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2008-01-29 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present January 29,2008 Conservation Commission Chair David Lang, Tony Paluzzi, Dr. Mayo Johnson, Mary Reilly, Greg Cademartori, Ian Hayes and Bill Squibb Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang called the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street Beverly, MA. Paluzzi moves to recess for Public Hearings. Hayes seconds the motion. The motion carnes. Amendment to Order of Conditions New: 89 Bovles Street - DEP File #5-902 - New En2land Power Company Maxner reads legal notice. Paul Richards of New England Power, addresses the Commission and explains that a couple years ago NEPCO received an Order of Conditions for an addition to an existing substation. He explains that they are now requesting an amendment to the Order for the installation of two new capacitor banks and associated trenching on the west side of the substation. He explains that the work will occur within the 200-Foot Riverfront Area to the Centerville Creek, but within the substation footprint. He noted that no new ground disturbance will occur and the fence and grade will remain the same. Richards notes that this is an important substation that serves a large area and as things come up they need to make changes with little interruption to the delivery of electricity. Maxner asks if they will be using crushed stone. Richards states that they will be using 6 inches of crushed stone, which is standard. Lang asks to have the resource area clarified on the plan. Richards notes the location of the resource area on the plan. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 2 of 12 Squibb asks what the depth of the jog in the fence will be. Richards states that there will be no change in the existing fence. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Maxner notes that there was a special condition in the original Order of Conditions to replant the No Disturb Zone. Richards states that they will do that in the spring or early summer before they come back for a Certificate of Compliance. There being no further questions or comments regarding this matter, Paluzzi moves to grant the amendment to the Order of Conditions # 5-902 for New England Power Company. Hayes seconds the motion. The motion carries 7-0. Cont: Various Streets - North Beverlv Brook Draina2e Project - City of Beverlv Dwight Dunk of CDM addresses the Commission and notes that he has submitted a letter to the Commission, which addresses the comments and questions asked by the Commission and the DEP. He also notes that he has made revisions to the plans based on this response letter. He notes that a proposed replication site for impacted BVW that will be converted to a bank has been chosen along the stretch of brook on the High School property behind the gas station at the corner of Herrick and Cabot Street and is noted on sheet 17. Dunk explains that a site visit was held on October 20, 2007 and the DEP comments were reviewed with the Commission. He also notes that he met with DEP to review their comments and clarified their questions. He states that he feels that DEP' s concerns were alleviated. Dunk explains that they used a 1 a-year storm design because that is what the City uses as a standard and it is an industry standard. He notes that there is a build up of sediment in the Tozier Road area that has accumulated over the years of development of this area. He notes that they will not be introducing more sediment to Tozier Road. Dunk explains that they looked at the flows on Tozier Road and explains their findings. He states that lower and more frequent storms will result in lower depths of water for a shorter duration. Maxner asks if there were any locations further down Tozier Road that were considered for the outlet. He also notes that further down Tozier Road the road goes up and they would need a longer channel. Dunk reviews the North Beverly Brook cleaning. He notes that they could install a geo- fabric on the bank to help stabilize the integrity of the bank until stabilization occurs with the proposed plantings. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 3 of 12 Dunk notes that the existing stone culvert under Cabot Street does not need to be replaced. He notes that they received DEP preferences and they are proposed on Sheet 8 of the plans. He explains that there is a 2,500-foot replication area will require a waiver from the Commission's regulations of 2: 1 requirement. He also notes that they may shift the shape of the area so as not to impose new buffer zones or no disturb zones on the abutters. Lang asks if they expect DEP to respond to their comments. Dunk states that they have been trying to connect with them and hopes that they will respond. Reilly asks about the replication area and expresses her concern about the proposal to replicate 1-1. Dunk states that there is not enough room to replicate 2-1 noting that there is a steep slope and it would mean that more soil would have to be excavated and further into the property would be disturbed. Reilly asks if they looked at any other locations. Dunk states that they looked at City owned property as private property is problematic, and noted that DEP prefers that replication be located along the brook. Dunk reviews the plan for Lexington Drive. He notes that they are trying to avoid cutting trees and will be doing some trimming. He notes that the desire is to maintain all of the trees, noting that some that are close to the brook might be a problem. Rene Mary addresses the Commission and expresses her concern about they should be working with the neighbors on this. Lang suggests that they tag the trees that