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2008-06-24 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present June 24,2008 Conservation Commission Tony Paluzzi, Gregg Cademartori, Dr. Mayo Johnson, Ian Hayes, Mary Reilly and Bill Squibb Members Absent: David Lang Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, MA. Certificate of Compliance Cont: 13 Cherry Street - DEP File #5-813 - Aimee Parisella & Richard Bernard Maxner explained that the Commission will recall asking the applicant to contact her wetland scientist to amend the planting plan for the wetland restoration area as most of the plants were never installed as per the plan prepared by DeRosa. She explained that they did and the Commission approved the amendment at its last meeting. She also noted that the majority of the plantings have been installed per DeRosa's direction and Ms. Parisella has been able to complete the planting plan. Maxner has conducted a site inspection and noted that the mowing on the property has ceased and the plantings look fine. She recommends issuing the Certificate of Compliance. Johnson moves to issue a Certificate of Compliance. Hayes seconds the motion. The motion carries 6-0. New: 171 Common Lane - DEP File # 5-937 - Leonard Bertaux Maxner explains that the Order governed the construction of detached garage approximately 37' x 20' within the Buffer Zone to Bordering Vegetated Wetland outside the 25' NDZ, with conditions for planting shrubs within the NDZ, restricting removal of trees next to the garage and demarcating the NDZ. Maxner reported that the demarcation of the NDZ has not been done. She noted that she has discussed this with the applicant and recommends giving them time to complete that. She also notes that extra cinnamon fern and dogwoods were planted within the NDZ. She recommended continuing this matter to the July 15, 2008 meeting to allow time for the demarcation of the NDZ to be completed. She states that the garage dimensions are in compliance with the approved plan. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 2 of 18 Cademartori suggests voting to approve the Certificate and Maxner can issue it once the markers are in place. Members agree to this approach. Cademartori moves to approve. Reilly seconds the motion. The motion carries 6-0. New: 60 Middleburv Lane - DEP File # 5-851- Peter and Sandra Ma2liaro Maxner explains that the Order governed the reconstruction of failing/eroding existing rip rap retaining wall and installation of a safety fence installed along the top of the wall immediately adjacent to Bordering Vegetated Wetland; removal of5 trees and expansion of base of driveway with pervious pavers; reconstruction of existing deck and addition of pervious patio to rear of house within Buffer Zone to Bordering Vegetated Wetland. She notes that the following special condition was issued: 1. Prior to any construction on site, the wetland shall be cleared of all historic construction debris and dumped stumps and piles of brush. After all debris is removed and before construction begins, the applicant shall contact the Conservation Administrator to schedule a site inspection of the wetland area. Maxner also notes that the applicant is requesting a waiver from an as-built and PE certification as the Commission accepted a sketch plan by the applicant. She also notes that work not performed includes: deck remodel/rebuild and patio extension. The driveway enlargement was done with crushed stone and trees within the new driveway were removed and the retaining wall was rebuilt as proposed and the driveway was expanded with crushed stone. She notes that the new retaining wall is in the exact footprint of the old one. Sandy Magliaro reports that they removed material from the wetland that was light enough to remove by hand but was hesitant to do any more than that so as not to disturb the area further because it would have required heavy equipment in the wetland. Hayes notes that any further work to be done on the site will require them to come before the Commission for approval. Magliaro agrees. Hayes moves to issue a Certificate of Compliance. Johnson seconds the motion. The motion carries 6-0. New: 1010 & 1012 Hale Street. DEP File # 5-708- Brookwood School Maxner explains the Order governed sub-surface septic system upgrade at 1010-1012 Hale Street (Brookwood School properties). She explains that the work was never done and the Order lapsed, as the School later filed a subsequent NOI to abandon these septic systems and connect to City sewer. She notes that the Commission will be receiving a request to close the subsequent Order out shortly and she recommends the issuance of a Certificate to formally close this outstanding Order. