Loading...
2008-05-13 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present May 13, 2008 Conservation Commission Mary Reilly, Dr. Mayo Johnson, Ian Hayes, and Bill Squibb Members Absent: David Lang, Tony Paluzzi, and Gregg Cademartori Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Hayes calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. Certificate of Compliance Cont: 13 Cherry Street - DEP File #5-813 - Aimee Parisella & Richard Bernard Maxner informs the Commission that at the last meeting the Commission requested that the applicant confer with her wetlands specialist to review the remaining work to be done on the site. She notes that she looked at the site and the planting is not complete. She notes that the applicant is here this evening with an amended planting plan prepared by her wetlands specialist. Maxner notes that the existing plantings are doing very well and reviews the new report. She explains the new plan proposes 8 fewer plants than originally proposed. The report notes that the boulders along the stream edge are not adversely affecting the channel and may provide additional bank habitat and no additional alterations are recommended. Ms. Parisella addresses the Commission and explains that if the Commission approves this plan they would like to get the work done before the Order of Conditions expires in July. Maxner explains that the Order of Conditions expires July 25,2008 and there is a Commission meeting on July 15, 2008 and if the work is completed by then a Certificate of Compliance could be issued at that time. There being no further questions or comments regarding this matter, Johnson moves to approve the revised planting plan and continue the matter to July 15, 2008. Hayes seconds the motion. The motion carries 4-0. Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 2 of8 Johnson moves to recess for public hearings at this time. Squibb seconds the motion. The motion carries 4-0. Notice of Intent Cont: behind 235 Dod2e Street. DEP File #5-970 - repair Norwood Pond Dam -City of Beverly Maxner informs the Commission that Mike Collins has requested that the matter be continued until the June 10,2008 meeting. Johnson moves to continue the public hearing. Reilly seconds the motion. The motion carries 4-0. Cont: 105-107 Preston Place. DEP File #5-971- improvements to existin2 way known as Pole Swamp Lane - John Soursourian John Soursourian, applicant, Chris Sparages of Hayes Engineering and Rich Kirby of LEC are present at the meeting. Chris Sparages addresses the Commission and explains that a Notice ofIntent was filed for roadway improvements for which an ANR will be submitted to the Planning Board for a total of 4 lots. . He notes that Manchester By the Sea has granted an Order of Conditions although most of the work will be done in Beverly there is a small portion of the site in Manchester By the Sea. He provides a revised plan addressing Kirby's comment letter. Maxner introduces Rich Kirby ofLEC, the Commission's independent peer review consultant and asks Kirby to present his findings. Kirby states that he addressed the NOI as a whole, and explains his findings on the following elements of the project: . Asite inspection was conducted with Maxner, the applicant and his consultants at which he reviewed the wetland line with which he agreed and no flags were moved. . The stream on site is shown as perennial on the USGS map, and notes that additional fees are required for work in the Riverfront. He states that the MAHW line has not been called out on the plan, it is fairly obvious on the northerly section, but along the southerly section of the stream where the floodplain broadens out needs to be delineated. . Vernal Pool habitat was investigated, and there were two areas that had significant water column but after a second site inspection the area within wetland Flag #' s????? remained viable, and although egg masses were not observed the applicant has agreed to operate on the assumption that it is a vernal pool. He further suggests that the limit of lawn be called out on the plan as most of the area around the pool is good forested habitat, but the hammerhead is within Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 30f8 the No Disturb Zone and suggests that it be moved or a waiver be requested and possible mitigation be offered for the incursion and that permanent markers be installed per the Beverly Regulations. . Stormwater management for the new impervious surface needs to be addressed as it is a clear requirement per the Beverly Regulations, and perhaps supporting calculations should be provided to ensure that the drainage swale can treat the runoff which only seems to address half of the roadway runoff, and suggests that the design be in the spirit of the new Stormwater Regulations. Discussion ensues regarding clarification as to the Beverly Regulations and required stormwater manangement. Members agree that additional drainage calculations are needed and proposed treatment structures designed to ensure the MA DEP Policy standards are being met. Sparages reviews the flow of the water and reviews the plan noting that they have directed the pavement runoff away from the vernal pool. He explains that they are proposing a series of water quality swales and explains the location of them on the plan. Reilly states that she would like to see them pull the turnaround out of the NDZ. Hayes agrees and states that he would like to see them move it noting that the Commission tends to be less flexible regarding vernal pools. He suggests that they should move it out somewhat and propose mitigation such as habitat enhancement. Maxner states that erosion control should be included in the plans to demarcate the limit of work area. Discussion ensues regarding the status of the stream, regulatory definitions and protocol for conducting observations. Kirby explains that the regulations are clear that the stream must be flowing and recommends that a flow test be done that involves disturbing the sediment and watching for unidirectional movement which would indicate flow. He also suggests that documentation be made by uninterrupted video that establishes the date of observations by daily news paper, statement of purpose of site visit and attendees and starting observations about 200 feet down stream and end 200 feet upstream from the project site. Reilly agrees this approach makes sense but would prefer that Maxner or a member of the Commission be in attendance during observations. Members agree. Hayes suggests that they follow the protocol just outlined by Rich Kirby and suggested and that they give Maxner a couple of days notice before they propose to go out to the site. Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 40f8 Squibb asks if Manchester By the Sea issued a favorable decision. Maxner explains that they did and notes that she has a copy of it. Hayes suggests that they prepare some revisions for the next meeting and include moving the turnaround out of the NDZ, 1-1 mitigation if necessary, more accurate delineation of the MHW line and documentation and treatment design on stormwater manangement. A discussion was held on the fee schedule and Maxner explains that the fees are non refundable and are based on knowledge of the resource areas on site at the time of application. Soursourian states he will deliver the additional fee checks this week to Maxner's office. Hayes 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 continue the public hearing to June 10,2008. Reilly seconds the motion. The motion carries 4-0. Cont: 53H Trask Street. DEP File #5-975 - construct sin2le-family house - William Bates Maxner informs the Commission that the applicant has requested that the matter be continued until the June 10,2008 meeting. Johnson moves to continue the public hearing. Reilly seconds the motion. The motion carries 4-0. Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 Maxner informs the Commission that the applicant has requested that the matter be continued until the June 10,2008 meeting. Johnson moves to continue the public hearing. Reilly seconds the motion. The motion carries 4-0. Cont: 90 & 92 Boyles Street (Map 45 Lot 2 & Map 45 Lot 50). DEP File #5-974 & #5-972 - construct sin2le-family homes and wetland crossin2 for common access driveway - Carl Dumas Maxner informs the Commission that the applicant has requested that the matter be continued until the June 24, 2008 meeting. Johnson moves to continue both the public hearings.. Reilly seconds the motion. The motion carries 4-0. Cont: 3 Melvin Avenue. DEP File #5-982 - buildin2 addition - Paul & Catherine Gareri Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 50f8 Maxner informs the Commission that the applicant has requested that the matter be continued until the June 24,2008 meeting of the Conservation Commission. Johnson moves to continue the public hearing. Reilly seconds the motion. The motion carries 4- O. New: 129 Brimbal Avenue- remove under2round stora2e tanks-William LeClerc Maxner reads legal notice. Gretchen Fodor, EnviroLogic, representing the owner addresses the Commission and explains that they are proposing to remove 5 existing underground storage tanks within the 100 foot Buffer to IVW or BVW. She explains the history of the site and reviews the plan. She notes that site has been a gas station for 40 years. Fodor notes that the work is part of a P&S for the site and the new owner will be replacing the tanks at some point. She also notes that they will be taking measures to protect the wetland by installing a silt fence and hay bales. She also notes that any impacted soils will be piled towards the street side of the site on plastic tarps and will be covered. Fodor notes the storm drains on the site and states that the impacted soils will be removed offsite, so that there will be no problems with the storm drains. She states that she expects the work to take about a week. Reilly asks how they will determine if the soils are impacted. Fodor explains that PID will be used and explains the process noting that it is standard in Massachusetts EP A and DEP. She explains that a Phase 1 Assessment was done and ground water was collected and there was no elevated levels detected. She explains that they found the highest MTBE to be below the standard. Hayes asks what the ratio of soil replacement will be. Fodor explains that it will be 1-1. Reilly asks when they will be installing the new tanks. Fodor explains that the new owner will install the new tanks at a later time. Maxner notes that she advised them to do both the removal and the installation in the same filing. Squibb questions the time span between the removal and the installation of the new tanks. Abdulkarim Alhafez, owner, states that he is negotiating that now and explains that it takes two months to order the tanks and they could take 2-3 months to arrive. He also notes that all work has been done in accordance with state fire marshal closure regulations. Hayes opens the hearing up for public comment at this time. Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 60f8 Joan Murphy, 36 Longmeadow Road, addresses the Commission and expresses her concerns about the trucking of contaminated material on city streets. Fodor explains that all care will be taken by the trucking companies hauling material on and off the site as there are State regulations that dictate how that is carried out. Maxner asks if an LSP will be onsite. Fodor states that there is no requirement but she will be onsite to oversee the work and will respond to problems if any arise and also noted that field personnel will notify them of reportable issues. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Reilly seconds the motion. The motion carries 4-0. Maxner informs the applicant that the Order of Conditions will be issued in 21 days. Old/N ew Business New: 208 Hart Street. DEP File #5-923 - ReQuest for Minor Modification - Michael DiGuiseppe Maxner explains that the Order governed the construction of an addition and porch at the rear of the dwelling within the buffer to a former BVW that was made into a pond. As part of that NOI the applicant was required to submit an analysis for the conversion of BVW to pond and a pond enhancement-planting plan. The Commission issued the following special conditions to the project: 1. In addition to the proposed plantings detailed in the Pond Enhancement Plan, at least five (5) trees shall be planted on 10- foot centers within the south-east quadrant of the pond's edge, and shall consist of a mixture of the following native, conservation-grade species (with at least one conifer included in the mixture) : '" Northern Red Oak - Quercus rubra '" Red Maple - Acer rubrum '" White Pine - Pinus strobus '" Eastern Hemlock - Tsuga Canadensis 2. Installation of all enhancement plantings shall be completed no later than October 1, 2006. (this was modified to June 1, 2007) 3. A qualified wetland scientist shall monitor the enhancement plantings at least once a year for two years after plantings are installed and submit monitoring reports to the Commission for review. At least 75 % survivorship of plant material shall be achieved, and if this survivorship is not met the applicant must propose and implement corrective steps to be approved by the Commission. 4. No fish of any kind shall be introduced into the pond. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Maxner notes that the plants have been installed, however no monitoring has been done. Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 70f8 She also notes that most of the other work on the site has been done but the site condition of the rear of the property between the addition and the pond still has exposed soil. Mr. DiGuiseppe explains that he would like to build a patio out back and explains the location and has done measurements as asked by Maxner to make sure it is out of the 25' NDZ. Hayes asks if they will be using bluestone or pervious material. DiGuiseppe explains that it will be laid in stone dust, and it will be a pervious patio. Hayes notes that the Commission issued a condition requiring a wetlands scientist to be present to monitor the plantings. DiGuiseppe states that he has contacted NECS Environmental and they should be coming out next week to monitor the plants. He explains that the initial plantings were done early in the season. Maxner notes that they have asked to modify the date established for the plantings. She also notes that on the southern edge of the pond they planted hemlock, red maple and winterberry and it is doing very well. There being no further questions or comments regarding this matter, Johnson moves to approve the minor modification for 208 Hart Street. Reilly seconds the motion. The motion carries 4-0. Landmark School. DEP File # 5-909 - Athletic Complex Maxner notes that the report from the Landmark School has been received detailing their activities to date relative to water quality enhancement for the pond. Hayes states that he read the report and questions why they only raked out a 1J4 of the pond, noting that the report did not say why they did not complete the entire pond. He notes the plan presented at the time of approval included a number of pond enhancement activities as well as incorporation of the pond's monitoring and improvement into the school's academic program. Maxner will follow up on the report with Bill Manuell and inquire about the raking. 21 Short Meadow Road - Alfred Villa2racia Maxner explains that Joan Murphy alerted her that there was excavation occurring at this address and she went out there and talked to the owner. She reports that the property had severe flooding in the basement and the garage and is eligible for FEMA reimbursement. She further explains that FEMA recommended a French drain and berm and the French drain was installed. Maxner notes that she explained to the owners that they have to file with the Commission and explained that to the landscape architect as well. She reports that they will be in at a June 10th meeting to address this. Squibb suggests that Maxner write a letter to the owner indicating the Commission's expectation that an RDA will be Beverly Conservation Commission Meeting Minutes - May 13, 2008 Page 80f8 filed for this work and if not an Enforcement Order will be issued. Members agree with this approach. Orders of Conditions 129 Brimbal Avenue - DEP File #5-983 Members discuss potential Conditions and agree to issue Standard Conditions and the following Special Conditions: 1. Should any standards for protocol found in the "UST Closure Assessment Manual" prove stricter than any Conditions in this Order, the stricter condition/protocol shall apply. 2. At the end of each workday, any stockpiled soil shall be covered with a tarpaulin or other geo-textile material to safeguard against erosion by wind and rain. 3. Should there be a lapse of time between tank removal and new tank installation that requires the erosion control to be removed, haybales shall be re-established prior to new tank installation and re-inspected by the Conservation Administrator prior to work. Johnson moves to approve the Order of Conditions as discussed. Reilly seconds the motion. The motion carries 4-0. Re2ulations Subcommittee Maxner notes that the regulations subcommittee needs to get back to reviewing the regulations so that the Commission can move forward with revisions. Reilly notes that intermittent stream protection should be included but notes that it would require an Ordinance change. Hayes agrees and suggests scheduling a meeting soon. Approval of Minutes The minutes of the Conservation Commission meeting held on April 1, 2008 were presented for approval. The Commission tabled the matter until the June 10, 2008 meeting, as there was no quorum to act on them. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Reilly seconds the motion. The motion carries 4-0. The meeting adjourns at 9:30 p.m.