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.