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 3 of 18 Reilly moves to issue a Certificate of Compliance. Hayes seconds the motion. The motion carries 6-0. ReQuest For Determination of Applicabilitv New: 5 Orchard Street. Ellen Miller Maxner reads legal notice. Ellen Miller addresses the Commission and explains that she is proposing to construct a small 7' x 1 0' laundry room addition and deck enlargement all to be placed on sono-tube footings within the Buffer to a stream. Maxner reviews the location and notes that this particular brook is shown as intermittent on the USGS map; therefore it receives a 100-Foot Buffer from the top of bank. She also notes that the addition and deck extend slightly from the rear of the house and are located 48 feet from the bank of the stream at their closest points. Maxner states that she visited the site and this project will have no impact to the resource area and recommend the Commission issue a Negative # 3 Determination. Paluzzi asks if they will be digging for the sono tubes by hand. Miller explains that they will be digging by hand. There being no further questions or comments regarding this matter, Johnson moves to issue a Negative Determination 3. Hayes seconds the motion. The motion carries 6-0. New: 100 Sohier Road. Beverlv Hi2h School. City of Beverlv Maxner reads legal notice. Mike Collins addresses the Commission and explains that the City is about to start the High School project and needs to create temporary parking for students while work is on going. He explains that they are proposing to utilize the existing tennis court area for parking by removing existing fencing, create a paved access drive, install 12" gravel base and place 2" seal coat on top of the tennis courts and stripe for parking spaces. He notes that this work will occur within the 100' BZ and 25' NDZ (existing tennis court is already within the NDZ) and partially within the 200' Riverfront area. He explains the locations on the plan. Collins explains that the final restoration plan for the site will result in the entire temporary paving being removed from the site and grassy field restored. Reilly asks how long the construction is expected to take. Collins explains that it is predicted for 18 months and explains the construction phasing plans for the project. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 4 of 18 Paluzzi states that he is concerned that there is no berm planned and questions what is to stop debris from getting into the wetland. Collins reports that they would install a snow fence or something to keep the area protected. He noted that he is trying to keep the cost down with little disturbance to the area. Hayes expresses concern about snow plowing and deicing materials. Collins reports that snow will be piled to the north on the site. He also explains that the frequency and intensity of deicing is not as bad noting if it is on the weekend school is not open. Cademartori asks if there are any plans to install a berm, noting that he would be more concerned about contaminated stormwater washing into the wetland and asks the function of the existing catch basins. Collins states that they may not be functioning well but he would be willing to equip them to handle grease and oil from the cars. Johnson moves to issue a Negative Determination 2 & 3 with the following Special Conditions: 1. Prior to parking lot usage, the drainage system receiving runoff from the temporary parking area shall be equipped with oil and grease separator(s) to capture and provide treatment to stormwater prior to discharging to the North Beverly Brook. Method of treatment will be left to the DPS Director to determine best BMP for this system. 2. During the winter months, snow plowing and snow storage shall be directed toward the north west of the tennis courts, and the east side of the courts shall be avoided to eliminate the potential of snow being dumped into the wetland resource area. 3. Fencing along the easterly side of the courts shall be installed to protect the wetland from encroachment, vehicular or otherwise, and the same fencing shall wrap around the north east corner of the tennis courts to protect the wetland to the north from the same. Hayes seconds the motion. The motion carries 6-0. Recess for Public Hearin2s Johnson moves to recess for public hearing. Reilly seconds the motion. The motion carries 6-0. Notices of Intent Cont: ReQuest for Amended Order of Conditions - Settlement Plan - Chapman's Corner Estates Cluster Subdivision. DEP File #5-862 - Matthew Kavana2h & Manor Homes at Whitehall. LLC Beverly Conservation Commission June 24,2008 Meeting Minutes Page 5 of 18 Maxner explains that the Commission will recall continuing this hearing so that an Order of Conditions could be drafted and CR document prepared with the help of George Hall. She reports that neither she nor Hall could prepare a draft before he left for his two-week vacation. She notes that the applicant has agreed to continue the matter to the July 15, 2008 meeting. Johnson moves to continue. Reilly seconds the motion. The motion carries 5-0-1, with Hayes abstaining. Cont: 44 & 30 Bovles Street (Lot 27. Chapman's Corner Cluster Subdivision)- Matthew Kavana2h & 30 Bovles Street Trust Maxner explains that the applicant has requested that the matter be continued to the July 15,2008 meeting. Johnson moves to continue. Reilly seconds the motion. The motion carries 5-0-1, with Hayes abstaining. Cont: Behind 235 Dod2e Street. DEP File #5-970 - Repair Norwood Pond Dam- City of Beverlv Mike Collins addresses the Commission and explains the history of the site and the problems with flooding during large storm events. He notes that they hope to break that cycle which is diminishing the effectiveness