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2008-02-19 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present February 19, 2008 Conservation Commission Chair David Lang, Dr. Mayo Johnson, Gregg Cademartori, Tony Paluzzi (arrives at 7:30) and Bill Squibb (arrives at 8:00) Members Absent: Ian Hayes, Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang called the meeting to order at 7:30 p.m. at G.A.R. Hall, 8 Dane Street Beverly, MA. Certificates of Compliance New: 261 Hart Street - DEP File #5-679 - Hilarv Gabrieli John Dick, Hancock Associates, addresses the Commission and explains that the as built plans have been submitted, the work consisting of the installation of a 2" PVC force main connected to aI, 000 gallon dosing chamber and all connected to the City sewer. He states that the survey crew could not locate the exact location of the force main and the City's engineering department did not have a complete record either, but he assumes it's within the driveway or close to the side of it. Maxner notes that she visited the site and everything is in compliance. There being no further questions or comments regarding this matter, Paluzzi moves to approve the Certificate of Compliance for DEP File #5-679 - 261 Hart Street. Johnson seconds the motion. The motion carries 4-0. New: 261 Hart Street - No DEP File # Under Local Ordinance (IVW) - Hilarv Gabrieli John Dick explains that this project involved the grading and landscaping activities within the buffer zone and the 25 foot NDZ to an IVW. He noted that historically the area immediately adjacent to the wetland was used as a dumping area for compo sting yard waste and had resulted in a very large mound with steep slopes on the wetland side. He notes that the Gabrieli's have removed the dumped material and regarded the slope along the southerly edge of the wetland and replanted the area with native wetland plants to improve the wildlife habitat value. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 2 of 11 Maxner notes that she found everything to be in compliance and recommends approval. There being no further questions or comments regarding this matter, Johnson moves to approve the Certificate of Compliance for- 261 Hart Street No DEP File # Under Local Ordinance (IVW). Paluzzi seconds the motion. The motion carries 4-0. ReQuest for Determination of Applicability New: 400 Hale Street - Raze Existin2 Buildin2 and Construct a New Campus Security Buildin2 - Endicott Colle2e Maxner reads legal notice. Joe Orzel, Gulf of Maine, addresses the Commission and explains the plans to raze the existing campus safety building and construct a new public safety building in the same area at Endicott College. Dr. Wylie, College President, addresses the Commission and explains the need of the College to do this project at this time. He explained that they want to provide enhanced security for the students at the College which will need elaborate electronic equipment and the existing facility is too small and outdated to accommodate that. He notes that the appearance of the facility will be in keeping with the architecture of the Prides Crossing neighborhood. Joe Orzel reviews the wetlands on the site and notes that the pond was delineated in October of 2002 and the delineation is still valid. He also notes that there is vegetated wetland at the end of the parking area across Hale Street, noting that a portion of the new building will be in the buffer zone to the pond. Bernie Paquin, Dana Perkins, addresses the Commission and explains that the existing building is 600 s.f. and the new building will be about 2,000 s.f., noting that the new building is longer than the existing building and the utilities for the site will be relocated (gas and water lines). He also notes that hay bales will be installed and are noted on the plans. Joe Orzel notes that the closest work to be performed to the resource area is approximately 53 feet in the existing roadway. Lang asks if there will be any excavation work done on the site. Orzel notes that the building will be raised, and removed from the site. He also notes that the new building will be slab on grade with 4' frost walls. Lang opens up for public comment at this time. There is no one present who wishes to comment on this matter. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 3 of 11 Paluzzi moves to issue a Negative #3 Determination, with a special condition that Maxner inspect the hay bales prior to construction. Johnson seconds the motion. The motion carries 4-0. Johnson moves to recess for public hearings. Paluzzi seconds the motion. The motion carries 4-0. Amendment of Order of Conditions New: 76 Paine Avenue. DEP File #5-867 - John Swansbur2 Maxner reads legal notice. John Dick, Hancock Associates is present for the applicant. Dick addresses the Commission and explains that this application is for additional work on the seawall and other new proposed site work involving the construction of a tennis court, landscaping and contemporary flood storage. He explains that they are also proposing additional work on the seawall to achieve cross sectional grades as proposed on the original approved plan. Dick reviews the plans and notes that the degree of