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2008-04-01 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present April 1, 2008 Conservation Commission Dr. Mayo Johnson, Gregg Cademartori Ian Hayes, Tony Paluzzi, and Bill Squibb Members Absent: David Lang, Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificate of Compliance New: 13 Cherry Street - DEP File #5-813 - Aimee Parisella & Richard Bernard Aimee Parisella and Ralph Parisella are present at the meeting. Maxner informs the Commission that this Order governed the construction of an addition, patio, stone retaining wall, two storage sheds, driveway expansion, wetland restoration plantings and site grading in the Buffer Zone to BVW and Riverfront Area. She notes that the entire parcel is in the riverfront area and approximatelyl,603 s.f. of alteration was proposed and stormwater runoff from the driveway expansion was to be addressed through a 3' by 3' geotextile lined gravel drip trench to be constructed along the driveway. The proposed 11' by 9' addition is set within the new patio, which consists of patio block pavers. Some grading was necessary for the patio, as well as that proposed to level out the side yard, as a result a stone retaining wall is proposed which helped to demarcate the wetland restoration planting area. The wetland restoration plan was proposed to mitigate for the area ofBVW that was mowed as lawn, and it includes a mixture of shrubs, herbaceous and wetland seed mix. Maxner notes that she was not able to visit the site before this meeting and suggests that the Commission may want to take a closer look at this. She also notes that changes to the approved plans as noted by the engineer which includes incursion of the retaining wall into the wetland. Paluzzi states that he thinks a site visit should be held since this was one of the first projects the Commission approved under the regulations that got a waiver. Beverly Conservation Commission April], 2008 Meeting Minutes Page 2 017 Hayes suggested that Maxner visit the site before the next meeting and report her findings at the next meeting and if she still feels it necessary to visit the site, the Commission can chose to do so. Cademartori noted that there are tree wells and rocks up against the bank of the brook. Ralph Parisella explains that Mike DeRosa recommended them because of erosion. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to April 29, 2008. Hayes seconds the motion. The motion carries 5- O. ReQuest for Determination of Applicabilitv Cont: Temple B'Nai Abraham - Install Drain Pipe. Drvwell and Rain Garden and Build Bluestone patio - Rabbi Steven J. Rubenstein Marty Greenstein and Charles Noss address the Commission and Greenstein explains that the site visit the Commission recommended some changes to the plan, and presents the revised plan. He noted that the drainage pipe leading from the roof has been added and the rain garden was moved to the discharge point which is out of the NDZ and explains the location on the plan. He also notes that Ben Garry, Landscape Architect, has modified the plan to include the approximate wetland line and the associated 25' NDZ. Hayes states that this plan is much more descriptive. There being no further questions or comments regarding this matter, Johnson moves to issue a positive Determination #2B and a Negative #3. Hayes seconds the motion. The motion carries 5-0. Maxner noted that the determination means that the Commission acknowledges the project is in the buffer zone but it will have no impact and that the exact wetland line has not been determined, but that an approximate line is sufficient to permit this project. She also explains to the applicants that this plan is exactly what the Commission expects to be built in the field and if they change the project they must contact her so that she can determine if the change needs additional Commission review. Greenstein and Noss agree but expect no changes to be made at this point. Johnson moves that the Commission recess for public hearings at this time. Hayes seconds the motion. The motion carries 5-0. Amendment to Order of Conditions Cont. 76 Paine Avenue - DEP File # 5-867 - John Swansbun!: Beverly Conservation Commission April], 2008 Meeting Minutes Page 3 017 Maxner informs the Commission that the applicant has withdrawn this application. She also noted that the applicant's consultant indicated that they will be submitting a new Notice of Intent for the tennis court, compensatory flood storage and associated landscaping shortly. Cont: 235 Dod2e Street - DEP File # 5-970 - Repair Norwood Pond Dam - City of Beverly Maxner informed the Commission that Mike Collins, DPW Director, has requested that the matter be continued to the next meeting of the Commission on April 29, 2008. Johnson moves to continue the public hearing. Hayes seconds the motion. The motion carries5-0. Cont: 105-107 Preston Place/Pole Swamp Lane - DEP File # 5-971- John Soursourian Maxner informs the Commission that the applicant has requested that the matter be continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing. Hayes seconds the motion. The motion carries 5-0. Cont: 90 & 92 Boyles Street - DEP File #5-972 - Carl Dumas Maxner informs the Commission that the applicant has requested that the matter be continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing. Hayes