of the dam. He explains that the City is proposing repair and expand the existing dam that is damaged. He also notes that the Commission conducted a site inspection and had some concerns about the work. Collins explained that the work will be connecting the bank and estimated that 20 feet would be disturbed. He explained the construction and noted that they would prefer to build the original proposal in the two directions and not straighten out the wall. Paluzzi asked if they would be removing any trees. Collins stated that they would not be removing any trees noting that there are some quarter inch vines that would be removed. Johnson noted that the dam was originally private property and questioned how it became the responsibility of the City. Collins explained the history and noted that when NSCC was not built it reverted to the City. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Maxner states that that more information is needed on the impact to the bank. Collins states that the work will take place no more than ten feet on either side with a more than 20 linear feet of bank disturbance. Maxner asks if they think they will need to dewater the site. Collins explains that if they do it will be minor in nature. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 6 of 18 There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Cademartori seconds the motion. The motion carries 6-0. Cont: 3 Melvin Avenue - Paul & Catherine Gareri Maxner explains that the applicant has requested that the matter be continued to July 15, 2008. Johnson moves to continue. Reilly seconds the motion. The motion carries 6-0. Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 John Dick addresses the Commission and explains that they have presented this to the Commission at the last meeting and a site visit was held. He also notes that DEP has commented on the project and he thinks that there was an initial misunderstanding as to the nature of the work being done. He reviews the flood storage compensation proposed for the project and notes that detailed calculations have been provided and that they are regarding the entire site. He also notes that the calculations are volume for volume. Dick states that a wildlife study is not needed noting that he observed only geese on the site. He also notes that they are providing compensation for three feet of fill on the site and they meet the performance standards of the regulations for Bordering Land Subject to Flooding. He also stated that he is not comfortable with putting the burden on the owner for maintaining the grade and explained the area. Cademartori noted that they are proposing a unique system that may not function due to the import of material from coastal sediment transport. Dick explains the regulation and notes that if they were increasing the volume by depth and width of the existing basin and if it gets filled in it would be considered an act of God and is not comfortable leaving the burden to maintain the flood storage on his client. Cademartori states that he thinks a peer review from an engineering calculation and resource area characterization standpoint is needed. He notes that it is a unique system and the Commission will get no further guidance from DEP. Hayes and Johnson agreed. Paluzzi opens the hearing up for public comment at this time. Oliver Wadsworth of77 Paine Avenue addresses the Commission and expresses his concerns that he disagrees strongly that there is no wildlife on the site. He describes the various wildlife he has seen. Wadsworth provides a historical narrative of the permitting history of the site and the activity conducted within the last few years. He also notes that Hayes Engineering did a plan dated January 2005 and if the Commission decides not to Beverly Conservation Commission June 24,2008 Meeting Minutes Page 7 of 18 approve this plan Mr. Swansburg has an alternative location on the site for the tennis court. He also expresses his concern about the drainage on the site and the effect it will have on his wife's property and briefly points out elements of the plan that concern him and makes suggestions for changes including the proposed perimeter fencing and plantings. He provides photos of flooded conditions in the vicinity of Swansburg' s property to illustrate the extent of flooding. He also notes that he questions the location of the 100 foot buffer zone noting that he feels it is different from a previous plan prepared by Griffin Engineering. Wadsworth urges the Commission to deny the plan. Mr. Brit Hutchins of 60 Paine Avenue addresses the Commission and expresses concern that the wall is weak and he is concerned that this grading will further compromise the wall's integrity and notes that many of the residents of the area have easement rights to pass to reach the beach, and he is worried of people's safety passing by the wall. He provides pictures of the area when it is flooded. He also notes that when Mr. Swansburg built a basketball court the Commission made him remove it and questioned whether there is another location that he could locate the tennis court. David Smith, Vine Associates, states that he has been hired by Mr. Wadsworth to assist him in reviewing this proposed plan. He provides four