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2008-03-11 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present March 11, 2008 Conservation Commission Chair David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Mary Reilly, Greg Cademartori, and Bill Squibb Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang called the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. ReQuest for Determination of Applicabilitv New: 127 Water Street - Install a FURRAH recvclin2 and water wash svstem- Jubilee Yacht Club Maxner reads legal notice. David Smith of Vine Associates addresses the Commission and explains that they are proposing to install a boat wash station at the Jubilee Yacht Club. He explains the current process the Yacht Club uses and notes that it is a power wash system, which drains back into the harbor. He explains that the new system will be recycled and filtered and explains the process which results in the water being discharged through a perforated pipe into a holding tank with crushed stone to be used again. He states that the existing concrete slab will receive a trench drain to convey the wash water into to the 4' in-ground sump tank and then it will be conveyed to the portable FURRH trailer recycle unit which is portable. Smith estimated that it should take about a week to install the system. He also notes that they are proposing hay bales and a silt fence at the edge of the boat yard for construction containment. He also states that they will be removing the excess excavated material from the site. He also explains that they will maintain the system and testing using Clean Harbors. Lang asks if the power wash will use soap. Smith states there will be no additives to the water. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 2 of 12 Hayes asks how often they will need to replace the water. Smith states that they may pump out the tank at the end of the season if necessary. He explains that they would have Clean Harbors pump it out and remove it. Lang asks if they will use a sand filter. Smith explains that it will be a cartridge. Paluzzi asks if the swale will be concrete. Smith explains that it will be concrete and explains it will be patched and blocked up noting it is a small swale about 2 inches deep. Reilly asks how they will handle critters in the system. Smith explains that marine growth is one entity and would be treated as a solid noting that it could be mussels and small barnacles. Cademartori asks if the trench drain is adequately sized. Smith states that it will be 3 or 4 inches and is confident that it is big enough noting that the sump chamber holds about 300 gallons. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination. Johnson seconds the motion. The motion carries 7-0. New: Temple B'nai Abraham - Install Drain Pipe. Drvwell and Rain Garden and Build Blue Stone Patio - Rabbi Steven J. Rubenstein Maxner reads legal notice. Martin Greenstein addresses the Commission and explains the plans to install a patio and garden for multiple purposes including Hebrew School and for the congregation to enjoy. He explains the drainage system and notes that the rain garden will be planted on top of the drywell that receive pipes down the side of the building to the down spouts to collect roof runoff. He noted the locations on the plan. Paluzzi asks what the capacity of the drywell is. Greenstein explains that it will be 10xl0 and 4 feet in depth and will have crushed stone and filter fabric. Cademartori asks if the drywell will be a pre-cast unit as he is concerned that at that depth they may already be in groundwater and there will be little relief from the flooding problem in that case. Lang asks what they plan for shrubbery and plantings in the garden. Susan Quateman, Landscape Designer, states that they will be native plantings and notes that they chose plantings that will work in the wetland. Greenstein shows photos of the area. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 3 of 12 Cademartori states that a site visit may be in order as the plan is not descriptive enough with regard to the wetland and the buffer zone locations. Lang agrees noting that the wetland and buffer zone must be obvious on the plan for future reference and suggests that the Commission continue this matter to the next meeting. The Commission will visit the site on March 29,2008 at 8:00 a.m. There being no further questions or comments regarding this matter, Paluzzi moves to continue this application to April 1, 2008, pending a site visit. Johnson seconds the motion. The motion carries 7-0. Johnson moves to recess for Public Hearings. Paluzzi seconds the motion. The motion carries 7-0. Amendment of Order of Conditions Cont: 76 Paine Avenue. DEP File #5-867 - John Swansbur2 Maxner explains that this matter was continued to April 1, 2008 and no discussion will taken place this evening. 