City of Beverly, MA Filing Procedures and Submittal Requirements

[1]

Editor's Note: Application forms, instructions, fee calculation sheets and checklists are available at the Conservation Commission's office and/or Conservation Commission's section of the City's website: www.beverlvma.gov.

Any person or persons who desire a determination as to whether the Act or the ordinance applies to an area, or work to be performed in an area, shall submit a written request for determination of applicability ("RDA") to the Commission in accordance with Chapter 287, § 287-4.

General filing requirements. All applications shall comply with the following, except to the extent the Commission modifies these requirements on a case-by-case basis or in its application forms or instructions.

(1)

Nine copies (one original and eight copies) and an electronic copy of an RDA and accompanying plans, along with a check for the appropriate filing fee, shall be received eight business days prior to the anticipated hearing date by certified mail or hand delivery to the Conservation Commission at 3rd Floor, Planning Department, City Hall, 191 Cabot Street, Beverly, MA 01915.

(2)

Upon receipt of an application, the Commission or Conservation Administrator will determine, within two business days, if the application meets the minimum submittal requirements identified in Subsection B below. Those applications that do not meet the minimum submittal requirements will be rejected until the necessary information is provided.

General plan requirements. In addition to and in conformance with the requirements of 310 CMR 10.00, the following shall be submitted:

(1)

An 8 1/2 inches by 11 inches copy of the USGS quadrangle map, or other locus map, with the area circled showing the location of the project.

(2)

A plan of sufficient size and scale that completely and accurately depicts the existing conditions on the site, the proposed project, and all of the resource areas and associated buffer zones located on the site.

(3)

When the RDA is for the verification of the delineation of a wetland resource area(s), the request shall be prepared by a professional wetland scientist accompanied by a field-surveyed plan depicting the existing conditions, the delineated boundary of the resource area(s) with flag numbers and elevations extending off the project site.

Public meeting.

(1)

The Commission shall hold a public meeting to consider the RDA and shall issue a written determination within 21 days upon receipt of such request. Prior to making a determination, the Commission may require the submission of additional information deemed pertinent to the determination.

(2)

The Commission may continue the public meeting in the following instances:

(a)

With the consent of the applicant, to an agreed-upon date which shall be announced at the meeting; or

(b)

Without the consent of the applicant, to a specified date for the reasons stated at the meeting, including but not limited to additional information from the applicant or others.

Time frame for filing and review.

(1)

Any person who desires review of a notice of intent (NOI), abbreviated notice of intent (ANOI) or abbreviated notice of resource area delineation (ANRAD) shall file with the Commission plans and specifications as required under MGL c. 131, § 40 and as further defined below. In order to demonstrate full compliance with the ordinance and these regulations, the applicant has the burden of proof to completely describe the site, the work, and its effect on resource areas and the interests they protect, and to otherwise meet its burden of proof pursuant to § 565-6. The applicant is obligated to demonstrate that the work subject to regulation under the ordinance and these regulations can be carried out in a manner that meets all applicable performance standards and results in no impact to the wetland resource areas in question. Applicants are urged to retain the services of a qualified, experienced, professional consultant when filing an NOI, ANOI or ANRAD. Submission of incomplete or inadequate information or a failure to meet the burden of proof may result in delays and continuations in the review and approval procedure. Failure to provide adequate and credible documentation describing the impact of the project on resource areas may result in the issuance of a denial prohibiting the work.

(2)

Resource area boundary delineations, however requested, shall be reviewed only between April 15 and October 1 of each year, unless the Commission grants a waiver due to low probability of error on a particular site. Delineations may be reviewed at the sole discretion of the Commission between October 2 and April 14 and shall be reviewed only when site conditions are such that the Commission believes it can adequately review the relevant resource area indicators (e.g., soils, vegetation, hydrology).

(1)

Nine copies (one original and eight copies) and an electronic copy of the NOI, ANOI or ANRAD, and accompanying plans, as well as any pertinent data, along with a check for the appropriate filing fee, payable to the City of Beverly, shall be received pursuant to the Commission's meeting dates and filing deadlines as published, by certified mail, or hand delivery to the Conservation Commission at 3rd Floor, Planning Department, City Hall, 191 Cabot Street, Beverly, MA 01915.

(2)

Upon receipt of the application, the Commission or Conservation Administrator will determine, within two business days, if the application meets the minimum submittal requirements. A notice of intent checklist is available at the Conservation Commission's office. Those applications that do not meet minimum submittal requirements will be rejected until the necessary information is provided.

Abutter notification requirements. The applicant shall provide notification to abutters within 300 feet of the property line (as defined in § 565-7) where the work is proposed. The notification shall include sufficient explanation of the proposed work and all information pertinent to the date, time and location of the public hearing, and shall be sent by certified mail. In addition, a copy of the "Abutters' Guide to Beverly Conservation Commission Meetings and Process" shall be included with the notification to all abutters. The applicant shall notify abutters simultaneously to filing the application with the Commission, in order to provide abutters sufficient time to review the application and accompanying plans.

Plan requirements. All applications shall include nine copies of detailed plans. Technical data should be submitted to support the plans and shall be in narrative form, with calculations submitted as necessary to substantiate the designs proposed. The applicant, upon submission of an NOI, shall comply with the requirements of Chapter 287, §§ 287-4 and 287-5, and incorporate the following:

(1)

All drawings shall be drawn with the title designating the name of the project, location and the names of the person(s) preparing the drawings, and the date prepared, including the latest revision date. Drawings shall be stamped and signed by a duly qualified registered professional civil engineer and registered professional land surveyor of the Commonwealth of Massachusetts. For certain projects, including but not limited to additions to existing structures, the Commission may accept plans not drawn by a surveyor or civil engineer when these plans utilize a stamped plan as a "base map." In this case, the base map shall also be submitted or referenced.

