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2007-10-02 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present October 2, 2007 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Mary Reilly, Tony Paluzzi, Gregg Cademartori and Bill Squibb Members Absent: Ian Hayes Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. Presentation From Beverlv Open Space and Recreation Committee Liz Dunne, Vice Chair of the Open Space & Recreation Committee, addresses the Commission and explains that the Committee is updating the Open Space and Recreation Plan, which the State requires every 5 years in order for the municipality to be eligible for State grants. She thanked Kate Newhall and Amy Maxner of the Planning Department for their help in drafting the Plan. Dunne Reviews the Plan and notes that not all land is protected in Beverly. She also reviews the inventory of open space and notes that about 10% of the land in Beverly is open space and 406 acres have restrictions. She explains that they are planning for land conservation, acquisition, and maintenance of trails and signage in City parks. She also notes that they are planning for handicap access for some of the trails. She goes on to explain the highlights of the Plan. She reviews the priorities for the next five years for each of the Wards in the City and notes that the full version of the draft Plan is on the City website. Lang asks what the Conservation Commission can do to help get this Plan approved and implemented. Dunne notes that the Open Space and Recreation Committee needs the Commission's guidance, expertise and partnership and the Committee hopes that the Commission approves the plan and writes a letter of support. Kate Newhall notes that the deadline for comments on the draft proposal is October 16, 2007 and if the Commission has any suggestions for changes or revisions to submit them to her or Amy Maxner by that date. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 2 of 11 The Commission thanks Dunne and Newhall for their time and the informative presentation. Certificate of Compliance New: 8 Patti Road - DEP File # 5-821- John Crowell Maxner explains the Commission issued an Order governing the construction of an 8' X 40' addition within the existing footprint of an outdoor patio area, the installation of a perimeter fence within the buffer zone to a BVW. She notes that she conducted a site inspection and the addition is in compliance with the approved dimensions. She notes that the original proposed chain link fence was changed to an invisible fence to contain their dog. She also notes that the patio was refurbished within the same footprint and the rear lawn was slightly re-graded and seeded, both due to disturbance from construction equipment. She recommends that the Certificate of Compliance be approved. Paluzzi moves to issue a Certificate of Compliance for 8 Patti Road. Reilly seconds the motion. The motion carries 6-0. New: Various Streets/Properties within the North Beverlv Brook Watershed - DEP File #5-60 - Citv of Beverlv En2ineerin2 Department Maxner explains that this Order governed the drainage work proposed by the City of Beverly in the early 1980's involving the North Beverly Brook and piping the brook on High School property. She notes that the proposed work under this Order was never done and the Order was never properly closed out. She recommends that the Commission issue a Certificate declaring the Order invalid. Paluzzi moves to issue a Certificate declaring the Order of Conditions invalid. Reilly seconds the motion. The motion carries 6-0. Recess for Public Hearin2s Paluzzi moves to recess for public hearings at this time. Cademartori seconds the motion. The motion carries 6-0. Cont: 9 Cole Street - DEP File # 5-963 - Retainin2 Wall. Porch. Deck Construction. Drivewav - Anthonv Tau2ino Maxner reads a Certificate of Evidence Review from Dr. Johnson noting that he will be eligible to vote on this matter. Bob Griffin addresses the Commission and notes that they presented the plan to the Commission on August 21,2007 and a site walk was held on September 10, 2007. He explains that they have made some revisions to the plans as a result of the site inspection. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 3 of 11 He explains that a second site inspection was held and further discussion ensued regarding plan elements. He states he would like to present the revisions made so far which includes removing the section of the stonewall from the City right-of-way, and moving the vegetable garden about 5 feet from the wetland edge. Maxner reads comments from DEP and notes that moving it at lease 5 feet would help. Reilly states that she feels that the garden should be moved further away from wetland. Cademartori notes the location of the discharge point from the catch basin and suggests that they move it out of the 25' NDZ. Squibb asks if there are gas and oil traps in the catch basins. Griffin states that they could install an oil pillow in the catch