will be trimmed or removed and notify the homeowners so that there are no surprises. Dunk explains that the Kelleher's Pond will be getting a new outlet to help regulate the level of the pond to create flood storage should a large event be predicted, but the existing outlet will remain in place. Dunk explains that it seemed the biggest issue with the Commission and the DEP was the limited project status and in the original NOI there was no mitigation proposed for the loss of resource area. Cademartori suggests that the existing box culvert located within the channel be removed to create more flood storage and BVW resource within the channel itself. Dunk notes that there are some plans for the school site that they are not privy to and that might impact the field. Lang suggests that he would like to continue the public hearing until DEP responds to CDM's latest comments and reviews the replication area as proposed. He also notes that the Commission usually does not accept a replication of less than 2-1. Cademartori noted that there is an easement on the plan for the drainage system on Tozier Road along the south side and questions if the City holds that easement. Roland Adams states he thinks it is private. Cademartori asks that this be researched to find out who Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 4 of 12 owns the easement and what can be done to increase the capacity of this open channel as it is filled with sediment. Cademartori asks if there are any catch basins on Tozier Road. Dunk states that there are none but the plan is to install three of them. Cademartori states that he would like to see an Operation and Maintenance Plan for them. Dunk explains that Tozier Road is generally sheet flow and they proposed the catch basins for the low point. Lang opens the hearing for public comment at this time. Jean Martin, 40 Lexington, addresses the Commission and notes that there is an open portion of the brook that has been dumped in and that they talked about cleaning it out during one of the hearings. Maxner states that she contacted Shore Country Day School and notified them of the dumping and they addressed most of it about a month ago, they have a few odds and ends to clean up once the spring hits. Martin asks if there are any plans to try to restore the area. Maxner notes that it is private property, noting that the city did get them to address a big part of the problem but she doesn't think restoration is necessary as the area should have vigorous re-growth once the growing season hits. Joan Murphy addresses the Commission and asks if they looked at the stream by 128 on the side that enters from Access Road. Maxner states that she talked to Mike Collins and he told her that this does not seem to be a problem. Roland Adams, City GIS Coordinator, states that it is not part of this project. Murphy notes that the stagnant water got worse when they built the house down the street, noting that it stays stagnant for months. Lang suggests that Murphy contact Mike Collins and express her concerns. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to February 19, 2008. Squibb seconds the motion. The motion carries 7-0. Cont: Behind 235 Dod2e Street - Norwood Pond Dam Repair - DEP File # 5-970- City of Beverlv Maxner informs the Commission that the applicant has requested that the public hearing be continued to February 19, 2008. Paluzzi moves to continue the public hearing to February 19, 2008. Reilly seconds the motion. The motion carries 7-0. Cont: 105-107 Preston Place / Pole Swamp Lane - John Soursourian Peter Ogren addresses the Commission and states that they would like to continue the public hearing to February 19, 2008. He explains that a vernal pool analysis will be conducted and they will not have their results until mid March. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 5 of 12 Reilly suggests that the Commission hire an independent consultant and the expense of the applicant to review the vernal pools and the wetland delineation. Lang agrees and reviews the meeting dates for the Commission and suggests that the hearing be continued to the end of April. Ogren states that he feels that it would be productive if they met before the study is complete to establish investigation protocol. Cademartori suggests that at the February 19, 2008 meeting the Commission should choose the consultant and establish a scope of services and then at the March meeting there can be discussion as to protocol and scheduling of site inspecitons. Members agree to this approach. There being no further comments or questions regarding this matter, Paluzzi moves to continue the public hearing to March 11, 2008. Hayes seconds the motion. The motion carries 7-0. Cont: 480-486 Rantoul Street - Construct Parkin2 Lot - Force Realty. LLC Peter Ogren, Hayes Engineering, Nancy Scialdone abutter, William Manuell of Wetlands & Land Management for Scialdone and Matthew Watsky Attorney for Scialdone are present at the meeting. Peter Ogren of Hayes Engineering addresses the Commission and explains that they considered the site design and the concerns of the abutter, Ms. Scialdone, and introduced Bill Manuell, to review his findings. Bill Manuell addresses the Commission and notes that the Scialdone's primary concern is the buffer zone effect that creates a 25-foot NDZ associated with the replication of the wetland area to her property. Manuell states that this area should not be considered a wetland at all based on his investigation of the site. He states that he his aware that the Commission looked at the area and has had a lot of discussion as to whether this is a wetland and suggests that they may want to consider additional information at this juncture. He notes