the imperviousness is negligible. Dick shows photos of the rear of the house and the landward side of the berm along the ocean and explains the landscaping plan. He notes that the finish work on the berm surrounds the existing concrete wall and notes that in the photos. Dick also explains that the rip rap facing the ocean requires them to extend to the top of the wall, he also explains the existing drainage system route and notes that there is no apparent record of any easement for the pipes. Lang asks how much they will be adding to the wall. Dick notes that there is no cement holding the existing rip rap in place and the wall is constructed of placed stone 36" of trap rock with no cement. Lang notes that the top 1 or 2 feet of rock is less than 12 inches. Dick states that they intend to place 36" and agreed what is there is small. He explains that 1.5-2.5 ton is spec which translates to 36". Johnson states that he is concerned about the floodplain capaCity. He notes that in the surge of a storm it will fill up quickly and continue to spread out. He notes that no matter how deep they dig the replacement area he doesn't believe it will make a difference. Dick states that it is not a question of depth it is question of lateral volume and explains that their project cannot impact flood storage and that is why they are providing compensation. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 4 of 11 Lang notes that there is a perception that once the tennis court is installed, the water will deflect off to the neighbors' yards. Johnson suggests that the Commission should visit the site again and also notes that he thinks that this should be a new Notice ofIntent. Lang agrees and notes that he would like to take a look at the seawall again. Lang opens the hearing up for public comment at this time. Bernard Becker of 48 Paine Avenue states that he would like a portion of the rip rap between the Swansburg and Velonis walls removed to open up the access to the 10-foot right of way that the neighborhood has rights to. Joseph Haley of75 Paine Avenue asks if the material they are excavating for the flood storage will be used in raising the grade for the tennis court. Dick states that will most likely use new material to be brought on site for the court area. Haley states that he feels the excavation so close to the seawall will destabilize the wall. He explains that it is a steep bank near the beach club and the bank could be destabilized and wash away. Oliver Wadsworth of 77 Paine explains that he is concerned about runoff from the back of the house. He also shows photos of his property with conditions that are the result of what he thinks to be unauthorized work done on the site by Mr. Swans burg. He also notes that there area two catch basins on the side of the house that have been installed since June 1 and reviews the history of the drainage on site. He notes that there was no water on the site until the last few years. He hopes that Swansburg's engineer can work with his engineer, David Smith of Vine Associates, as the Order prescribes to address the intersection of the two walls. Haley requests that the Commission continue this matter until such time as an engineer looks at it. He states that he is concerned about water on his property due to the addition of the tennis court. He shows the Commission photos of flooding from the April 2007 storm. Wadsworth notes that there is only one outlet that allows water to drain on Mr. Haley's property, noting that Mr. Haley has maintained it for over 40 years at his own expense. Fred Hutchins of 60 Paine Avenue expresses his concern about the integrity of the wall and the right of way. Chris Ve10nis of 68 Paine Avenue asks if the excavation would reach the sheet piles. Dick states that it will not. Ellen Wadsworth of 77 Paine Avenue reviews the history of the neighborhood and the Swansburg property. She states that she is concerned and opposed to building in the resource area because it serves so many of the neighbors in the area. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 5 of 11 There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to April 1, 2008, pending a site inspection on March 8, 2008 at 8:30 a.m. Paluzzi seconds the motion. The motion carries 5-0. Lang requests that the engineer and the applicant be present at the site visit. Dick agrees. Cont: Various Streets - North Beverly Brook Draina2e Project - City of Beverly Maxner reads Certification of Evidence Review on behalf of David Lang. Magdelena Lofstedt of CDM addresses the Commission and reviews the additional information that was requested by the Commission. She introduces Roland Adams with the City Engineering Department, Ralph Soupe and Sam Bade with CDM. She reviews the following information: Question 1a. Identify the owner of the drainage easement shown to the east of Tozier Road. Lofstedt states that the City of Beverly is the owner of the drainage easement on private property (#30 Tozier Road and #32 Tozier Roa, shown on sheets 5 and 6. Question lb. If City owned, can the sediments be removed from the drainage channels within the drainage easement? Lofstedt states that a Massachusetts contingency plan (MCP) site (310 CMR 40.00) is