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1999-09-08City of Beverly, Massachusetts Public Meeting Minutes BOARD: Norwood Pond Commission SUBCOMMITTEE: DATE: September 8, 1999 PLACE: Beverly City Hall BOARD MEMBERS PRESENT: Chairperson Don Martin, Vice Chairman Neiland Douglas, Tina Cassidy, William Frost, David Lang, J. Michael Lawler, Virginia McGlynn, Joyce McMahon ABSENT: Kevin Burke, Todd Lampert OTHERS PRESENT: RECORDER: Jeannine Dion Chairperson Don Martin called the meeting to order at 7:00 p.m. Martin states the Commission's work will be wrapped up at the end of the year. A member of the public asks why the Chairperson believes Dece, mber has been set as the deadline. Martin states the work could be complete in January or February, but his goal is the end of the year. Approval of Meeting Minutes: June 9, 1999 MeMahon: Motion to approve Jane 9, 1999 meeting minutes, seconded by Douglas. All members in favor, no one opposed. Motion carries. Burger King Plaza Plans Cassidy states that in July she received a call from a gentleman by the name of Maurice Wyman who is working with the state to lease the Burger King property. Cassidy states Wyman called the office because he obtained a copy of a letter with a schematic sketch of the overpass and was concerned. Cassidy states Wyman had known that an overpass was a possibility but hadn't seen anything very specific. Cassidy states she, Neil Douglas and Frank Killilea met with Wyman on behalf of the Commission. Cassidy states Wyman has a plan to refurbish the existing Burger King and add to the building (gas station). Cassidy states Wyman will have some zoning issues because gas stations are not allowed in that zoning district, and will have to go before the Zoning Board of Appeals to follow through on that plan. Cassidy states she believes it was a very productive meeting, at which they discussed the outline of the overpass as we ~know it as this point and Wyman had concerns about the placement of the ramp and how it might affect his business and access. Norwood Pond Commission Minutes September 8, 1999 Page 2 Cassidy states Bill Lyons fi'om the consulting firm of HTSD, Inc. pmvided Wyman with information. She states she told Wyman the consultant would take a look at his development plan to see how the overpass will affect his plan and the City would get hack in touch with him if there are any significant issues. Cassidy states she will keep the Commission members updated. Killilea states he agreed to exchange plans but there were no agreement that changes would be made. Killilea states it was an informational exchange. Norwood Pond Dam Visit Frost reports Pare Kampersal, Renee Mary and Virginia MeGlynn attended the site visit. Frost states he has two videos which could be shown to the commission, Frost states the water level is very low, the spillway is cluttered with debris (trees, mud, etc.) and asks if the others who were present at the visit would like to comment. Renee Mary, 274 Hale Street states them was an orange stream on the backside of the spillway. McGlyrm states it looked like the dam had been neglected over the years. Kamporsal states she has been in contact with D.E.M. and the contact person sent a copy of the dam report that the consulting firm of Weston and Sampson prepared. Kampersal states the report calls for near immediate attention to this darn, and reads firom the aforementioned report, which classifies the dam as a Class 2 dam. Kampersal states she spoke with D.E.M. personnel and they did not know who owned the dam. Kampersal states no one she has spoken with in the City knows who owns the dam either. Cassidy asks if Kampersal will allow her to borrow the report for a day so that she could make a copy. Kampersal states the report is an unofficial report until the ownei of the dam is determined. Kampersal states that none of the following are in place for this dam: operational procedures, maintenance plan, operational facility, formal emergency warning system, or formal emergency action plan. Kampersal states the consultants' report recommends that D.E.M. (or whomever owns the dam) evaluate the structural integrity and complete a detailed stability analysis of the darn, complete a detailed hydraulic and hydrogeological analysis, repair the dam and prepare an emergency action plan. Kampersal states the estimated cost for the recommended remedies is $18,600. Douglas states his guess is the $18,600 is the cost for the study. Martin states he believes the cost to repair it would be much more. Norwood Pond Commission Minutes September 8, 1999 Page 3 Killilea states he believes it is a stretch to call the dam a "intermediate dmn,' since the dam is very small. Kampersal states it is in poor condition and needs immediate attention. Killilea notes that a mad would have to be built to get to the dam. There is discussion about repair of the flashboards. Killilea states whoever moves the boards is going to cause a change of coaditions upstream and downstream and they better know what they are doing before they move them. Douglas states that perhaps the Commission could speak with Marshall Handly about the situation at the dam. Lang asked if the problem is that the City is reluctant to assume the liability of owning the dam and Kampersal responds 'yes'. Kampersal states the cement part of the dam is pretty stable and that the report recommends that some type of a pipe be put in underneath the dam to protect against flooding. Kamporsal states that would be an expensive proposition, and Killilea agrees. There is some discussion about the question of whether the structures (and the responsibility for them) reverted to the City with the land. Lang states if there is a steel pipe there, it can be determined who owns it. Lang states whoever owns the land is stuck with the dam, it doesn't matter who built it. Nardella asks if the report is a draft report. Kampersal states the report was sent to her unofficially. Lawler asks if the City does not own the land, who else could possibly own it. Kampersal responds that the state could own it. Douglas states he is