basin. Squibb also states that no heavy equipment should be near the resource area. Cademartori states that the stonewall should be removed from the 25' NDZ. Griffin asks if removing the section of wall labeled TOW elevation 94 would be acceptable. Members agree this is reasonable. Reilly suggests that plantings should be included to restore the area that was disturbed. Lang agrees and suggests the area between the garden and the new stonewall at the toe of the slope. Maxner asks if the Commission wants to get revised plans before closing the hearing. Lang suggests that the Commission approve the plan and have Maxner review the revised plan to be sure that all of the suggestions of the Commission have been incorporated. Lang opens the hearing up for public comment at this time. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 6-0. Cont: 59 Paine Avenue - DEP File #5-965 - Windover Development Maxner informs the Commission that the applicant has requested a continuance to the October 23,2007 meeting. Paluzzi moves to continue the public hearing to October 23,2007. Johnson seconds the motion. The motion carries 6-0. New: 6 Ouincv Park - Repair Seawall Footin2 - Dale and Paul Earl Maxner reads legal notice. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 4 of 11 Dale Earl addresses the Commission and explains that they are proposing to rehabilitate an existing seawall. She states that they are proposing to use poured concrete or large boulders, noting that they want to do whatever would be the best long-term solution to the problem. She notes that she included photos of the wall with her application. Johnson asks if the beach has subsided. Earl explains that there has been wear and tear over time and that during bad winters water gets under and lifts chunks of the wall up. Johnson notes that if they are using boulders they should discuss that with the Commission because there could be issues with resource area alteration. Earl notes that she is getting estimates for both approaches. She also notes that she looked at a wall on the Danvers River but she has not decided how she wants to proceed. Lang notes that there is a difference between where she lives and the Danvers River noting that she has much more velocity and not all solutions work in all situations. Maxner states that Chapter 91 is very specific in terms of what has been approved and if they decide to change it that would require an amendment from Chapter 91. Lang states that the Commission needs more details on what they are going to build. He suggests that they do some repairs to get through the winter and plan to do something more permanent next year. Paluzzi agrees and suggests that the Commission visit the site. The Commission will visit the site on Saturday, October 20, 2007 at a time to be determined. Lang opens the hearing for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to October 23, 2007 pending a site inspection scheduled for Saturday, October 20,2007. Johnson seconds the motion. The motion carries 6-0. New: 68 Paine Avenue - Mana2e Nuisance Ve2etation - Chris Velonis Maxner reads legal notice. Mr. Ve10nis reads a lengthy prepared statement to the Commission and narrates a power point presentation. He explains his property and its location and notes that he is proposing to cut and attempt to manage phragmites within the wetland and buffer zone. He explains that he had proposed to cut a maze in the phragmites but the phragmites are much more insidious that he originally thought and abandoned the maze idea. He notes that he will be doing the work himself. He showed photos of the site and notes that John Dick of Hancock Environmental thinks that the area is a flood plain and not a wetland. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 5 of 11 He also explains that he has researched ways to retard the growth of this plant and is hoping the Commission would be open to different options, not including herbicide use. Lang suggests that he cut them down to two inches. He suggests that they go ahead and start cutting this fall, cautioning that they should be sensitive to the wetland area if they feel the soil getting soft. Maxner cautioned Ve10nis that he has to have the Order of Conditions from the Commission before he can start doing the work. Lang suggests that they may have to have an interactive process noting that they can cut a little and then have Maxner go out and take a look at it each time. He states that if they hit a wetland they should stop and come back to the Commission for further review. Cademartori asks if the wetland scientist attempted to delineate the wetland at all. Velonis states that the Phrag is too dense and John Dick was not able to gather soil data to indicate the wetland line. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. Cademartori opposed. The motion carries 5-1. New: Various Streets - Draina2e Improvements Throu2hout the North Beverlv Brook Draina2e Area - Citv of Beverlv Maxner reads the legal notice. Lang explains the role of the Conservation Commission in this project and this approval and notes that complaints about flooding issues should not be addressed by the Conservation Commission. He recommends that those concerns should be directed to the Engineering Department. Sam Bade, CDM Project Manager, addresses the Commission and gives a brief overview of the project designs. He explains the areas where the work will be done and wetland resource areas that are within work zones. He notes that a silt fence and hay bales will be installed and inspected weekly as well as after all storm events. He also notes that they will be left in place until the areas are permanently stabilized. Bade goes onto explain that the NOI covers 8 distinct and separate projects, 7 of which are all within the North Beverly Brook Drainage area. The 8th project is at Kelleher's Pond, which involves installing a new outlet to help regulate the level of the pond for flood storage purposes. He describes the following projects briefly: Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 6 of 11 '" Tozer Road relief drain involves the installation of a new 48-inch diameter drain pipe which is designed to take storm flowage during larger storms and divert it to relieve flooding upstream; '" Kinsman Street drain involves the connection of a 24-inch diameter pipe on Kinsman to an existing drain manhole; '" Walden Street drain involves the installation of 440 linear feet of 24-inch diameter pipe within Walden; '" Sonning Road Culvert involves the replacement of the existing 48"x36" corrugated metal pipe with a 53"x34" elliptical pipe in addition to brook cleaning activities upstream of the inlet - removing physical debris from the channel to improve flow conditions; '" Lexington Drive culvert removal and channel widening, approximately 140 linear feet of deteriorating CMP pipe will be removed that runs parallel with the train tracks and brook channel will be day-lighted as well as widening and channel cleaning will be performed to increase the water carrying capacity of the brook; '" Cummings Center drain involves installation of a new 48" pipe and new outfall to the Lower Shoe Pond, and dredging of less than 100 cubic yards of sediment at the discharge point; '" Culvert cleaning and replacement in Cummings Center and Sonning Road - involves cleaning and maintenance activities. Squibb asks what the impact will be on the wetland from the Tozer Road relief drain. Magdalena Lofsted, wetland scientist CDM, states that the pipe is not in the wetland but rather in the buffer zone. Cademartori states that the question related to the new flows that the wetland will be receiving and what impact will those new flows have on the resource area. Bade states there will be an increase in the 10-year, 24 hour storm and believes the water level will be increased by about 10%. Lang opens the hearing up for public comment at this time. Jean Martin, 40 Lexington Drive, states that the brook in her yard keeps being refered to as a drainage ditch, but wants to make sure the Commission knows it is a brook with an abundance of wildlife that use it. She is concerned about what will happened to the ecology and wildlife of the brook when it is widened as well the large willow trees that are immediately adjacent to the bank. She also notes that she has not yet even seen the plan for the brook on her property. Bade states that they just finalized that page (#4) and have provided a copy for the Commission at tonight's meeting. He goes onto to explain that they will work around the trees and that there are restorative plantings proposed to increase the wildlife habitat capacity of the brook. Steve Drohosky, General Manager of Cummings Center, addresses the Commission and expressed his concerns about sediment issues in the Shoe Pond. He requested a site walk and asked that the City explain what will be done at the Cummings Center. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 7 of 11 A resident of 7 Kinsman Street states that he has hired an engineer but he could not be at the meeting tonight but states that the Commission will be getting a letter spelling out his concerns that the part of the project that involves the Kinsman Street drain. Jean Martin notes that the stormwater detention basin behind Johnny Appleseeds does not function and thinks that should be taken into account in this project. There being no further questions or comments at this time, Paluzzi moves to continue the public hearing to October 23, 2007 pending a site visit by the Commission on October 20, 2007 at a time to be determined. Johnson seconds the motion. The motion carries 6- O. Old / New Business 44 Bovles Street - ReQuest for Tree Removal- Matt Kavanau2h Maxner informs the Commission that there is a spindly tree in the back yard of 44 Boyles Street that has not leafed this growing season. She explains that Mr. Kavanaugh has requested permission to take it down before it poses a hazard. She notes that it is within the buffer zone to a BVW, about 65-70 feet to the wetland at its closest point. She shows the Commission photos of the tree. Paluzzi moves to allow Mr. Kavanaugh to remove the tree. Johnson seconds the motion. The motion carries 6-0. 