general points of concern that the Commission should consider in its decision, the first being the characterization of the resource areas that seem to have changed between this plan and previous plans presented to the Commission by other engineering firms. He explains that flooding is a major issue for this basin and the potential for erosion from the excavation and expected storms that will occur, as he is concerned that the flood storage will not be maintained. He suggests that Mr. Swansburg can indeed do something to improve the existing drainage system that services his and other neighboring properties. Finally, he supports a peer review of the plan. Squibb notes that it appears that there is a pond to the left of the proposed location. Dick explains that it is on Mr. Haley's property and it was a fish pond that held goldfish at one time and kingfish demolished it. Dick addresses the Commission and states that he is close to asking the Commission to deny this so he can go straight to DEP. He states that he feels that this is going round and round and he does not see that anything is going to change. Dick reviews the comments from DEP and notes that the putting the tennis court in the front yard is not an option that Mr. Swansburg wants to do. He notes that the land floods and they are designing it so that there will be no change in flood storage. He explains the grading on the site. He also states that the catch basin is outside of the buffer zone so that is not an issue. Dick states that it is unfair to expect Mr. Swansburg to maintain pipes on someone else's property. He states that a siltation fence will be installed along the property line and Beverly Conservation Commission June 24,2008 Meeting Minutes Page 8 of 18 maintained during construction. He also states that DEP would never allow a pipe to go through the wall to the beach. Dick states that he is hesitant to agree to a lengthy peer review but if it were done in a reasonable amount of time they could agree to it, noting that waiting until September is a long time. Maxner notes that the Commission has a meeting in July and two in August and they are not taking the month off this summer. Dick states that if he could be sure that the Commission would close the public hearing after the peer review he would take that to his client. Maxner asks the Commission if they want a peer review of the project. Cademartori and Hayes agree that they think it is a good idea. Members agree. There being no further questions or comments regarding this matter, Cademartori moves to continue the public hearing to July 15,2008, pending a peer review. Hayes seconds the motion. The motion carries 6-0. Cont: 232 & 234 Essex Street - Demolish Existin2 Structures and Construct a Childcare Facilitv - Robert Walker Maxner reads Certification of Evidence Review from Dr. Johnson and Ian Hayes. John Dick addresses the Commission and explains that a site visit was held and explains that they are reducing the width of the road to 26 feet wide and the new pavement will be 13 feet from the top of the bank at various points, he notes that there is an overall of 3,000 square foot reduction of impervious surface within the Buffer Zone most of this reduction is within the entrance area from the street. He also explains the grading along the bank to make it more gentle and landscaping noting that they are proposing native species within the Buffer Zone. Dick reviews the comments made by DEP. He explains that he has been unsuccessful in reaching DEP for clarification on them. He states that the calculations for the work are designed to meet the stormwater management regulations and the issues seem to focus on the classification of the project as a redevelopment. He explains that the stormwater scepters proposed are not on the approved DEP list and they need a DEP engineer to approve that they are comparable. He explains that the system works fine it is just that DEP has not put them on the list. Cademartori expresses concern about the location of the road in relation to the location of the school and locations of each are not tied to any zoning regulations, he believes there are alternatives for roadway location and building size to remove activity outside the 25' NDZ. Dick explains that the road is a subdivision roadway for the undeveloped portion of the lot located to the north and the size of the building is prescribed by the projected needs for this childcare facility. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 9 of 18 Maxner asks for clarification on comment #7 of Hancock's latest report. Dick explains that it is a redevelopment but they are not seeking redevelopment status and are able to meet all the stormwater regulations fully, noting that it meets 80% TSS removal. He also notes that the existing conditions do not have a stormwater management system. Maxner suggests a peer review for the project. She notes that with the new regulations and the comments from DEP she is concerned that she and the Commission is not familiar enough with the new regulations and some guidance might be beneficial at this point. Squibb asks why a subdivision road is before the Commission when the subdivision is not part of this plan. Dick explains that it