that he viewed the area with snow cover, and notes that he identified only three dominant species, which consisted of 1 upland specie and 1 woody wetland plant. He also noted the information provided on vegetation in the RDA indicated a weak vegetation community with only 33% coverage with 3% sensitive fern present. He notes that it is clearly a disturbed site and noted that a plan of the area shows a piped stream but there are no hydraulic soils on the site. He explains that a soil exam of a test pit from 16 inches is not indicative of hydraulic soils. Cademartori asks if they have a plan of where they were digging the test pits. Manuell explains the location where the test pits were dug on the plan and explains his findings which showed at 22 inches down he found a change in soil color from 10YR 33 to 10YR 52 and he surmises that the water table is at least 2 feet below grade. He explains that there was four feet of fill material on the ground surface in some areas. He also notes that there are bricks, sand and gravel as well as a large tree branches on the site. He Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 6 of 12 states that he did not see any evidence of sustained hydrology. He also explains that according to state and federal methodologies this does not qualify as a wetland and that the parameters in the Ordinance are not met in some instances. He also notes that the flood storage value is negligible. He explains that this particular site has been so disturbed that you have to throw out normal protocol and focus on the wetland values that it may provide. Squibb states that he went to the site and noted that the abutters are not pleased with the 25 foot NDZ. He would be willing to waive any new NDZ that is created on the Scialdone property but the existing buffer zones and NDZ would need to be regulated just as is happening with this proj ect. Matthew Watsky, attorney for Scialdone, states that his client is looking for a waiver from any regulation within the new or existing buffer zones that may fall on her property. He notes that the plans need to be revised to take off the wetland flags that were illegally placed on the Scialdone property as leaving them might provide false information for the future. He wishes to impress upon the Commission that all of the buffer zone associated with this wetland is far from undisturbed and he expresses his hope that the Commission will waive it for his client. Maxner states she is concerned about setting precedent in granting a blanket waiver to the abutter without the opportunity to review their project if there is ever one. Hayes states that he is comfortable with the Commission determination as to the nature of this resource and is not willing to reverse that determination. He states that he would need to review any proposal by the abutter to make a decision on waiving the NDZ and believes that the existing buffer zone on the abutting property must be regulated. Cademartori states that the Commission has acknowledged that this is a highly impacted site and is not pristine by any means but that the point of the project should be to enhance whatever functions and interests of the wetland. Reilly questions how the wetland can be assessed at this point since the violations took place and grading and alteration occurred within the wetland. Maxner explains that Mr. Kelleher, the contractor who committed the violation, did not grade the area and notes that they only cut the trees and the grading and the configuration of the wetland did not change. She also notes that they did remove foreign debris and trash from within the wetland when the restoration was underway. Ogren agreed noting that they cleared concrete, old tires and a radiator from the resource. Johnson states that the Commission's determination should stand. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 7 of 12 Lang suggests that the Commission should approve this project and issue an Order of Conditions and if the abutter brings a project forward in the future the Commission should be lenient in consideration of these circumstances. Cademartori asks if the final revised plan has been submitted to the Commission. Ogren states no, he explains that he presented it as a concept and notes that if the abutter cannot be satisfied they would change the plan. Cademartori suggests that it should be noted that all due consideration would be given to the owner of the adjoining property if she submits a plan and application, and believes the Commission understands the condition of the wetland and would entertain a waiver request should a proposal be submitted. There being no further questions or comments regarding this matter, Johnson moves to continue the matter to February 19, 2008. Hayes seconds the motion. The motion carnes. Cont: 90 & 92 Bovles Street - (Map 45. Lot 50) and (Map 45. Lot 2) - Construct Sin2le Familv Homes and Wetland Crossin2s for Common Access Drivewavs - Carl Dumas Hayes recuses himself from discussion of this matter and left the Chambers. Brian Butler, Oxbow Associates, addresses the Commission and states that the applicants are on vacation and are not present at the meeting this evening. He briefly recapped the presentation that he made at the last meeting, explaining that DeRosa flagged the wetland in February and March of2007. He explains that the Dumas' then hired Oxbow Associates to prepare and submit the NOI, later in November of2007 Maxner was kind enough to review the wetland line with him prior to his submitting the NOr s. Butler explains that they are proposing two replication areas and notes that one is a smaller area with far less upland impact to the upland area for which a waiver from the 2: 1 requirement would