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 April 1, 2008. Paluzzi moves to continue the public hearing. Johnson seconds the motion. The motion carries 7-0. Cont: 105-107 Preston Place / Pole Swamp Lane - John Soursourian Maxner addresses the Commission and explains that she has coordinated with the applicant the independent consultant for the peer review of this project. She states that the independent consultant is Rich Kirby ofLEC who is here this evening. She state that he will be reviewing the wetland line and locating potential vernal pools on the site as well as recommending Best Management Practices for road stormwater runoff. She explains that the applicant requested this meeting tonight to coordinate the approach to the field investigation. Peter Ogren, Hayes Engineering, states that he would like to establish the protocol for the determining of vernal pools. He suggests that the two consultants go out to the site together so that there is no confusion in reporting findings in the field. George Mariani states that this is the opportune time to identify potential vernal pools and suggests that they go out there in the next week or two. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 4 of 12 Kirby asks how soon the Commission would like the information. Lang states that there is no particular deadline just as long as there is enough evidence collected to make informed decisions. Kirby asks that Libby Wallis be present while he reviews the wetland line. Ogren states that can be arranged. Reilly states that they should follow the criteria for vernal pools set by the Commission's Regulations. The respective consultants schedule a tentative date of March 21 8t to conduct the first field investigation. Maxner states that she would like to be present for that meeting. John Soursourian states that he would also. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to April 29, 2008. Hayes seconds the motion. The motion carries 7-0. Cont: 480-486 Rantoul Street - Construct Parkin2 Lot - Force Realty, LLC Peter Ogren addresses the Commission and explains that there needs to be language to govern how the buffer zone might be treated for the abutter and also noted that the plan is not acceptable to the abutter. He states that discussions this evening with the abutter and her attorney has resulted in the following changes to the plan: 1. The proposed grading just east of the wetland shall be revised to mimic pre- existing conditions with the addition of a swale to insure that stormwater runoff is directed to the wetland and not onto the abutter's property at 478 Rantoul Street; 2. The elevation of the outlet pipe leading from the wetland to the site drainage system shall be lowered to insure that the wetland drains and no over flow or overtopping of stormwater occurs on the abutter's property at 478 Rantoul Street. Squibb states that he has been down there after significant rain and there was no over flow to the abutter's property and suspects that there is a topographical divide that indeed makes this an isolated wetland. Ogren goes on to explain that the replication has been moved onto the applicant's property and will not create any new resource or buffer on the Scialdone's property. Attorney Matthew Watsky representing the Scialdone's addresses the Commission and states that his client is satisfied with these plans. Mrs. Scialdone addresses the Commission and states that she wants the original wetland back to its original configuration and does not want the replication to encumber her property. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 5 of 12 Maxner notes that there will be no new buffer zone on the Scialdone property. She also notes that Bill Manuell has submitted his presentation that he made at the previous meeting in written format for the file. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 7-0. 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 Hayes recuses himself from this discussion and leaves the room. Brian Butler, Oxbow Associates, introduces Carl Dumas. Butler provides a brief recap of the project explains the location of the replication areas as discussed at the site inspection. He also notes that they have repositioned the house slightly. Butler reviews the impact calculations and provides a chart of percentages for the Commission members to review. He states that there is a small impact to the vernal pool habitat relative to the site size and overall impact. Johnson states that there very well may be a small impact, however it is within the most sensitive part of the site and most vulnerable and critical resource area will be negatively impacted. Cademartori asks for the total wetland acreage, as these percentages are askew without this information. Butler states that wetlands constitute approximately 40% of the entire site locus. He states that they are willing to acknowledge vernal pool function at the rear of the property and are willing to investigate this area in the spring. Maxner notes that there is an administrative difficulty in that the bare minimum of the Commission is eligible to vote on this application due to malfunction of her tape recorder. She suspects that with a probable spring vernal pool investigation and multiple continuances, there is a high likelihood that the eligible members may miss meetings and become ineligible. She has explained this to both Butler and Dumas, and from an administrative point of view it is risky to proceed with a bare minimum quorum. She has asked if the applicant would be willing to re-open the hearing so as to have the full Commission eligible to vote on this. Butler states that they would be agreeable to that. Maxner suggests that the hearing be reopened on April 29, 2008. Reilly suggests that she would like to have an independent consultant look at this plan. Lang notes that DeRosa did the original delineation and he is comfortable with that and is not sure there is a need for a peer review. Butler states that the applicant is considering a possible Conservation Restriction for a rear portion of the property. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 6 of 12 There being no further questions or comments regarding this matter, Johnson moves to continue and re-open the public hearing to the April 29, 2008 meeting. Paluzzi seconds the motion. The motion carries 6-0. Hayes returns to the meeting. Cont: 53H Trask Street - Construct Sin2le Family House - William Bates Maxner informs the Commission that the applicant has requested that the matter be continued to April 1, 2008. There being no further questions or comments regarding this matter, Paluzzi moves to continue the hearing. Johnson seconds the motion. The motion carries 7-0. Cont: 5 & 9 Otis Road - Construct a Contractor Stora2e Buildin2 - Red2ate Realty, Inc. David Lang recuses himself from this discussion and leaves the room. Paluzzi assumes the Chair at this time. Maxner reads the Certificate of Evidence Review in this matter for Reilly and Hayes and notes that they have reviewed the tape of the last meeting and are eligible to participate in this matter. Bob Griffin addresses the Commission, and introduces Bill Manuell of Wetlands & Land Management, Jeff Lawler and Norman Lavoie of Redgate Realty, and notes that a site visit was held on March 8, 2008 and as a result of that site visit, changes have been made to the plan. He notes that they changed the layout in the replication area slightly and they will restore and enhance the walking path to the east of the wetland in the buffer. He also notes that the plans show a cross section of the retaining wall. He explains that to bring the site into storm water management compliance they have made some changes. He explains the drainage system and the catch basins. Cademartori asks if a storm like the recent rain event would be handled as there was standing water at the site inspection and he suspects the stormseptor will be surcharged, he asks what storm event is this designed for. Griffin explains that it is designed for retention and he would have to check on how large an event it can handle, but notes that there is infiltration systems in the upper chain of treatment. Reilly asks if they looked into any options for LID in stormwater management. Griffin notes that they are cramped for space and the underground infiltration system is the best they could do in that regard. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 7 of 12 Hayes states that he is not in favor of the replication of the original wetland, which is right at the edge of a high traffic parking lot with little to no buffer zone. He believes that the scope of disturbance to the wetland and the buffer is too great, and suggests that they reduce the size of the building to reduce the impact. Griffin states that they looked at that but it was difficult trying to accommodate the project on the small site, but notes that virtually every area of resource and buffer is receiving enhancement. Hayes states that it bothers him that it is a wetland that has been degraded in the past becomes replication for project permitting in the present. He suggests that they should start with restoring the wetland and shrink the size of the development. Griffin notes that the debris has been in the area for many years noting the access road to the city dump and notes that his clients are willing to restore the degraded conditions that they did not create. Reilly asks if there is a way to make the building taller to reduce the footprint. Griffin explains that the nature of the building requires direct truck access to the bays and building up is not an option. Squibb asks if the building could be rotated 90 degrees. Griffin states that there would be zoning issues with that. Hayes notes that he is not willing to concede the 25-Foot No Disturb Zone without the applicant asking for a variance from the ZBA first, he does not believe the Commission's setback should always be the one that is sacrifced. Griffin states that they are open to modifying the plan but needs specific feedback from the Commission. Reilly states that she does not feel that the building should be that big and it needs to be reduced to remove impact to the wetland. Paluzzi states that the building should be shorter and if zoning setbacks need to be waived, the applicant should investigate that. Hayes agrees stating that zoning relief should be sought first and in the meantime the wetland enhancement and replication should be reconsidered. Squibb asks for clarification as to the use of the parking area at Cycles 128. Griffin states that it is used for motorcycle and cross bike training. Squibb states he is also uncomfortable with this type of use immediately adjacent to the wetland with no natural buffer zone to attenuate pollutants that will come from that parking lot. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 8 of 12 Paluzzi opens the hearing up for public comment at this time. Joan Murphy addresses the Commission and expresses her concern about the size of the building being too big for the area. Griffin states that they will take another look at the location of the building and thanks the Commission for the feedback. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to April 1, 2008. Hayes seconds the motion. The motion carries 6-0. Lang returns to the meeting at this time. New: 94 Preston Place - DEP File #5-976 - Construction of Three Small Additions to Existin2 Home - Michael Hardiman Maxner reads the legal notice. Tom Keough, Hancock Associates, addresses the Commission and explains that the plans have been revised due to the location of the septic system to comply with the Board of Health regulations and provides revised plans. He explains the location of the existing dwelling on the site and states that there will be an addition to the basement out the back with associated decks. He notes that the gutters from the new additions will tie into the existing gutters. He also notes that there will be no disturbance in the driveway nor will there be any activity in the 25-Foot No Disturbance Zone other than removal of the historic yard waste by hand. Keough notes that there will be minor adjustments to the brick walkway and the work will be done outside of the buffer zone. Maxner states that she has been to the site and it is fairly straightforward project. She notes that the removal of the debris will be a big improvement and the natural vegetation will come back which consists of sensitive and cinnamon fern. Cademartori asks where the construction access will be. Keough states that it will all be done through the driveway. 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, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 7-0. Abbreviated Notice of Resource Area Delineation Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 9 of 12 New: 33,36, and 37 Beaver Pond Road - Map 83 - Lots 3A, 3B, and 3C - Delineate Wetland Resources - Gwenn Evitts Maxner reads legal notice. Carmen Frattarolli addresses the Commission and notes that Mary Rimmer, Rimmer Environmental Consulting, performed the original flagging of the site which includes Bordering Vegetated Wetland to the Bank of Beaver Pond. He explains that this application is part of his client's application to the Planning Board OSRD process and an ANRAD is required as part of the initial review. He states the he assumes the Commission will wish to conduct a site inspection and states that Mary Rimmer will be available for the site visit to answer any questions. Lang suggests that the Commission visit the site on March 29, 2008 at 8:30 a.m. Members agree. Cademartori asks if the existing Conservation restriction is recorded. Frattarolli states that it is and briefly explains the history of the Restriction. Maxner reminds members that the Commission holds the Restriction and she has a copy of the recorded language and the plan if they would like to review it. Lang opens the hearing up for public comment at this time. Simon Haight of 3 8 Beaver Pond Road states that he is concerned that there is a potential vernal pool on lot 4, which is visible from the road and explains its location on the plan. Members agree to inspect this area while on site. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to April 1, 2008, pending a site visit on March 29, 2008. Hayes seconds the motion. The motion carries 7-0. Old/N ew Business Cont: 29 Hathaway Avenue - Enforcement Order - R02er Tremblay Roger Tremblay addresses the Commission and explains the revised plans. She explains that they would like to gradually tier the wall and remove the last 64 feet of the wall and gently re-grade this area. He states the Commission should have a plan showing this and the proposed planting plan. Lang asks when they could complete this work. Tremblay estimated that they could do it in the next week or so, noting that he feels that it could be done by the next meeting on April 1, 2008, with the exception of the plantings because of the weather and frost. Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 10 of 12 Lang asks if they still plan for a privacy fence around the pool. Tremblay stated that they are with a changing room near the pool in the future. Squibb asks if they are removing the old foundation in the rear of the pool. Tremblay states that they will be removing it and putting up a fence. He notes that he will be installing a small stone tiered wall with plantings and flowers and grass. Maxner states that they will need to get the mitigation work for the violation done first and they will have to do a filing for the rest of the pool work. There being no further questions or comments regarding this matter, Paluzzi moves to approve the mitigation plan for 29 Hathaway Avenue. Johnson seconds the motion. The motion carries 7-0. Paluzzi moves to