located upgradient of the drainage channels on the easterly side of Tozier Road. Sediments may be contaminated and if the City removes the contaminated sediment the City becomes liable for the cost and disposal of the contaminated sediments. She also notes that depending on the type and amount of contamination it could be cost prohibitive to remove the sediment under the current drainage improvements proposed along North Beverly Brook. Therefore sediment removal by the City is not proposed at this time. Question 2: The Conservation Commission has requested that the proposed wetland replication area be located 25 feet off the adjacent property boundaries and that the replication area be maximized to be as close as possible to the 2: 1 replicaiton to impact City/Wetlands Ordinance requirement. Lofstedt stated that the Wetland Replication Plan, Sheet 17, was revised and now consists of wetland replication located 25 feet away from adjacent property boundaries. The replication area is maximized and now total approximately 4,000 s.f., resulting in a replication to impact ration of 1.67: 1. Question 3: The Conservation Commission requested that the proposed bank stabilization along North Beverly Brook be benched to create additional areas of wetland vegetation. Lofstedt stated that the project design currently proposes single slope restoration to mimic existing conditions. The only location that benching of the stream bank would be possible is within the High School property. However there is an ongoing project that involves improvements of the High School property and benching would impinge upon the upland area available to the High School for that project. North of the Beverly Conservation Commission February 19,2008 Meeting Minutes Page 6 of 11 High School property, benching would add additional wetland impacts and is therefore not feasible. Question 4: The Conservation Commission expressed interest in controlling the spread of purple loosestrife (Lythrum salicaria) within the wetland area located on the western bank of the North Beverly Brook, upstream of the proposed wetlands replication area. Lofstedt stated that the Massachusetts Wetland Restoration Program (WRA) maintains a permit from the USDA Animal and Health Inspectional Service (APHIS) to import exotic Galerucella beetles. The WRA coordinates with the Massachusetts Natural Heritage and Endangered Species Program (NHESP) and local Conservation Commissions during the review process of potential release sites. The degree ofWRP involvement in purple loosestrife biocontrol varies from site to site. WRP can provide initial technical advise and guidance to all interested parties interested in purple loosestrife biocontrol in Massachusetts. Lofstedt noted these comments were submitted to DEP for their review. Lang opens the hearing up for public comment at this time. Joan Murphy addresses the Commission and states that the DPW came out and found a pile ofleaves that was blocking a pipe and they will be cleaning that up. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Cont: Behind 235 Dod2e Street - Norwood Pond Dam Repair - DEP File # 5-970- City of Beverly Maxner informs the Commission that the applicant has requested that the public hearing be continued to March 11, 2008. Paluzzi moves to continue the public hearing. Johnson seconds the motion. The motion carries 5-0. Cont: 105-107 Preston Place / Pole Swamp Lane - John Soursourian Maxner reminds the Commission that the applicant agreed to a continuance to the March 11 th meeting with the understanding that at tonight's meeting the Commission will decide on a scope of work and choose a consultant for the peer review. She states that she has prepared a scope of work and a list of potential consultants, which the Commission can discuss later in the meeting. Cont: 480-486 Rantoul Street - Construct Parkin2 Lot - Force Realty. LLC Beverly Conservation Commission February 19,2008 Meeting Minutes Page 7 of 11 Maxner informs the Commission that the applicant has requested that the public hearing be continued to March 11, 2008. Johnson moves to continue the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Cont: 90/92 Boyles Street - (Map 45. Lot 50) and (Map 45. Lot 2) - Construct Sin2le Family House and Wetland Crossin2 for Common Access Driveway - Carl Dumas Maxner informs the Commission that the applicant has requested that the public hearing be continued to March 11, 2008. Paluzzi moves to continue the public hearing. Johnson seconds the motion. The motion carries 5-0. Cont: 53H Trask Street - Construct Sin2le Family House - William Bates Bill Manuell, Wetlands & Land Management, addresses the Commission and notes that a site visit was held on February 16, 2008. He reviews the degraded nature of the site and notes that they will be looking at the trees on the site and the discussion points from the site inspection. He also states that they will be looking at providing more flood storage. Manuell notes that they are requesting a waiver and asks for feedback from the Commission as to what direction they may be going with that as the applicant wishes to get further guidance from the Commission. Lang notes that he would be in favor of a replication