seconds the motion. The motion carries 5-0. Cont: 53H Trask Street - DEP File #5-975 - William Bates Bill Manuell addresses the Commission and stated that he would like input from the Commission on how to proceed with this project before the applicant spends additional money on engineering. He noted that at the site walk Mr. Lang suggested that they could reduce the size of the replication area to 1-1 in exchange for preserving the beech trees. Manuell noted that there are concerns by the neighbors of downstream flooding and suggested that they provide additional flood storage. He explained that they looked at trying to intercept the stream and pond and grab the flow and direct it to the replication area. He explains the location on the plans. He also noted that they would create a small depression and make this area deeper for flood storage. He also explains that they tightened up the driveway and the proposed infiltration trench on the side of the driveway to avoid direct runoff into the wetland. Johnson noted that the neighbors' concerns about the lot behind this one and questioned if this plan would make that flooding situation worse. Manuell said that it would not make it worse but hopefully provide additional storage and residence time for runoff. Beverly Conservation Commission April], 2008 Meeting Minutes Page 4017 Paluzzi asks if this additional volume would change the rate of flow in the stream. Manuell states that to a very small degree it may but there seems to be great potential benefit for upstream retention with this design. Squibb questions where the street water currently flows. Manuell notes that there are street drains on both sides of the street. He explains the direction of the flow on the plan. Cademartori noted that there are two members absent this evening that may have different opinions on this and he would like to have their input especially since Dave Lang has provided such specific feedback on the replication area. Hayes noted that the regulations as written do not address the reduction of the replication area that they are requesting. Manuell noted that Mr. Bates could build the same size home down in the corner of the property and meet the requirements to do so, but they would take down more trees to do so and it will not help out the neighbors and he thinks there are better ways to develop this site that could reduce the amount of forested upland to be removed. Cademartori questioned the zoning setbacks and if they are proposing to fill the resource area why they are not building closer to the street. Manuell stated that the house is situated on the best spot on the lot. He stated that they can develop the site to comply with the regulations but they feel that there is a better way to do it. Hayes noted that the whole purpose of the regulations is to avoid replication if at all possible and this request is not compliant with the first waiver criteria. Manuell stated that Mr. Bates has an acre and half and is trying to build something that compliments the neighborhood. He further notes that they have talked with the neighbors and they are trying to work with them to address their concerns regarding noise and flooding. Hayes asked why they are limiting the replication to 1-1. Manuell explains that they could make it 2-1 but they would have to cut several large trees. Hayes noted that part of the reason the replication is required at 2-1 is to make it less desirable and he feels that for the Commission to grant an exception there has to be a really good reason to do so. Hayes states that he will need to visit the site before the next meeting and take a look at it. Manual notes that the present state the IVW is a detriment to water quality as it is filled with trash and explained the condition of the site and locations on the plan. Paluzzi suggests that the hearing be continued to April 29, 2008 and that the Commission should visit the site again. Cademartori agrees as he only visited the site on his own but would like to hear feedback from other members while observing site conditions. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Beverly Conservation Commission April], 2008 Meeting Minutes Page 5 017 There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to April 29, 2008 pending a site visit on April 19, 2008 at 8:30 a.m. Hayes seconds the motion. The motion carries 5-0. 5 & 9 Otis Road - Construct a Contractor Stora2e Facility - Red2ate Realty Inc. Maxner informs the Commission that the applicant has requested that the matter be continued to the April 29, 2008 meeting. Johnson moves to continue the public hearing. Hayes seconds the motion. The motion carries 5-0. New: 44 River Street - (Map 4. Lot 57) - Install a Gravel Infiltration Trench - National Grid Maxner reads legal notice. Andrea Desilets addresses the Commission and explains that they are proposing to install a gravel infiltration trench and enhancement plantings within the Buffer Zone & 25-Foot No Disturbance Zone to Coastal Bank, LSCSF, and Riverfront Area of the Bass River. She notes that the site has historically been disturbed and explains the plans. She notes that pooled rain and melted snow pools into the garage and freezes and poses a hazard to personell. Desilets explains that they are proposing to re-establish vegetation