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1997-08-19Beverly Conservation Commission Minutes of Meeting August 19, 1997 A regular meeting of the Beverly Conservation Commission was held on Tuesday, August 19, 1997 at 7:00 p.m. in the Council Chamber at Beverly City Hall. Those present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Pat Grimes, JOn Mazuy and Jay Donnelly. Also present was Assistant Planning Director Debbie Hurlburt. REOUEST FOR DETERMINATION OF APPLICABILITIES Continued Public Meeting - 198 Common Lane / Peter Farmer Peter Farmer addressed the Commission and reviewed with members the revised plans that he had submitted indicating existing and proposed topography. Jay Donnelly indicates that there is a narrow ditch that is on the plan that connects wetland C to wetland A, and asks where that ditch is in relation to the site walk that members took eerlier in August. Mr. Farmer responds that the ditch runs along the wall into a pooling area. Chairman Lang asks in relation to the work for filling and cutting, where are they shown on the plan. Mr. Farmer responds that the areas are marked on the plan. David Lang states that any ennstmction activity outside of the 65' line seem unrealistic. Mr. Farmer responds that there is a gentle slope. Jay Donnelly asks what are the proposed elevations on the driveway. Mr. Farmer responds that the driveway stays pretty close to what currently exists. Tony Paluzzi asks if there will be a paved driveway. Mr. Farmer responds that currently his plan is for a hard-packed driveway, but it may be possible that in the future he may have the drive paved. Tony Paluzzi asks Mr. Farmer that if the driveway is going to be paved, has he looked at the increased flow. Mr. Farmer responds that the area has a gradual sloping to it and that he doesn't see any the runoff to be substantially increased. David Lang points out that the contours go from 87 to 82 which is a 5 foot change. Mr. Farmer states that he will be filling in a little in front of the house. Mr. Farmer adds that the driveway will be at foundation level and that he will be cutting off 3 1/2' of the knoll to make a section of the driveway. Tony Paluzzi makes a motion for a Negative Determination #3. There was no second. Jon Mazuy makes a motion for a Positive Determination, seconded by Jay Donnelly. The motion carries 4-0 (Lang, Grimes, Donnelly & Mazuy) with 1 abstention (Paluzzi). Chairman Lang states that he believes that a further filing is necessary to discuss the issues of blasting, the existing and proposed contours, and the storage of materials. Motion made by Jon Mazuy to adjourn for Public Hearings, seconded by Pat Grimes. PUBLIC HEARINGS - NOTICE OF INTENTS Continuation: Virginia Avenue Extension/Site prep & roadway/Jones Sally Newman of Wetlands Preservation, Inc. intxeduced herself to the Commission. Ms. Newman updates the Commission and states that the plans fi~r Virginia Avenue Extension reflect the changes asked by the Commission; and that is to remove the pipe and the rock swale. Ms. Newman adds that as a result of the site walk the applicant will add more silt screen and haybales. Ms. Newman states that the area to be planted will be the next step. Pat Grimes asks if there will be an energy dissipator for the detention basin and what will be the inflow. Ms. Newwan responds that the Engineers do not feel that there will be a big inflow. Pat Grimes asks if there will be any sediment buildup. Ms. Newman responds that the system will have to be maintained. David Lang asks that at the time of design, did the Engineers determine the inflow. Ms. Newman responds that they did in fact determine the inflow and that they were all in the drainage calculations. Curtis Jones adds that there will be a deep well installed prior to the entrance into the detention basin. Tony Paluzzi asks what size crushed stones will be utilized on the bottom of the basin. Jon Mazuy asks what type of dewatering methodology will be used. Ms. Newman responds that they will be the usual type with a stone bed with haybales surrounding it. Jay Donnelly asks for the applicant to specify what the size rock swale will be at the inlet. Mr. Jones responds that there will be a variety of rocks with 6-8" diameter. 2 Chairman Lang asks if the anyone from the public would like to speak on this issue. Frank McGee of 6 Kathleen Drive asks where the lot lines were for lots 5 & 18. Ms. Newman explains that although the lots are advertised as 5 separate lots, that this is before the actual lots are on the Assessor's Map show the subdivision. Pat Grimes asks if there will be more stockpiling. Ms. Newman responds that she doesn't believe that any more material will need to be stockpiled but if there is any it will be located to the left (as you enter the property) of the proposed entrance. Jon Mazuy makes a motion to close the Public Hearing, seconded by Tony Paluzzi. All members in favor. Motion Carries. New: Virginia Avenue Extension - House lots 1-5/Curtis Jones Sally Newman of Wetlands Preservation, Inc. introduces herself to the Commission and states that this proposal is for a 5 lot subdivision off Virginia Avenue which falls within a buffer zone. Ms. Newman states that the property touches some weftands. Ms. Newman adds that to the west of the stone wall is the back of the property and that any clearing would be to the wall. Ms. Newman adds that some vegetation will be disturbed behind the detention pond and that the applicant will be happy to do any plantings that may be disturbed to the northeast and south. Ms. Newman states that the foundation will be at grade and no blasting is anticipated for these lots although some may be needed for the street. Jay Donnelly states that it appears that the cellars on lots 1-3 are at grade 33 and the elevation