area that they talked about at the site inspection if it could flow through and keep some hydraulic regime and increased flood storage. Cademartori states that he is concerned about existing flooding concerns in the general neighborhood and would like to see the IVW enhanced rather than filled to replicate in a forested area. Maxner states that she wants to be sure that the Commission does not pick and choose how to enforce the regulations and that they should be consistent as the applicant has already stated they can do the project without filling the IVW. She reviews the waiver criteria with the Commission and is not sure that the first criterium is met with this in mind. Lang notes that it is an isolated area with not a lot of function or value and he thinks there is room for improvement. Cademartori asks if there is anything that can be done about the runoff in the driveway. He states that he would like to see some kind of pervious surface or some other BMP Beverly Conservation Commission February 19,2008 Meeting Minutes Page 8 of 11 material used for the driveway. Manuell states they have plans to address runoff from the driveway. Lang opens the hearing up for public comment at this time. Bob Farmer of 792 Cabot Street addresses the Commission and states that he is not opposed to the house but he is concerned about cutting trees in a forested area and flooding issues. Art Buchanan of 782 Cabot Street addresses the Commission states that he is concerned about the tree removal, additional flooding and screening from the airport. Lang suggests that the applicant look further at the design to address the concerns presented tonight for the next meeting. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to March 11, 2008. Johnson seconds the motion. The motion carries 5-0. New: 5 & 9 Otis Road - Construct a Contractor Stora2e Buildin2 - Red2ate Realty. Inc. David Lang recused himself from discussion of this matter and left the room. Paluzzi assumes the Chair at this time. Maxner reads legal notice. Jessie Blanchette, Griffin Engineering, addresses the Commission and explains that they are proposing to construct a contractors' storage building noting that they are proposing to fill a portion of the Isolated Vegetated Wetland with 2: 1 replication. He explains that they are proposing storm scepters and catch basins, erosion control measures on the site. He notes that they are constrained by zoning and there would be no adverse impact as the IVW is degraded. He notes the property is approximately 2. 24 acres in size with about 50% of it within the Commission's jurisdiction, and the two existing storage buildings are outside the Buffer Zone. Bill Manuell, Wetlands & Land Management, addresses the Commission and explains the proposed replication area on the westerly side of the IVW. He explains that the wetland is approximately 12,400 square feet and is degraded from years of trash dumping and errant debris. He states it is below the threshold to be ILSF. He explains that the location of the site is behind Cycles 128. He also states that they will have a monitoring plan at various stages following completion of the project and into the first growing season, and provides an overview of the replication program. He briefly reviews their request for a waiver from the local No-Disturb Zone and wetland alteration provision and explains how the waiver criteria will be met. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 9 of 11 Cademartori states that he wants to take a look at this site noting that he is concerned that there has been significant building just outside the Buffer Zone with no apparent stormwater program in place and is only just now being addressed. Maxner notes that they will have to go through Site Plan Review with the Planning Board on this project. Manuell states they are aware of that, but are waiting to submit Site Plan until they get a read from the Commission as to whether this project is acceptable. Paluzzi asks if there is any possibility of turning the building. Blanchette states that they looked at that but it is not possible. Paluzzi asks if they would consider a smaller building. Blanchette states that they need the larger building to accommodate the potential tenant. Lang opens the hearing up for public comment at this time. Joan Murphy, Meadow Road, states that she agrees that they should put a smaller building on the site. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to March 11, 2008 with a site inspection scheduled for Saturday, March 8th at 9:30 a.m. Johnson seconds the motion. The motion carries 4-0. Lang returns to the meeting and resumes Chair. Old/N ew Business Cont: 29 Hathaway Avenue - Enforcement Order - R02er Tremblay Mary Rimmer addresses the Commission and notes that the Commission visited the site and she would like some guidance on how to proceed. She notes that the wall is retaining a fair amount of the yard and Mr. Tremblay would like to keep it. She explains that they would like to propose regrading to a 3: 1 slope and install a half dozen native shrubs and trees. She suggests red maples, Sweet Pepper Bush, and Northern Arrow. She also suggests that the Japanese Knot Weed along the driveway should