sure Marshall Handly will research this subject further. Douglas: motion to ask Marshall Handly to research the issue of ownership of the dam further and report back to the Norwood Pond Commission, seconded by McMahon. All members in favor. Motion carries. Norwood Pond Commission Minutes September 8, 1999 Page 4 Discussion on Norwood Pond Martin asks if there are any comments ~om members on the Norwood Pond study prepared by Bayside Engineering. Cassidy states one of the recorarnended action plans discussed was Best Management Practices (hereinafter referred to as "BMPs") in the watershed. Cassidy states she does not know a lot about BMPs and asks if any members might have suggestions regarding BMPso Lang states it is a difficult topic. The cky 1) can manage the pond as it has in the past or remove some sediments. Lang states that has been done on other ponds in Massachusetts. Lang states there is a project elsewhere in the state where someone is proposing to convert a wetland area into a pond, and it is not going very well for the applicant ~om a permitting perspective. Lang states he has concerns about taking a wetland habitat that is functioning well and changing it to a pond. ' Lang suggests the Commition might want to get mere advico on BMPs. Douglas states the report is pretty complete, containing three recommendations: 1. Reconstruction of the dam, 2. Embracing Best Management Practices (included BMPs in the by-laws), 3. Dredging the pond. Douglas believes dredging the pond is a pretty radical action while the cost would be enormous and the impact would he inconsequential. Douglas states he would feel more comfortable with a indepth study and reiterates the importance of determining the dam's owner. Lang agrees with Douglas' belief that dredging is a radical action and costly. He states other communities have done it, however it needs much more study and public discussion. Lang states he would like to create the Norwood Pond often or fitleen years ago, which was a great place to he. Nardella asks Lang if the D.E.P. discourages dredging. Lang states he would have to research it, but he has heard secondhand that they stopped Billings Pond dredging in Lynn field. Nardella asks, if Best Management Practices (BMPs) had been used over the past 30 years, would the pond would he in its current condition. Lang states he is not sure how to find that out, and notes that the Baystate report downplays the role of the landfill. Lang states when the testing was done for that study, it was done in a large body of water, which is not a true representation. Norwood Pond Commission Minutes September 8, 1999 Page 5 Nardella adds that a lack of maintenance, nearby septic systems and fertilization all could have contributed to the problem over a 30-year period. Nardella states he would like to have a better understanding of the issues such as BMPs and the longterm effects of BMPs and then move on from there. Lang states a possible approach could he to implement BMPs, propose a study every 5 years and then analyze the data.. Lang states you could then implement more radical changes to affect change. Kampersal states her association has been in existence since 1994, Ires done a lot of research over the years and can answer a lot of the questions being raised. Lang asks Kampersal ifsbe knows what stopped the project at Billings Pond in Lynn~eM. Kampersal responds that the contractor on the project was selling the topsoil and wasn't working as quickly as be should have. Kampersal recommends the Commission consider inviting the former Commissioner from the Conservation Commission in Lynnfield to a future meeting if he is willing to attend. Lang states he would like to know why the project stopped. , Frost believes that if the City wants to pursue restoration of the dam, the pond needs to get into the Master Plan and also should be on the Open Space Committce's agenda in order to qualify for fund& C, assidy states you have to identify the project as one of your actions and that makes it eligible for a grant application. Lang states he is not sure if be is prepared to do anything on this topic now, and Lang recommends inviting a speaker to the next meeting. Nardella states in the short-term he believes the Commission should be clear that if the dam is in fact owned by the City, the Commission should recommend implememation of at least some intermediate steps. Douglas states he does not feel uncomfortable at all about supporting preservation of the pond, and states the City of Beverly has three significant bodies of water and they are important assets. Nardella agrees with Doughs and states it is also his internion to preserve and maintain Norwood Pond. Nardella states it will cease to be a pond if no action is taken to preserve it. Martin asks Kampersal for the name of the man from Lynnfield. Kampersal states she would like to speak with him furst before offering his name publicly. Economic and Community Development Council Report Nonvood Pond Commission Minutes September 8, 1999 Page 6 McMahon states the report was finalized on September 2, 1999. McMahon explains that the report is based on assumptions and on information available today and predicts what ill happen in coming years. McMahon outlines the assumptions used in the report. McMahon states the conclusion oftbe report was "the construction of an overpass and interchange at Route 128 and Dimham Road/Norwood Pond will facilitate development of land in that area. The ECDC's conservative estimates show that the City stands to increase its commercial and industrial tax revenues by $640,000 per year... Should the area under study be developed, in approximately 20 years it would represent: 1 ) over 20°4 of Beverly's total industrial tax value, and 2) a 50% increase in the area's tax revenue paid to the City." McMahon states the Council sought the opinion of a Master Appraiser by the name of Mr. Bill LaChance. Based on the same assumptions/information used to formulate the estimate, LaChance estimated potential tax revenue to be $I .2 to $1.5 million. McMahon states the Council feels its estimate