is based on volume and capacity noting that the road will be heavily travelled in the morning and evening because of the use of the site as a daycare center. Cademartori notes that there is no provision for sidewalks in this plan and that is a requirement of the Planning Board and he is concerned that the Commission is not seeing the full picture for site development. Johnson states that he thinks that a peer review is a good idea. Paluzzi agrees. Reilly states that she is concerned about the maintenance of the stormwater management system at the 0 & M does not seem to have all of the requirements of the new stormwater regulations. Dick states that it would be reviewed in the peer review and that additional information will be provided. He asks that the peer review be expeditious noting that they would like to start construction in the fall. Maxner notes that the operations and maintenance plan is not specific as to street sweeping etc. Maxner asks the Commission what they would like the scope of the peer review to be. Hayes suggests both the stormwater and environmental issues get reviewed. Johnson agrees and thinks that the entire package be reviewed. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Hayes moves to continue the public hearing to July 15, 2008, pending a peer review. Johnson seconds the motion. The motion carries 6-0. Cont: 90 Bovles Street (Map 45 Lot 2). DEP File #5-974 - construct sin2le-familv house 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 July 15, 2008 meeting of the Conservation Commission. Johnson Beverly Conservation Commission June 24,2008 Meeting Minutes Page 10 of 18 moves to continue. Reilly seconds the motion. The motion carries 5-0-1, with Hayes abstaining. Cont: 92 Boyles Street (Map 45 Lot 50). DEP File #5-972 - construct sin2le-family house 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 July 15, 2008 meeting of the Conservation Commission. Johnson moves to continue. Reilly seconds the motion. The motion carries 5-0-1, with Hayes abstaining. Cont: 76 West Street - Driveway Resurface. Fence Repair. Tree Removal. Draina2e Improvements - Brook Maxner reads the Certification of Evidence Review for Hayes and Johnson. Mary Rimmer addresses the Commission and explains that a site visit was held. She also notes that comments have been received from DEP and reviews comments and the plan. She provides a brief recap of the proposed project. She explains that a 401 water quality certificate needs to be obtained and they are applying for that. She also notes that Army Corp review is also needed. Rimmer explains that DEP comments that a dying tree cannot be removed without restitution and notes that they are proposing to replace it with a natural species. Rimmer reports that DEP suggests that the infiltration swale should be pulled back to the edge of the wetland and notes that they are making that change and explains the plan. Rimmer explains that DEP comments on erosion control and explains that it will be installed and that they will be working on mats to get into the pond area as well as installing check dams at the intlet and outlet of the pond to protect downstream resources. She also notes that hay bales are planned for the inlet and outlet of the pond but she did not see any other areas where erosion control measures would be necessary. Hayes notes that if material is to be stockpiled on the site there should be erosion control measure in place for that. He also notes that if dewatering is to be done on the site it should be considered as well. Paluzzi asks how long the work will take. Rimmer estimates that it should take a couple of weeks. Paluzzi requests that hay bales be installed along the fence to protect the pond on the neighboring property. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 11 of 18 Reilly asks if Rimmer will be on the site during construction to supervise. Rimmer states that she could if the Commission requests and notes that they would accept that as a condition. Hayes states that he understands the comment from DEP regarding the dying trees and explains that there could be wildlife living in them even though they are dying. He asks if there is a compromise to removing the trees completely. Rimmer explains that the hemlock has to go but suggests that they could do some creative pruning to alleviate safety issues on the others. Maxner asks if they submitted a formal planting schedule. Rimmer explains that a schematic and planting list was submitted with the application so that the Commission could review the proposed plantings. She suggests that a condition of approval could be that a formal planting plan be submitted to the Commission prior to the planting. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Hayes seconds the motion. The motion carries 6-0. New: 100 Sohier Road - Beverly Hi2h School- City of Beverly - Superintendent of Schools Dr. James Hayes Maxner reads the legal notice. Superintendent of Schools, Dr. James Hayes addresses the Commission and explains that he is pleased to be here this evening to present the plans for the new Beverly High School. He explains that the project is out to bid and they are aiming to begin construction in mid September. He introduced Ben Garry of Marshall Garry to review the plans with the Commission. Garry addresses the Commission and explains the construction schedule and the transition plan from the old building to the new building so that the old building can be renovated. He estimates that the new building will be completed in September of 20 1 0 and the entire project will be completed by 2011. Garry explains the site and notes the location of the North Beverly Brook and the other resource areas that were subj ect to an ANRAD last year that was approved by the Commission. He reviews the site plan noting the location of the new building and the areas that will be used for parking. He notes that the plans call for a decrease in the impervious surface on the site. Garry explains that the site of the existing baseball field will be the contractors staging area for the project. He explains that the new fields will have synthetic turf and explains Beverly Conservation Commission June 24,2008 Meeting Minutes Page 12 of 18 the installation process of the turf. He also reviews the parking for the site and the traffic circulation around the campus, noting drop off areas and areas for buses. Garry reviews the stormwater management for the site and notes that deep sumps will be installed. He explains the plans and notes the buffer zone areas. He also notes that they considered the 25 foot NDZ in the plans. He also notes that there will be no change in the grading in the front of the school. He also notes that there are some conservation issues in the back of the site and explains the location and the work that will take place in those areas. Garry explains the alternative analysis that they did for the location of the stadium. He notes that they looked at the Memorial School and Cooney Field and explains the reasons that they are not as appealing as the location at the high school. He states that they feel that they did a reasonable alternatives analysis. Bill Maher, Nitcz Engineering, for the project addresses the Commission and explains the existing conditions on the site and reviews the areas where work will be done. He explains that across the street from the entrance to the site is a wetland with a headwall which storm drainage goes to. He explains another area north of the site that drainage goes to as well. He notes that the catch basins on the property will be cleaned and checked on an annual basis. Maher reviews the site utility plan and notes that there will be all new storm drains, pipes and catch basins. He also notes that they will be maintaining the existing catch basins and explains the locations on the plan. He notes that there will be 16,800 s.f. less impervious area than is currently on the site when the project is completed. Maher explains the stormwater calculations for the site. He explains a planting list for the site noting that it is pretty sparsely planted now and that will be a big improvement. He notes that natural species will enhance the site and there is a generous planting budget. He explains that the school will be a green building with heat controls etc. and there will be solar panels on the roof to generate power. Cademartori asks how this project relates to the North Beverly Brook project. Mike Collins explains that the North Beverly Brook project is designed to address the issues upstream, noting that there are no flooding issues at the High School. He also notes that they are not altering the size of the discharge pipe that was installed when the school was built. Cademartori asks about the construction of the turf fields. Maher explains the construction process of the turf fields noting that a Geotech fabric will be installed with crushed stone to allow for infiltration. He explains the location of the fields and the installation of the drainage system, explaining that turf fields are highly permeable. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 13 of 18 Maxner clarifies that they are not changing the diameter of the discharge pipe. Maher reports that they are keeping it the same size. Reilly asks what LID measures they are considering. Garry explains that the footprint of the building is dramatically smaller noting that a four story building with a court yard will reduce the amount of impervious surface. He also explains that they expect to generate 15% of the electricity for the site with the solar panels and the lighting for the fields will use 50% less energy. Reilly asks if there is any opportunity to construct a rain garden of other treatment type of wetland on the site. Garry suggests that a rain garden would be a good idea and noted a possible location on the plan. He also notes that they have to be mindful of memorials on the site noting that there are benches etc. that will have to be relocated. Maxner states that she thinks that there should be expanded discussion on the alternatives analysis and she thinks that it will be a comment from DEP. She reviews the points that she thinks should be included in the discussion. Garry suggests that they continue the public hearing and they will take a look at some of the issues the Commission has discussed. He explains that sub bids will be the first in and then the general contractors at a later date. He explains that they have