with the leeching field being in that location. Manuell states that there is none that he is aware of. Paluzzi suggests that the Commission visit the site. Squibb questions if any test pits were done on the site. Manuell states that Mill River Construction did them, not his firm. Maxner asks if each set of trenches has a reserve area. Manuell explains that there are barriers along the edge of the retaining area and explains the plan. Squibb asks what the minimum percolation requirements are in Beverly. Manuell states that he is not sure but thinks it is 30 or 60. Paluzzi opens the hearing up for public comment at this time. Jane Brusca of 11 Greenwood addresses the Commission and expresses her concerns regarding the zoning variance that this property received back in the 1980's. She notes that she knows that the Commission cannot address that but she feels they should be aware there are issues that could affect the design eventually. She also expresses concern about the stream noting that it does not dry up discharging from the up gradient vernal pool and is an important resource that feeds the down gradient vernal pool. Cademartori asks that the Commission get a clarification of the zoning issues. Manuell states he will provide that. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to March 6, 2007, pending a site inspection scheduled for Saturday, February 24th. Hayes seconds the motion. The motion carries 6-0. New: 10-12 Con2ress Street - Construct Two Residential Buildin2s - Beverly Office Development. LLC Maxner reads the legal notice. Atty. Thomas Alexander addresses the Commission representing Beverly Office Development LLC, who is present at the meeting. He explains the history of the site and notes that it was formerly a manufacturing site since the early 1900's and more recently a chemical manufacturing plant. He notes the site is an extremely densely populated area along the Bass and Danvers rivers. He further notes that the project has been reviewed by the Beverly EDCD and the Planning Department and has been rezoned by the Beverly City Council to a waterfront mixed residential zone. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 6 of 13 Alexander explains that the project includes the construction of two buildings housing a total of 72 condominiums, parking, utilities, landscaping and a public walkway to provide public access to the waterfront. He also notes that the area is considered a previously developed Riverfront Area and they meet the requirements of the Act providing that significant improvements and new native plantings for wildlife habitat and allow for public access. Alexander explains that they are requesting a waiver of the 25 foot No Disturb Zone on the site for the construction of the walkway and the landscaping. Alexander introduces Mary Rimmer, Rimmer Environmental, to review the plans with the Commission. Rimmer addresses the Commission and notes that DEP has issued file # 5-947 to this project. Rimmer reviews the existing conditions on the site and identifies the resource areas on the plan which were affirmed in a recently issued ORAD. She notes that they are in a Riverfront area, coastal bank and land subject to coastal storm flowage. She reviews the performance standards and notes that the majority of the site is previously developed and the regulations allow for redevelopment if they meet the criteria. She notes that they meet stormwater guidelines and the proposed improvements will result in the creation of significant green space that will serve as stormwater management. She also notes that they are proposing planting trees and shrubs and native grass. Rimmer explains the stormwater management plan for the site and notes that they will be improving the water quality to the Danvers River. She notes that the plans call for a 33,000 s.f decrease in impervious surface on the site. She also notes that the coastal bank is not adversely affected by this plan. Ken Knowles of Meridian Engineering addresses the Commission and reviews the drainage system planned for the site. He explains that the plans call for parking to be located under building A and B. Knowles explains that there is presently 104,000 s.f. of impervious surface on the site and they will be reducing that. He also notes that they expect 80% TSS removal through the use of drainage swales and rain gardens. Knowles reviews the proposed landscaping plan for the site. He notes that there will be a raised boardwalk and they are proposing 550 plants and shrubs as well as a perennial garden for a total of 1,000-1,200 plants. He also notes that a Chapter 91 license is required for this project. Paluzzi asks if all of the stormwater will be going into the Danvers River or is a portion going into the drainage system on Congress Street. Knowles explains the proposed elevations and the location of the catch basins and states that all the drainage from the stie Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 7 of 13 is directed to the River, but that since it is a tidally influenced River the peak rates of discharge are not a concern. Paluzzi asks if they will be repairing the wall from a barge or landward of the wall. Alexander notes that it is a shallow area and it would be difficult to get a barge in there so he assumes it will be from land side. Maxner questions if the roof leaders will be flowing into a dry well. Knowles explains that he is not sure if there is an opportunity to install drywells because offill. Rimmer explains that the rain garden system is supported by surface water runoff. Cademartori asks if the site has a clean as far as contamination is concerned. Alexander explains that the AUL has been removed because the clean up of the site has been completed and the AUL was voluntarily placed by the previous owner to limit any potential liability. He explains that the applicant has removed the AUL and the DEP has approved it. Squibb asks what the extent of the clean up was. Alexander explains that 2,000 yards of contaminated soil was removed from the site and replaced with clean fill. He also explains that some foundations were removed and replaced with clean fill as well. Squibb questions if they anticipate finding more contamination on the site when the remaining foundations are removed. Alexander states that they do not have any plans to monitor the site and notes that there are studies that back up clean up of the site that was done. He