at the top of the bank upon completion of the project. She also notes that they will install staked hay bales during work and replace the fence when finished. She notes that there will be temporary disturbance in the riverfront area but there will no change in the elevation of the land subject to coastal storm flowage. Paluzzi asks how long the work will take. Desilets estimates that the work will take 2-3 week from start to finish. Paluzzi asks if they will be stockpiling any material on the site. Desilets states that they will most likely be stockpiling material on the site but it will be outside of the buffer zone. Maxner asks if they did any soil testing on the site. Desilets states that they have fairly good idea of what areas of the site are contaminated and it will be removed from the site and disposed of properly. Cademartori asks if they will be bringing any soil to the site to replace what is removed and amend the soil for plant propagation. Desilets states that she does not feel they will have to do that, noting that they could reuse off what is there. Discussion ensues regarding the existing plant community and the proposed planting plan. Beverly Conservation Commission April], 2008 Meeting Minutes Page 6017 Squibb questions the direction of the roof runoff. Desilets states that it goes to the back of the garage. Squibb also notes that he is concerned about the soils on the other side of the garage. Cademartori suggests the Commission wait to approve this until such time as DEP has commented. Hayes states that he feels that this is a beneficial project and it seems pretty straight forward and the Commission could place a condition that requires the applicant to come back ifDEP comments need to be addressed. Squibb asks if there are any residential abutters. Desilets states that there are residential abutters and locates the area of Webber Street. Hayes suggests that the Commission approve this pending favorable comments from DEP. Paluzzi opens the hearing up for public comment at this time. Rene Mary addresses the Commission and asks if there are vernal pools on the site. Desilets stated that there are no vernal pools on the site. There being no further questions of comments regarding this matter, Hayes moves to close the public hearing. Johnson seconds the motion. The motion carries 5-0. Cont: 33, 36 & 37 Beaver Pond Road, DEP File #5-??? - Gwen Evitts Carmen Fratarolli, attorney for the applicant, states that the Commission conducted a site inspection and he is not aware of any changes to the plan requested by the Commission but is happy to answer any questions. Hayes states that he believes the line to be fairly straightforward and believes it to be accurately delineated. Paluzzi opens the hearing to public comment. No one present wished to comment. There being no further questions or comments regarding this matter Hayes moves to close the hearing. Johnson seconds the motion. Motion carries 5-0. Orders of Conditions 44 River Street - (Map 4. Lot 57) - Install a Gravel Infiltration Trench - National Grid Hayes suggests standard conditions. Beverly Conservation Commission April], 2008 Meeting Minutes Page 7017 With the following special conditions: 1. The Conservation Commission reserves the right to re-open the public hearing should final comments from DEP warrant or require the examination of additional information or plan revisions. 2. Rugosa Rose shall be eliminated from the proposed planting plan and replaced with a native substitute. 3. Prior to work commencing on site, an actual planting plan showing locations of proposed plants at a ratio of 1: 1 (removal:replacement) rate shall be submitted to the Conservation Administrator for review and approval. 4. The top 6 inches of soil within the enhancement planting area shall be amended to ensure optimal conditions for plant propogation. Hayes moves to approve the Order of Conditions for 44 River Street. Johnson seconds the motion. The motion carries. Approval of Minutes The minutes of the Conservation Commission meeting held on January 8,2008 were presented for approval. The matter was tabled until the meeting on April 29, 2008, as there was no quorum to vote on this set of minutes. Old / New Business 25 Trask Street Maxner reported that the Commission she has issued a letter regarding the condition of the property at 25 Trask Street. She notes that the neighbors are having trouble selling their property because of this site, which is a dumping ground for numerous types of materials. She notes that the Health Department has had issues with this site as well and have been working to gain compliance from the owner for years. Hayes suggests that the Commission issue an Enforcement Order so they we have the ability to impose fines, but noted that if the Health Department has not had success he did not expect to get far with this. Cademartori suggests that there should be an inter- municipal effort of city departments that have concerns about this site to see what can be done. Maxner asks if the Commission could schedule a site inspection and suggests that Saturday April 19th may work as it is right around the corner from 53H Trask. Members agree to visit the site at approximately 9: 15 a. m. Adjournment 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 5-0. The meeting adjourns at 8:30 p.m.