be removed. Paluzzi asks how much of the wall they would be removed. Rimmer estimates that it is 64 feet. He states that could be acceptable as long as the areas are re-planted. Lang suggests that they get an Order of Conditions for the wall and the remediation. Maxner recommends keeping removal of the wall as part of the Enforcement Order, and not entertain any other applications until that is complete, explaining that she does not want this remediation to be vulnerable to appeal. Beverly Conservation Commission February 19,2008 Meeting Minutes Page 10 of 11 Cademartori agrees and suggests that they formalize this remediation plan and set up a timeline for submission of the unpermitted work. Members recommend that Rimmer prepare a formal planting plan and detail the remediation work to be done. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to March 11, 2008. Johnson seconds the motion. The motion carries 5-0. New: Greenwood Avenue - DEP File #5-946 - Ben Stinson - Petition by Conservation Administrator for Modification of Order of Conditions Maxner addresses the Commission and explains that she has proposed changes to the Special Conditions for the project particularly relating to erosion control. She explains that this is a very challenged site with steep slopes and roadway and she has had difficulty getting satisfactory compliance from the applicant in addressing eroding site conditions and asks the Commission to entertain her petition to adopt the following additional Special Conditions: Y Modify Special Condition # 2 to read: The independent erosion control monitor shall visit the site at least once weekly during all active construction phases of the project to inspect and ensure the erosion controls are properly functioning and that proper site controls are being implemented. y Additional Special Condition #13: Prior to any further activity on site, and in order to provide a stable entrance and exit to the site, a temporary stone-stabilized tracking pad shall be installed along the edge of Indian Hill Road and shall be constructed, and tailored to the site, as described in the MA Erosion & Sediment Control Guidelines for Urban and Suburban Areas (see attached excerpt). y Additional Special Condition #14: Automatic fines shall be assessed without further notice for each and any future violation(s) of this Order. Fines shall be assessed at $100.00 for each offense for each day that the violation(s) continue and shall be levied against the applicant and any responsible contractor. y Additional Special Condition #15: Prior to any further activity on site, a pre- construction meeting shall be held on site with the following parties in attendance: the Conservation Administrator, the applicant, the wetland scientist/erosion control monitor and the contractor responsible for site work and excavation. All contact information for each party shall be supplied in writing to the Administrator at that time. Bill Manuell, applicant's wetland scientist, states that work should resume in 4-6 weeks and agrees that these new conditions are appropriate and necessary. There being no further questions or comments regarding this matter, Paluzzi moves to approve the modification to the Order of Conditions for DEP File #5-946. Johnson seconds the motion. The motion carries 5-0. Discussion on Scope of Work for Peer Review of Plans for 105-107 Preston Place / Pole Swamp Lane Beverly Conservation Commission February 19,2008 Meeting Minutes Page 11 of 11 Maxner reviews a draft scope of work and list of potential consultants. She will get estimates from three consultants. Brief discussion ensues regarding both and members agree on the scope of work as prepared by Maxner and recommend that she obtain cost estimates for services from Horsley Whitten and LEC Environmental. Orders of Conditions North Beverly Brook Draina2e Project - City of Beverly Cademartori expresses his concern that the City has not been very responsive to the concerns of the Conservation Commission or the DEP. Lang agrees and notes that the drainage design is final in the City's eyes and he believes that the new Tozer Road pipe is the most critical part of the design but is the most problematic from a regulatory point of view. Brief discussion ensues regarding the project impacts. Maxner states that an appeal from DEP can be expected if the Commission chooses to approve the project. Lang asks if there is any additional discussion on this project from the Commission, there IS none. Lang suggests Standard Conditions. Maxner reviews a draft set of Special Conditions that she prepared. There being no further questions or comments regarding this matter, Paluzzi moves to issue Standard Conditions and the Special Conditions as reviewed. Johnson seconds the motion. The motion carries 5-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on October 23,2007 were presented for approval. Johnson moves to approve the minutes form October 23, 2007. Paluzzi seconds the motion. The motion carries 4-0-1 with Squibb abstaining. Expenses Maxner informs the Commission that the latest invoice from Attorney George Hall is $240.00. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 5-0. The meeting adjourns at 10:00 p.m.