is very conservative. Martin asks if any member of ECDC opposed any pan of this report. McMahon responds that the members voted unanimously on the report. The members bad a general understanding that the $640,000 in taxes would result in millions of dollars in bond financing capacity. Lang asks what poreantage of the 50+ acres is wetlands. McMahon states the Council did not include any wetlands in its calculations: all were deducted from the area of study. McMahon states ECDC used information that is concrete and available to date. Nardella states he would like to have some time to look at the report. Nardella states the information is interesting but he has "quality of life" issues he will consider as well. Nardella states the City can stand to benefit from increased industrial tax revenues, however he dries not look at projections of industrial tax revenue as necessarily a "make or break" factor on whether or not the overpass concept is good. Nardella states he thihks this is very helpful information and it should be a factor. Martin states he would like to echo Nardella's commems. Lang states he does not agree, and that he would be willing to buy into quality of life for a few million dollars. Lang states he is still concemed that all benefiting owners should participate in funding the overpass project. Lang states he believes more people have to participate in this fmancially in order for the project to make f'mancial sense. Nardella states he does not disagree with Lang's commems at all. New/Other Business Norwood Pond Commission Minutes September 8, 1999 Page 7 Douglas brings up the issue of the conceptual plans regarding the overpass. City Engineer, Frank Killilea states there was a meeting with Maurice Wyman regarding Burger King and that Bill Lyons has iefc the firm of HTSD. Killilea states he met with HTSD this aRemoon and they explained the transition and will assign other very capable people to the project. Douglas asks if they are on a realistic schedule and thinks the preliminary ov~s design phase should he wrapped up by the end of this year. Killilea responds that the concept phase was planned to take 9 months, and that the report that Lyons gave him in June contained traffic counts and geometries. Killilea states he believes they are now involved with the environmental considerations but he has not seen a progress report recently. Douglas asks when the concept plan will be presented to the community. Killilea states he is not sure that there is a further developed plan at this point. Cassidy states that she had two members of the Commission outside of the meeting mention that they had questions and concerns regarding the overpass. Cassidy states she would like to set up a workshop where members could get questions answered regarding design issues. Douglas states he thinks there needs to be some unanimity regarding the concept plan. Martin recommends setting up a workshop for next month's meeting at the November meeting. Douglas recommends further deliberation regarding dam remediation and Best Management Practices as a subject of the next meeting. Land fill Closure IAmg asks Killilea to give a brief update on the landfill closure. Killilea responds that it is 70% complete. The cap is down over the entire 30 acres and they are putting dowfi a geocomposite material, which aids in the water running off the cap. Killilea states when that is in place, then they will start pushing the sand up on the entire membrane (end of the month) followed by topsoil. Martin asks if the cap project is on schedule. Killilea responds that it is. Lang asks if the topsoil will go on in the spring. Killilea responds that the contractor is planning to put on the topsoil this fall and that the contractor is responsible to get the grass growing, whether he does it this fall or next spring. Killilea states one of the big factors will be the weather and the contractor is optimistic that he can hydroseed this season. Norwood Pond Commission Minutes September 8, 1999 Page 8 Public Comment Martin asks if there are any comments from the public. Dan D'Angelis asks if the Commission could explain the methodology of the expert, Mr. LaChance regarding the ECDC report. McMahon reads an excerpt from the report. D'Angelis asks if he could obtain a copy of the Intemhange Feasibility Study. Cassidy states she will provide a copy to him. D'Angelis expresses interest in attending the workshop discussed earlier and asked if it would he open to the public. Cassidy responds that would be up to the members. Cassidy states there is a requirement to hold public meetings however, the workshop would not be open to the public for comments and questions - it is an informational exchange for the Commission members and the consultant. Ron Johnsen states he thinks the public should he able to go to the workshop for informational purposes. He states the overpass development would likely have negative impacts on the pond and he does not agree that the overpass would provide needed access to the pond. Kathy Burack states the overpass project opens up the Norwood Pond site to people outside Beverly and that may not be what the city wants. McMahon states she grew up in Beverly and did not know Norwood Pond existed until she was a teenager. She disagrees that the only people using the overpass would be non-residents. Burhack states she believes that if you open up access, it opens up a broader amount of people. Renee Mary, 274 Hale Street asks about Mr. LaChance's appraisal of property along Sam Fonzo Drive. Cassidy states the appraisal will be available by October. Kampersal states she has lived near Norwood Pond for sixteen years and she has seen' many changes. She states there is more noise because the Maestranzi Brothers decision to cut down part of the forest on their property. Martin states that the public will be allowed to attend the workshop, when it is held. Cassidy states the next meeting will be held on October 6, 1999. Douglas: Motion to adjourn, seconded by Lang. All members in favor, no one opposed. Motion carries. The meeting is adjourned at 9:00 p.m.