notes that 970 truckloads of material were removed from the site and the riverbed. He further explains that the Federal Government did the clean up and they are responsible for the clean up of the site. Maxner asks if the shellfish in the area have been tested. Alexander states that he does not know. Hayes asks if any of the proposed buildings are in the 25 foot NDZ. Alexander notes that a portion of building A would be in the NDZ. Hayes asks ifhe knows the square footage of that. Alexander states that he will get that information. Paluzzi opens the hearing up for public comment at this time. Joan Murphy of36 Longmeadow Road addresses the Commission and expresses her concern about water in the underground garages and how runoff from the cars will be treated. A resident of36 Cliff Street addresses the Commission and requests that the Commission look into having the site monitored for contamination, noting that she feels that there could be more on the site. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 8 of 13 Rene Mary of274 Hale Street addresses the Commission and expresses her concern about public parking on the site. Knowles explains the proposed parking on the site and noted that there will be five dedicated spaces for the public to use the river walk. Dana Fishman of 6 Cliff Street addresses the Commission and expresses his concern about wildlife on the site and increased traffic to the area near the beach on Congress Street. Stephanie Walls of 10 Cliff Street addresses the Commission and expresses her concern about testing on the site. Rene Mary addresses the Commission and asks what kind of planting they are proposing. Rimmer explains that they are proposing new native plantings for the site. Maxner asks if there are any plans to improve the upper left hand corner of the site. Alexander explains that they do not own that land it is a City beach. Walter Jaworski addresses the Commission and explains the history of the neighborhood. He notes that he has concerns about drainage on the site. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to March 6, 2007, pending a site visit scheduled for Saturday, February 24,2007 at 9:30 a.m. Squibb seconds the motion. The motion carries 6-0. New: Off Yale Blvd.. Col2ate Road. McArthur Road. Balch Street. - Remove Sump Pump Dischar2es to Sewer System. Construct Drain Extensions etc. - South Essex Sewera2e District Cademartori recused himself from discussion of this matter. Maxner reads legal notice. Dana Green, Camp Dresser & McKee, explains the South Essex Sewerage District and the City of Beverly are proposing sewer and drainage improvements in the Raymond Farms area. He explains they are addressing two problems, one being the aging and failing drainage system and the illicit connections from sump pumps to the SESD sewer system. Eric Barber, Assistant City Engineer for the City of Beverly addresses the Commission and explains the project and the areas in which the work will take place. He notes that a lot of the work will be done in a paved right of way, some sections within the buffer zone and the city is rehabilitating the Bass River drainage system from Yale Blvd. to Colgate Road and this constitutes the 3rd phase of a 4 phase inflow removal project. He explains that they are replacing the drainpipes with larger pipes and explains the locations. He also notes that the initial motivation for the project was for structural Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 9 of 13 repairs to a 50-year old pipe system, which is collapsing. He also notes that flooding concerns prompted the increase in the capacity of the pipes. Maggie Loftstead of CDM addresses the Commission and explains the plans and resource areas invovled. She explains the resources involved which include Land Under Water, Bordering Vegetated Wetland, Bordering Land Subject to Flooding and 200-Foot Riverfront Area. She states that the final discharge point into the Bass River is located at 30 & 32 Colgate Road and the northerly tip of the Beverly Golf Course. She states that the bank will be realigned at the discharge point and a 2-1 slope, gentler that what currently exists, will be established for the banks. She explains that 1,840 s.f. ofBVW will be converted to Land Under Water and the BVW will be replicated in the old channel location achieving a 3.5: 1 ratio, above the 2: 1 required by the Ordinance. She explains that the bank disturbance will be about 180 l.f. to be replaced with 280 l.f. Hayes asks clarification on the construction access. She also explains a preconstruction topography survey and states the temporary access will be established between the properties at 30 & 32 Colgate. She explains the conditions of the existing wetlands and the plantings that are proposed for the project and explains the species and the locations in which they will be planted. She further notes that they will notify the Conservation Commission Agent at critical stages of the project. Maxner notes that this is a limited project and that they are repairing and replacing drain pipes without significant alteration. Loftstead states that they are not altering more than 5,000 s.f. Maxner states that the bank alteration exceeds the threshold. Loftstead states that they are altering 180 s.f. of bank and creating 280 s.f. and that the wildlife study is included in the NO!.. Maxner asks if the work goes as far as to install connections of sump pumps on private property. Barber explains that the City will provide the drain and a two-inch pipe stub out to the property line and it will be up to the residents to connect to it. He also notes that the City is looking at ways to motivate people to connecting to it. Barber also notes that they inspected the entire drain line and they know where the damage is. Maxner questions if they are reconstructing the headwall on the north side at Yale Blvd. Barber explains that the existing granite headwall location and explains the plan and the new location of the granite blocks on the site but it is not a full reconstruction of that headwall. Maxner notes that they will be altering 220 s.f of land under water and asks if the concrete pad on the Yale Blvd. side is part of that alteration. Loftstead explains that there is a concrete pad at the base of the outlet and refers to page 3 of9 in the NOI and explains the plan. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 10 of 13 Paluzzi asks if there is any work being done in the buffer zone on McArthur Road. Loftstead explains that a small diameter drain will be removed and replaced with a 6" pvc drain within a paved area on the up side of the road near the curb. She also notes that the flow will be discharged into a catch basin. Maxner suggests that the Commission keep the public hearing open until DEP comments on the project. Paluzzi notes that the next meeting of the Commission is in two weeks and suggests that Maxner draft some conditions before the next meeting. Squibb questions why they are only doing one section of McArthur Road. Maxner requests that they monitor the discharge points of the additional flow on the site. Paluzzi opens the hearing up for public comment at this time. Rene Mary of274 Hale Street addresses the Commission and expresses her concerns about the pipe under route 128. She also questions if the pipes are designed to withstand a 100-year storm. Barber explains that the City of Beverly designs for 10-24 hour storms. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to March 6, 2007. Hayes seconds the motion. The motion carries 5-0. Cademartori returns to the meeting at this time. Old/N ew Business Continuation: 37 Haskell Street - Enforcement Order - Russell HU2hey and Sydney Shriver Maxner recalls that the Commission issued and Enforcement Order and addressed the issues with the homeowner at the last meeting. She notes that since then Rich Kirby has prepared plans to address the issues. The homeowners are present at the meeting along with Rich Kirby. Rich Kirby, LEC Environmental, addresses the Commission and explains the circumstances that led to the violation. He explains that they are proposing to remove a 10-foot section of the pipe and cap it and add plantings to the area to enhance it. He notes that the plans have been submitted to Maxner and reviews them. He notes that they propose to complete the work by May 31, 2007 explaining that they owners are going to do the work themselves. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 11 of 13 Maxner suggests that they plant native plantings. Kirby agrees and notes that they will most likely get them at New England Wetlands Planting. Paluzzi questions why they are capping the pipe. Kirby explains that it is perforated pipe and explains the system. Maxner requests that the Commission amend the Enforcement Order to incorporate the deadline and a final planting deadline and a site inspection. Johnson moves to amend the Enforcement Order for 37 Haskell Street to include the current plan for mitigation and the work and final plant installation and inspection shall be completed by May 31,2007. Reilly seconds the motion. The motion carries 6-0. New: 109-123 Water Street - DEP File #5-852 - ReQuest for Extension Maxner explains that the applicant has requested a two-year extension for the Order of Conditions issued for work involving groundwater remediation activities at the Tucks Point Condominiums. Hayes moves to issue a two-year extension for the Order of Conditions for 109-123 Water Street. Johnson seconds the motion. The motion carries 6-0. Orders of Conditions 412 Hale Street - DEP File # 5-909 - Landmark School The Commission held a discussion on proposed conditions for the project. Cademartori states that he cannot vote in favor of this project because the use is too intense for the area. He states that there are probably other uses that could be permitted but thinks the alteration of the drainage characteristics of the watershed will alter the pond. Hayes questions what the alternative is, noting that there are other uses that can be permitted in that area. He also questions if there is a defensible way of denying this project. Cademartori notes that this is a pond with vernal characteristics with another isolated area that was not evaluated located to the north. Maxner notes that the Commission needs to have findings for a denial. She notes that one is that there is a pond that supports vernal pool species and suggests that there should be a condition that protects the resource area and the habitat. Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 12 of 13 Paluzzi notes that if the project meets all of the criteria we have no choice but to approve it. Maxner reviews the regulations and the basis for which a Commission can deny a project. Reilly suggests that if the project affects the groundwater and alters the watershed, the Commission should deny it. Hayes notes they are not going to further degrade the pond and they are proposing to restore it with drainage improvements. Johnson states that he does not feel that the Commission has grounds to deny the project. Hayes notes that he hates the loss of the forested area and that will impact wildlife and suggests that the Commission condition the order to save some of it. Maxner notes that the next meeting of the Commission is in two weeks and she could draft an Order of Conditions for that meeting and it would still be within the 20 days which the Commission has to approve the application after the close of the public hearing. Squibb notes that it is a degraded water body and notes that the school is proposing to address that by adding it into their curriculum. He requests that they submit some concrete tangible information on the proposed science curriculum. Squibb moves to reconsider the closing of the public hearing earlier in the meeting. There was no second. Discussion ensued regarding the grounds upon which the vote to close can be reconsidered. Hayes moves to approve the project with appropriate conditions to be reviewed by the Commission at the next meeting on March 6,2007. Johnson seconds the motion. The motion carries 5-0-1 with Reilly abstaining. Approval of Minutes Johnson moves to approve the January 9,2007 minutes. Hayes seconds the motion. The motion carries (4-0-1) with Reilly abstaining. Other Business Maxner informs the Commission that the MACC Conference will be held on March 3, 2007 at the College of the Holy Cross in Worcester. The Commission schedules an executive session meeting to discuss pending litigation on the Chapman's Corner/Manor Homes at Whitehall appeal for Thursday, March 8, 2007 at 7:00 p.m. Adjournment Beverly Conservation Commission Meeting Minutes - February 20,2007 Page 13 of 13 There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Hayes seconds the motion. The motion carries. The meeting adjourns at 11: 15 p. m.