(2)

Plans depicting proposed drainage systems and/or a subsurface sewage disposal system must be stamped by a registered professional civil engineer of the commonwealth.

(3)

An 8 1/2 inches by 11 inches photocopy of the USGS topographic quadrangle indicating the location of the proposed activity and the outline of the area in which the activity is located.

(4)

Technical reports on both the engineering aspects of the project as well as the wetland resources of the project site shall accompany the NOI application.

(5)

Source material for any plan submitted must be referenced on the new plan.

(6)

If the applicant has submitted or anticipates submitting plans for the subject property to any other City board, he/she shall submit those plans to the Commission for its review.

Existing conditions site plan(s).

(1)

The following standards and design specifications are intended to provide the Commission with the minimum amount of data necessary to determine the impact of a proposed project on wetland resource areas and/or the ability of said resource area to provide documented functions and values. The Commission may from time to time adopt and publish additional guidelines and minimum technical standards for plans, calculations, and environmental impact reports submitted with an application for a permit. The Commission may find it necessary to request additional site-specific information to adequately determine the effect of the work on resource areas.

(2)

Existing conditions site plans shall incorporate the following information, as applicable:

(a)

Property boundaries and abutters from the most recent information on record at the Assessor's office.

(b)

Watershed Protection Overlay District boundaries from the most recent Zoning Map.

(c)

Existing and proposed contours at two-foot intervals throughout the entire plan and the source for any data used to establish these contours.

(d)

All existing natural and man-made features, including tree lines, rock outcrops, stone walls, fence lines, cart roads, footpaths, overhead and underground utilities, and drainage structures.

(e)

The location of all surface water supplies, wells, and septic systems on the property, and on abutting properties, within 100 feet of proposed work.

(f)

Elevations of all natural and man-made drainage structures, waterways, and wetlands (as defined by the Act and ordinance).

(g)

All wetland resource areas, including the 100-foot buffer zone, 25-foot no-disturbance zone, 50-foot no-build zone and the 100-foot no-disturbance zone for vernal pools.

(h)

Flag numbers of all field-delineated wetland resource areas.

(i)

One-hundred-year flood elevations of all natural and man-made waterways and water bodies as determined from the most current online FEMA Flood Insurance Rate Maps and Flood Boundary and Floodway Maps. Where the floodplains of wetlands and water bodies have not been mapped by FEMA, hydrologic and calculations may be required, prepared by a registered professional engineer, to determine the boundary of the ten-year and one-hundred-year floodplain.

(j)

Hydrologic calculations showing the full-flow capacity and velocity of all watercourses, open and only sometimes closed channels, and storm drains flowing into, on and out of the property.

(k)

Site plans shall be submitted at a scale of one inch equals 10 feet, one inch equals 20 feet, or one inch equals 40 feet. Additional plans with greater or lesser detail may also be required if such plans would provide valuable information to the Commission in its review. The Commission may request a plan at a different scale for large properties or unique circumstances.

Wetland replication or restoration plans. A complete wetland replication or restoration plan shall be submitted with the permit application. Such a plan will meet all state and local performance standards and take all site-specific and Commission-directed issues into consideration. The plan shall be prepared by an individual with demonstrated experience in wetland science and will include a description of the qualifications of the individual(s) who prepared the plan. In addition, this plan and report shall include the following information:

(1)

Proposed and existing species list using both common and genus/species identification, describing densities at each vegetative layer and discussion of vigor.

(2)

Depth to seasonal high groundwater.

(3)

Proposed contour elevations for the wetland resource replication areas (at one inch equals 40 feet) and cross-section profiles showing relationship to existing elevations. Discussion should be provided as to how the replication area will provide similar and adequate conditions to support the proposed replication vegetative community.

(4)

Current wetland resource area functions (including wildlife habitat) shall be identified with a description of how the replication area will provide these functions. The proposal shall identify if the replication is intended to be "in-kind" or "out-of-kind" (with a clear discussion of the particular appropriateness of that selected to this site) and if any of the existing vegetation in the replication area can be retained for replanting.

(5)

A plan of how the proposed topography for the replication area will meet the necessary hydrological conditions, including a diagram of a planting scheme and a cross section of the pre- and post-replication area.

(6)

The name and address of the firm and/or qualified individual experienced in wetland replication that will oversee the replication area construction and provide detailed monitoring reports to the Commission.

(7)

If additional soils or vegetation are required for augmentation, sources must be identified.

Public hearing. The Commission shall hold a public hearing to consider the notice of intent, abbreviated notice of intent, or abbreviated notice of resource area delineation and shall issue a written decision within 21 days after the close of the public hearing. Prior to the close of a public hearing, all data deemed pertinent to the decision must be submitted and reviewed by the Commission. The Commission may continue or adjourn a public hearing in the following situations:

(1)

With the consent of the applicant, to an agreed-upon date which shall be announced at the hearing; or

(2)

Without the consent of the applicant, to a specific date for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others.

Minor modification or amendment applications. The requirements of § 565-18 shall also apply to an application for a minor modification or amendment to an order of conditions or order of resource area delineation to the extent relevant to the minor modification or amendment application as determined by the Commission. Applicants are encouraged to review the proposal and application requirements with the Conservation Administrator prior to filing with the Commission.