530 Essex Street - ReQuest for Tree Removal- Dod2e Street Tree Service Maxner explains that there is a very large Norway Spruce Tree located immediately adjacent to a perennial stream and right next to the homeowner's driveway and home. She explains that Dodge Tree Service reported that the tree has a bad "crotch" on the driveway side and the owner feels that the tree will fall on their cars and their house and poses a dangerous hazard. She shows the Commission photos of the tree. Squibb questions if this is something that could be fixed with a cable as it provides tremendous shade to the brook. Lang notes that they may be worried about liability. Cademartori states that it looks as though ivy is growing in the crotch of the tree and that is a sure sign of interior rot, but it does indeed provide shading and wildlife habitat. He recommends the Commission require replacement by a native tree specie of at least 2" caliper. Reilly agrees and wonders if the replacement should be deciduous or evergreen. Discussion ensues regarding this issue. Johnson moves to allow the removal of the tree with the condition that there is replacement with a native tree of their choice of at least 2" caliper. Paluzzi seconds the motion. The motion carries 6-0. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 8 of 11 Landmark School Maxner reported that the Landmark School is getting ready to remove the underground storage tanks located in the auto repair shop and this was not specifically addressed in the NOI for the athletic field. She noted that it might have been discussed briefly during the public hearing. She also noted that she thinks that it is something that the Commission would expect to be done if the automotive shop was going to be moved. She noted that a copy of the project proposal by Safety Kleen was included in the members packets this week and explains that Landmark has asked if this can be governed by the existing Order of Conditions and if any further information is required. Squibb states that he recalls asking about that during the public hearing and there were no plans at that time to remove the tanks. He states that he feels that they should file for an amendment. Lang notes that an RDA is also an option, but notes if there is a water table issue the Fall is a better time to remove the tanks. He suggests that the Commission allow them to remove them with the condition that a Licensed Site Professional be on site in case there are any leaks to be sure that they are handled properly. Cademartori suggests that the School construct the drainage swale immediately adjacent to the pond as proposed during revisions to the proposed plan. He believes this is an important element to improving water quality and the School should be expected to follow through with these measures in a timely manner and not be allowed to procrastinate on this. Members agree. Paluzzi moves to allow the removal of the underground storage tanks at the Landmark School, subject to the following conditions: 1. The Commission will require the construction of the water quality swale to commence immediately. As shown on the drawing "Landmark Soccer Field, SK-1 dated January 9,2007 prepared by Geller DeVellis). 2. A Licensed Site Professional (LSP) shall be on site during the removal of the UST. The LSP's name and contact information shall be provided to the Commission prior to removing the tank. The LSP shall provide documentation of his/her observations of soil conditions during removal to the Commission. 3. Proper erosion control shall be installed prior to swale construction and UST removal. The Commission or its Agent shall be contacted once erosion control is installed so an inspection of such can be made. Johnson seconds the motion. The motion carries 6-0. Conservation Commission Pamphlet Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 9 of 11 Maxner reported that the Conservation Commission pamphlet would cost about $360 to be mailed with the water bills. Members agree that this is worth pursuing and suggest that Maxner prepare a draft pamphlet for Commission approval. 71 Brimbal Avenue Maxner reports that she spoke to Heidi Davis at DEP about the outstanding violations at 71 Brimbal Avenue and Davis suggested one of two things. She suggests that the Commission give them one more chance to comply and if they don't the Commission can refer the matter to DEP or the Commission can just immediately refer the matter to DEP. Lang notes that they have been given several chances to comply by the Commission and suggests referring the matter to DEP now. Members agree. Paluzzi moves to refer the matter of the outstanding violations at 71 Brimbal Avenue to DEP. Johnson seconds the motion. The motion carries 6-0. Le2al Invoice Maxner reports that the latest legal bill from George Hall, the Commission independent attorney for the Manor Homes at Whitehall appeal is $200.00. Orders of Conditions 9 Cole Street Lang suggests Standard Conditions. Discussion ensues regarding the following Special Conditions: 1. The last section of stonewall labeled "TOW elevation 94", shall be removed from within the 25-Foot No Disturbance Zone; this area shall be returned to pre- existing grade and replanted with native shrubs. 