included the basic plans in the bid specifications but will include any amendments to the plans so that the contractors can consider them as well. Squibb questions the location of the field. Garry explains that the fields are used for physical education classes and well as athletic events. He explains the parking areas and the traffic circulation on the site. Dr. Hayes explains that the location of the field is the result of suggestions by the neighbors during meetings held with them. Cademartori asks if the configuration presented to the Commission is what is in the bid package. Garry states that it is the same. He also explains the alternates for the project noting that there are three of them as follows in order: 1. Stadium with 2,200 seats 2. Artificial turf inside the track 3. 2,000 additional seats in the stadium He explains that they have to take the alternatives in order to the extent that they can afford them. Cademartori noted that the 100-foot buffer zone and the 25 foot NDZ should be considered for mitigation and improving over existing conditions particularly within the 25' NDZ. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 14 of 18 Paluzzi opens the hearing up for public comment at this time. Rene Mary expresses her concern regarding flooding. Mike Collins reports that there are no flooding issues at the high school. Maxner notes that this is a City project and while they would not ask the City to pay for a peer review, she suggests that the Commission has some money and they could pay for it. She states that she is concerned about reviewing this with no technical expertise on the new stormwater regulations. Hayes recommends that the Commission visit the site and see if a review is necessary. Maxner suggests the Commission set a date for a site visit. The Commission will visit the site on Saturday, July 12, 2008 at 8:30 a.m. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to July 15, 2008 pending a site visit. Hayes seconds the motion. The motion carries 6-0. Old/N ew Business 15 Holdin2 Street. Scott Le2row Maxner states the Commission will recall issuing a Neg. # 3 Determination at its last meeting for an above ground pool. She explains Mr. Legrow wants to talk to the Commission about his fencing for his dogs, noting that Mr. Legrow wanted time on the agenda for an informal discussion. Mr. Legrow notes that at the last meeting he got approval for the pool and not for the dog area that he proposed. He explains that he reviewed the layout and explains the plans and notes that he cannot find a way to make a safe area for the dog that does not encroach into the 25' NDZ. Hayes asks how much he would encroach. Legrow explains the area and reviews photos that he submitted at the last meeting. He notes that there is 10 feet and a three foot paved area off the side of the house that is not in the NDZ. He also notes that he was not aware that property was in a wetlands area until Maxner contacted him for the pool permit. He explains an area of ledge and a grassed in area on the plan. Maxner suggests that the Commission visit the site. Johnson and Hayes agree. Maxner suggests July 12, 2008 at 8:30 a.m. Dr. Johnson asked if Legrow would be willing to build a dog house on the side of the house. Legrow states that he thought about that but that side gets a lot of sun and it would be too hot, so he would rather explore other alternatives. Order of Conditions Beverly Conservation Commission June 24,2008 Meeting Minutes Page 15 of 18 105 - 107 Prestson Place / Pole Swamp Lane - DEP File #5-971- Hearin2 Closed- Vote on Order of Conditions Maxner reads Certification of Evidence for this project on behalf of Dr. Mayo Johnson and Ian Hayes. Maxner notes that she provided the Commission with a draft set of Conditions and the only objection she has heard from the applicant is regarding special condition #6 regarding public access signage. Sparages explains that it is a private property and a private road and they are not obligated to allow the access. Cademartori questions that because there is conservation property with frontage on Pole Swamp. Mr. Soursourian explains that he property completely surrounds the section of road that he is improving and therefore it is private. Hayes notes that his concern is that there is conservation land that fronts on Pole Swamp Lane and there must to be public access allowed. Maxner agrees and explains that there is always a problem when a new road is built and private homeowners begin to create barriers to public access or at least make it intimidating for people to walk past on the right of way. Soursourian states that he has no problem with people walking or horseback riding, but he is concerned about motorized access. Discussion ensues regarding this issue. It is agreed by Soursourian to install signage at the intersection of Preston and Pole Swamp that alerts people to their right to pass within the limits of the right of way on foot and horseback. Reilly asks for straw bales instead of hay bales. She also requests that a condition be that there be two stakes per bale. Soursourian agrees. Maxner states that she thought that the O&M should have responsible parties named to take over the maintenance. Cademartori asks if there is a condition for the submission of an inspection, Maxner states she believes it is called out in the O&M plan. There being no further questions or comments regarding this matter, Hayes moves to issue the Order of Conditions as amended. Reilly seconds the motion. Motion carries 6- O. Cont: 76 West Street - Driveway Resurface. Fence Repair. Tree Removal. Draina2e Improvements - Brook Members discussed potential conditions and agree to Standard Conditions and the following special conditions: Beverly Conservation Commission June 24,2008 Meeting Minutes Page 16 of 18 1. Prior to work commencing on any portion of the site, a final restoration plan detailing the planting schedule for the restored BVW and Riverfront shall be submitted to the Commission for review and approval. 