be necessary and this was discussed at the recent site inspection with the Commission. He states that at the site inspection a new flag #33R was added and noted on the plan a requested by the Commission to capture an area of ponding observed at the site inspection. Butler states it was noted at the site visit that the project is not entirely compliant with vernal pool regulations. Butler suggests that they could do an inventory to document the breeding activity in the vernal pool as mitigation for this incursion. He also notes that at the rear of the property there may be a potential vernal pool and they would examine that and certify it if it meets the criteria. Johnson states that he would not be able to vote in favor of this if the vernal pools are impacted and suggests that they find another access to the upland areas of the site. He Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 8 of 12 points out that the vernal pool is already highly impacted by being surrounded by Boyles Street on one side and the railroad tracks on the other. He asks if the area parallel to the railroad tracks has been considered. Butler states that they looked at the area and they would have to fill 3,500 s.f. of the certified vernal pool for a crossing in this area. Cademartori asks if zoning relief is needed for frontage and lot width on these lots. Butler explains that these lots have been approved many years ago and do have the requisite frontage for this zoning district. Cademartori states this project involves multiple resources and associated no disturb zones and asks if the applicant has executed a full alternatives analysis for all these proposed impacts and waiver requests. He questions as to whether the access along the railroad tracks is even a viable alternative to consider in the first place. Butlter states that they performed the subtractive method as to the removal of habitat on the site. Cademartori asks if the locations of the houses have been considered and if clustering them on # 90 was considered. Butler states that they thought that may be too much encroachment into the vernal pool no disturb zone. Maxner states that the Commission might need to know what species are utilizing the pools in order to make a fully informed decision on this project. She also states that the area at first crossing may have stream characteristics and should be more closely observed. Lang states that there seems to be several problems with this project, noting that he would like to visit the site as he missed the site visit. He notes that it is a marginal piece of land and suggests that Butler talk to his client to determine if they would consider a different plan. Butler asks if the Commission would offer any guidance on this. Cademartori suggests that they get a zoning determination. Lang suggests that he and Cademartori visit the site before the next meeting. Johnson states that he is comfortable continuing this to the next meeting so that members of the Commission can visit the site. Maxner reviews the criteria for issuing waivers and notes that this is a highly problematic project as there are multiple waiver requests and reminds the Commission that BVW replication is not mitigation for vernal pool NDZ incursion. She notes that it is not the mission of the Commission to allow every inch of the site to be developed if satisfactory mitigation cannot be offered. Lang opens the hearing for public comment at this time. Renee Mary addresses the Commission and expresses her concern about replication in the NDZ and asks where the uncertified vernal pool is located. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 9 of 12 There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to February 19, 2008. Reilly seconds the motion. The motion carries 7-0. Hayes returns to the meeting. New: 53H Trask Street - Construct Sin2le Familv House - William Bates Maxner reads legal notice. Bill Manuell addresses the Commission, and introduces the applicant William Bates. He goes on to explain that they are proposing a new single- family dwelling with associated driveway, yard, landscaping and utilities and notes that the site is in a degraded state containing an isolated wetland located along the frontage of the property, bordering vegetated wetland and associated buffer zones. He explains that they are proposing to fill the isolated wetland, which is approximately 2,100 s.f. and are proposing a 4,300 s.f. in replication area. He states that the newly created 25' NDZ of the replication area will be respected. He states that a waiver from the regulations for filling the isolated wetland and its 25' NDZ has been requested and indicates that no fill will need to be brought on site as the cut and fills on the site are balanced. Lang suggests that the Commission visit the site. The Commission schedules a visit on Saturday, February 16, 2008 at 8:30 a.m. Lang opens the hearing up for public comment at this time. Bob Farmer of 792 Cabot Street addresses the Commission and expresses his concern that there has always been a wetland there and people have been dumping in it for years. He states that he is opposed to filling wetlands to build a house as this neighborhood has severe flooding issues, but he is not opposed to building the house. He also notes that there is a brook that runs high when it rains and there are serious problems with floodwater. Jim Buchanan of 782 Cabot Street addresses the Commission and states that the area gets saturated when it rains and he is concerned about the effect this project will have on his property. Paluzzi asks that the house footprint, driveway centerline, and replication area be staked out in time for the site visit. Manuell agrees. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to February 19, 2008, pending a site visit on February 16, 2008 at 8:30 a.m. Squibb seconds the motion. The motion carries 7-0. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 10 of 12 Old/N ew Business Cont: 4 Birchwood Road - Enforcement Order - Stephen Edelstein Brian Butler, Oxbow Associates and the owner Stephen Edelstein are present. Brian Butler addresses the Commission and reviews the history of the site. He notes that the Commission issued an Enforcement Order in November. He explains that the looked at a plan from the 1989 subdivision and did an overlay. He also notes that they staked the original wetland line in the field and reviews the area on the plan. He also notes that he reviewed his GIS map and the city GIS map regarding the location of the vegetation on the site. Butler states that they are proposing a restoration plan and explains that it attempts to closely mimic original conditions but has a fairly higher density of plantings, which would be executed in the spring. He explains the plan in detail. There being no further questions or comments regarding this matter, Paluzzi moves to amend the existing Enforcement Order to incorporate the following special conditions: '" The Commission approves the proposed restoration plan, '" The planting completion date be no later than June 30, 2008, '" A wetland scientist shall be on site during the planting, '" The Conservation Administrator shall be notified at least 72 hours prior to plan installation, '" A final site inspection shall be held with the Conservation Administrator with the owner and wetland scientist before the Commission lifts the EO, '" The replanted area shall be left to naturalize and not manicured or maintained. Reilly seconds the motion. The motion carries 7-0. Cont: 29 Hathawav Avenue - Enforcement Order - R02er Tremblav Mary Rimmer addresses the Commission and states that the Order of Conditions issued in 1996 expired in 2000 and shows the Commission photos of the area and explains the site. She asks the Commission if there is any chance that they could keep the wall and plant behind it, noting that they built the wall to stop erosion. She notes that a silt fence has been installed and there has been no direct impact on the wetland. Reilly asks what they would plant behind the wall. Rimmer explains that the wall would be the permanent limit of work line and the plants would create an extension of the BVW. She notes that it is approximately 1,500 s.f. ofplantings, 135 feet of which is in the NDZ. Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 11 of 12 Reilly asks if they would be adding any more soil. Rimmer stated that they would not be adding any soil, maybe just top dressing. Johnson states that he thinks it would do more damage to take the wall down. Squibb requests that the pool wall be shown on the plan as well as the roof runoff. Hayes notes that he was not at the site walk but finds it troubling when someone does something that is in violation of the approved plan and no real enforcement action is taken to rectify the violation. Lang agreed stating that he would like to continue the matter and visit the site as he missed the visit with the Commission. He also notes that there is a letter in the file dated 1999 regarding the removal of soil that was pushed into the wetland for when the house was being built and is disturbed that Mr. Tremblay is completely ignoring the Commission's regulations. Rimmer states that Mr. Tremblay did not know that he needed a permit to build the wall and thought he was doing a good thing to rectify the ongoing erosion from the slope. Lang notes that Mr. Tremblay knew there was a Conservation Commission having dealt with them in 1999 and he feels that he was ignoring the Commission. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to February 19, 2008 pending a second site inspection scheduled for Saturday, February 16th at 9:15 a.m. Johnson seconds the motion. The motion carries 7- O. New: 443 Essex Street - DEP File #5-942 - Modifv Order of Conditions - SASG Realtv LLC Bob Griffin addresses the Commission and explains that the existing Order of Conditions governs work involving the reconfiguration of the building footprint, fuel service island, parking and construction of a drive through. He explains that the ZBA did not approve the drive thru or canopy. He explains that they are proposing to scale down the project eliminating the drive thru and they will be keeping the building as it exists. Maxner states that she feels this is straight forward, noting that stormwater management is still part of the plan. She also notes that the Department of Public Services feels that the catch basin is fine the way it is. There being no further questions or comments regarding this matter, Johnson moves to issue a minor modification for 443 Essex Street - DEP File #5-942. Paluzzi seconds the motion. The motion carries 7-0. Other Business Administrator Stipend Beverly Conservation Commission January 29, 2008 Meeting Minutes Page 12 of 12 Maxner asked the Commission for a clarification on the $5,000 stipend that the Commission granted her last year, as to whether they intended it to come from the Commission's fees or eventually be included in the general City budget. Members agree that they anticipated for the City to change Maxner's pay grade and fund it through the general budget as the position serves the entire City of Beverly. Lang states that Tina Cassidy, Planning Director, should feel free to contact him on this issue, but that he is in agreement with the Commission on this. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Hayes seconds the motion. The motion carries 7-0. The meeting adjourns at 11 :00 p.m.