2. The terminus of the 8" PVC drain pipe shall be moved so that the outlet is located just beyond or at the edge of the proposed crescent shaped stone retaining wall and just before the edge of the proposed shrub planting bed. 3. The vegetable garden, including the section of the garden currently uncontained, shall be moved at least ten (10) feet away from the edge of the wetland; the entire garden shall be placed within a raised stone or wood (not pressure treated) retaining planting bed. 4. Four (4) native wetland shrubs shall be planted along the base of the slope between wetland flags A3 and A4, and the slope and adjacent yard shall be seeded to stabilize disturbed soil. 5. The section of stonewall encroaching into the city street right-of-way beyond the property line shall be removed. Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 10 of 11 6. The existing silt fence shall be properly toed in below grade to prevent any further erosion into the wetland. The silt fence shall not be removed without the approval of the Commission or its Agent. 7. The existing piles of discarded stone, lumber and debris shall be removed from the back yard and disposed of properly. 8. An oil absorption pad shall be installed in the proposed catch basin and shall be maintained as appropriate. This condition of required maintenance shall continue in force beyond the issuance of a Certificate of Compliance. 9. Construction equipment and vehicles used for this project and for the use in the owner's stonework business shall not be cleaned or rinsed in the rear yard or the driveway. This condition shall continue in force beyond the issuance of a Certificate of Compliance. 10. Construction vehicles and related equipment used for the owner's stonework business shall not be stored in the rear yard. This condition shall continue in force beyond the issuance of a Certificate of Compliance. Paluzzi moves to approve the Order of Conditions for 9 Cole Street as discussed. Johnson seconds the motion. Cademartori abstains. The motion carries 5-0-1. 68 Paine Avenue - DEP File #5-967 - Chris Velonis Cademartori notes that he finds it hard to believe that John Dick could not determine the wetland line and reminds the Commission that Phragmite is a wetland indicator plant specie. He will be very interested in what the DEP has to say about this project as the information provided in the NOI is inadequate and the description provides no real detail as to the true wetland impact. Squibb states that he would like to see how Mr. Ve10nis progresses and the Commission could condition the project so that it retains control over how cutting is done and when the wetland is observed. Reilly states that she wants to make sure that the Phragmite is contained and burned on site. Lang states that Mr. Ve10nis will not prevail over the Phragmite but he is willing to entertain this project to see if any of the methods discussed have any impact to retard its growth. Discussion ensues regarding appropriate conditions for this project. The following Special Conditions are proposed: 1. Phragmite cuttings must be burned on site in a contained manner; no cuttings shall be transported to other locations for disposal. All necessary permits for burning cuttings on site must be obtained prior to work commencing. 2. The Conservation Agent shall be contacted after the first cut to schedule a site inspection; the Agent shall have the discretion to require that a wetland scientist Beverly Conservation Commission Meeting Minutes - October 2,2007 Page 11 of 11 observe site conditions after the first cutting in order to delineate the edge of the BVW if not obvious in the field. 3. After each successive cutting the Conservation Agent shall be notified. 4. If during cutting, wetland soil conditions are encountered, the applicant shall cease cutting in these areas and contact the Conservation Agent to schedule a site inspection to observe these areas; the Agent shall have the discretion to require that a wetland scientist observe site conditions at this point in order to delineate the edge of the BVW if not obvious in the field. 5. This Order allows for the use of plastic in covering the cut phragmite stems to explore this method of control; the applicant shall provide a report to the Commission on the success/failure of this method should it be employed. Johnson moves to approve the Order of Conditions for 68 Paine Avenue as discussed. Paluzzi seconds the motion. Cademartori opposed. The motion carries 5-1. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 6-0. The meeting adjourns at 10:00 p.m.