2. A qualified wetland scientist shall be on site during active phases of restoration at a frequency that will provide direction to the contractor and at all other critical junctures of work. 3. Proposed fencing shall allow for wildlife movement. 4. The proposed driveway material shall consist of pervious material. 5. Erosion control shall be installed along the westerly edge of the BVW restoration area to protect the ponded area located on the abutting property at 68 West Street. 6. Check dams shall be installed within the inlet and outlet channels to contain sediment within the dredging area and prevent it from migrating to the main channel of Chubbs Brook. 7. Dead trees within the Bordering Vegetated Wetland shall not be removed but selective pruning of limbs of these trees is allowed under this Order to eliminate eminent hazards to safety. 8. Trees slated for removal within the resource areas shall be replaced with nesting boxes. 9. Infiltration trench shall be pulled away from the edge of the wetland to the maximum extent feasible. There being no further questions or comments regarding this matter, Hayes moves to issue the Order of Conditions for 76 West Street. Johnson seconds the motion. The motion carries 6-0. Cont: Behind 235 Dod2e Street. DEP File #5-970 - Repair Norwood Pond Dam- City of Beverlv Members discussed potential conditions and agree to Standard Conditions and the following special conditions: 1. Any disturbance to bank by the new wing walls shall be restored with loam and a wildflower seed mix. There being no further questions or comments regarding this matter, Hayes moves to issue the Order of Conditions. Johnson seconds the motion. The motion carries 6-0. ReQuest for Extension of Order of Conditions - City of Beverlv - Old Ferrv Landin2 Maxner explains that the Order governs demolition of harbor master building and construction of new building as well as improvements to the piers. She notes that they are working on funding for the project and are requesting a two-year extension. Beverly Conservation Commission June 24,2008 Meeting Minutes Page 17 of 18 There being no further questions or comments regarding this matter, Hayes moves to issue the extension of the Order of Conditions for two years. Johnson seconds the motion. The motion carries 6-0. Trustees of Reservation Membership Maxner informs the Commission that the membership is up for renewal and the cost is $75.00. Hayes moves to approve the payment of $75.00 for the Trustees of Reservation membership. Johnson seconds the motion. The motion carries 6-0. Approval of Minutes The minutes of the Conservation Commission meeting held on April 1, 2008 were presented for approval. Johnson moves approval of the April 1, 2008 minutes as presented. Hayes seconds the motion. Reilly abstains. The motion carries 5-0-1. 21 Short Meadow Road - Enforcement Issue Maxner explained that house perimeter drainage and grading work was done without a permit, and that the owners were at the last meeting and the Commission scheduled a site inspection. During the inspection, which was attended by Maxner, Squibb and Reilly and the owners, they were directed to file an RDA. She explains that she spoke with Mr. Villagracia this week and he told her that he feel he is being harassed and upon the advice of his lawyer won't file any application and may file a suite against the City for harassment. She also notes that he sent her a note saying that he will not be available for the June 24th meeting or the July 15th meeting. Paluzzi suggests that they attend the August 5, 2008 meeting. Reilly suggests that he be told to file an RDA to be considered that evening. Members agree and ask Maxner to send a letter directing Villagracia to file an RDA in time for the August 5th meeting. 20 Gover Street. John Bockoven - Enforcement Order Follow Up Maxner explains that the Commission issued an Enforcement Order for clear cutting within the Buffer Zone to BVW requiring a restoration plan to be presented in time for this meeting. She notes that she talked with Mr. Bockoven and he has secured Griffin Engineering to help him with this and she expects that they will be at the next meeting. Squibb moves to continue the matter to the July 5, 2008 meeting. Johnson seconds the motion. The motion carries 6-0. Adjournment Beverly Conservation Commission June 24,2008 Meeting Minutes Page 18 of 18 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 6-0. The meeting adjourns at 12:00 a.m.