amend the Enforcement Order for 29 Hathaway Avenue to extend the deadline for the work to be completed to May 30,2008. Lang adds that no work on the pool should recommence until Maxner can verify installation of the plantings. Johnson seconds the motion. The motion carries 7-0. Lang informs Tremblay that the Commission will expect a full Notice ofIntent for the pool and related site work. Tremblay hopes to submit that in April or May. Discussion 1 Comments on Proposed Amendments to the Open Space and Recreation Desi2n Ordinance (OSRD) Cademartori notes that these very significant changes proposed are born out of a consultant memo from 2006 and he is perplexed that the Planning Board's recommendations don't mirror that of their own consultant in some instances. He notes that there are some aspects of these changes that should be carefully considered. He questions the reduction of the buffer setbacks around primary conservation areas as well as the thresholds for acreage that would trigger the Ordinance. Hayes notes that it calls for a reduction from 100 feet to 25 feet. He notes that for a conservation area we would want at least 50 feet, but maintaining the current 100 feet makes most sense as it takes many individual lot developments out of the Commission's jurisdiction and stormwater management and wildlife habitat are better protected with the Buffer Zone is left untouched. Discussion ensues regarding the Commission's primary position with regard to the changes. Lang suggests that the buffer zones around the primary conservation areas and the acreage thresholds seem to the most problematic and the Commission's letter should focus on these points. Members agree. Maxner notes that there could be a problem with the language regarding vernal pools as there is a 100-Foot No Disturbance Zone for this type of wetland and the OSRD should at Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 11 of 12 the very least be consistent with the Commission's regulations. Cademartori suggests that a few of the Commissioners should work on a comment letter to distill this discussion and forward for all members to review and approve. Maxner states that the letter should be addressed to both the Planning Board and the City Council. Hayes agrees to assist Cademartori in crafting the letter. Orders of Conditions 94 Preston Place Lang suggests Standard Conditions. Maxner suggests that they should remove the yard waste before they start any other work. Members agree to adopt that as a Special Condition. There being no further questions or comments regarding this matter, Paluzzi moves to issue standard conditions and the special conditions as reviewed. Hayes seconds the motion. The motion carries 7-0. 480-486 Rantoul Street Discussion ensues regarding the wetland and overall site conditions and project impacts. Lang suggests standard conditions. The Commission reviews special conditions for the project as follows: 1. Prior to construction within the Commission's jurisdiction, a revised plan shall be submitted depicting revisions as detailed at the March 11, 2008 meeting relative to grading at the 478 Rantoul Street property line and the elevation of the outlet drain leaving the wetland. These revisions, as accepted by the Commission at the March 11th meeting include: 1) The proposed grading just east of the wetland shall be revised to mimic pre-existing conditions with the addition of a swale to insure that stormwater runoff is directed to the wetland and not onto the abutter's property at 478 Rantoul Street; 2) The elevation of the outlet pipe leading from the wetland to the site drainage system shall be lowered to insure that the wetland drains and no over flow or overtopping of stormwater occurs on the abutter's property at 478 Rantoul Street. 2. The wetland replication area shall be constructed and completed no later than June 30, 2008 and an as-built of the wetland replication area shall be submitted to the Commission no later than July 30, 2008. There being no further questions or comments regarding this matter, Paluzzi moves to issue standard conditions and the special conditions as reviewed. Reilly seconds the motion. The motion carries 4-0-3 (Cademartori, Hayes and Lang abstain) Approval of Expenses Beverly Conservation Commission March 11, 2008 Meeting Minutes Page 12 of 12 Maxner presented the following expenses for approval: $90.00 to Mary Reilly for reimbursement for attendance at the MACC Workshop $90.00 to Dr. Johnson for reimbursement for attendance at the MACC Workshop Cademartori moved approval of the expenses. Paluzzi seconds the motion. The motion carries 5-0-2 (Reilly & Johnson abstain). Maxner presented an invoice for mileage for the period of July - February in the amount of$122.60. Paluzzi moved approval of the mileage for Maxner. Hayes seconds the motion. The motion carries 7-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on November 13, 2007 were presented for approval. Johnson moves to approve the minutes form November 13, 2007 as amended. Paluzzi seconds the motion. The motion carries 6-0-l. Lang abstains. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 7-0. The meeting adjourns at 10: 10 p. m.