of the BVW is 40. Mr. Donnelly adds that the proposal specifies that the basements are to be 7' below the BVW and this could cause considerable dewatering and flooding in the future. Mr. Donnelly adds that this could require the homeowner to have sump pumps in the basement, and that he would like to see some type of way or system to keep the basement dry. Ms. Newman responds that she will look into this matter. Jay Donnelly states that the proximity to the proposed pools and decks are very close to the BVW and he would like to discuss this issue. Ms. Newman responds that they can put a physical boundary there to indicate boundary such as trees or shrubs so that there will be less likely any encroachment. Chairman Lung states that with the proximity of the deck to the BVW, it could lead to eventual filing for a bigger lawn. Tony Paluzzi states that in regard to lot 3 what will happen to snow removal at the end of the driveway, and that it should not be plowed into the wetland. David Lung adds that the snow plowing will eventually end up in the wetland due to groundwater permeation. Jay Donnelly states that he would like to see a detail or design With the pumping system. 3 Chairman Lang states that he would like to see any wetlands within Beverly placed on the plans that are west of lots 3 and 4. Ms. Newman responds that she will check them out. David Lang adds that he would rather see the each individual lot owner before the Commission for their own pools. Chatis Jones asks if the Commission is OK with the decks. Mr. Lang responds that the Commission should look at them all. Jay Donnetly adds that the decks are not necessarily acceptable. Mr. Lang states that he does not have as much of a problem with the decks as he has with the pools. Jon Mazuy states that house lots 4 & 5 have basements that are lower than the wetlands. Chairman Lang asks if there is anyone in attendance that would like to speak on this proposal. There was none. Tony Paluzzi made a motion to continue the Public Hearings for Lots 1-5 to September 9, 1997, seconded by lon Mazuy. All members in favor. Motion carries. New: 36 Lexington Drive. Longview Terrace, Walden Street and 39 Tozer Road/IT Corn. Val Miller of IT Corporation introduces herself to the Commission and states that she is before the Commission tonight to seek permission to install monitoring wells at 36 Lexington Drive, Longview Terrace, Walden Street and 39 Tozer Road. Ms. Miller states that this is Phase II Site Assessment work for property located at 150 Sohier Road as part of the regulations of the Department of Environmental Protection. Ms. M~ler adds that part of Phase II require that a delineation of where the contaminated plume may be located. Ms. Miller states that Walden Street which is north of the Varian site, the groundwater generally flows west and southwest and that they are trying to get to a point north of the pmpcn'ty where there is no contamination. Ms. Miller states that there will be 3 wells on Walden Street; one shallow, 2" in diameter, 20' deep; one 4" in diameter, 60' deep; and one into the bedrock 100' deep. Ms. Miller states that she must dell, mine the flow at shallow, mid and bedrock levels and that each section will have their own groundwater flow. Ward 5 Councilor Bill Coughlin asks if the intention is to make sure that there is nothing north of the Vatinn property as part of the Phase II process. Councillor Coughlin asks if these wells will interfere with anything else. Ms. Miller responds no. Chairman Lang asks if they are finding anything in the past and if this is a PIP site. Ms. Miller responds that this is a PIP site and states that there have been no PIP meetings held but that she has talked to neighbors. David Lang asks if there are two separate tongues for this plume. Ms. Miller responds yes, and that they appear to be shallow. 4 Ms. Miller states that to the west of the site there appears to have been some health risks, and that they needed to act immediately and had surveyed most neighbors for sump pumps, however they need more groundwater data. Councillor Coughlin states that he believes that residents on Mark Road have been notified but why would Walden Road residents not know. Coughlin adds that Longview Terrace is upstream from Mark Road. Ms. Miller responds that Mark Road is expected to be upgradient in their results from the Varian site. Councillor Coughlin asks how residents can find out more about this issue. Chairman Lang responds that the Commission can request that information be sent to the Commission. Joan Murphy of 36 Longmeadow Road asks if there are any wells in this area. Ms. Miller responds no. Mr. Joe Swindall of 1 Mark Road asks why are they not checking over the railroad tracks toward the brooks. Ms. Miller responds that they need to go further north furst. Ms. Miller explains the different type rigs that will be used for this project. Chairman Lang asks if the Commission could have the results from the testing within 30 days. Ms. Miller responds that it would not be a problem. Chairman Lang asks if there is anyone else who would like to speak on this issue. Tony Paluzzi moves to close the Public Hearing for 36 Lexington Drive, seconded by Jon Mazuy. All members in favor. Motion carries. Tony Paluzzi. moves to close the Public Hearing for Longview Terrace, seconded by Pat Grimes. All members in favor. Motion carries. Tony Paluzzi moves to close the Public Hearing for Walden Street, seconded by Jon Mazuy. All members in favor. Motion carries. Tony Paluzzi moves to close the Public Hearing for 39 Tozer Road, seconded by Jon Mazuy. All members in favor. Motion carries. New: 2 Margin Street / Jeff Bunk Chairman Lang recuses himself from discussion on this matter. Vice-Chairman Tony Paluzzi assumes the chair. Attomey Thomas Alexander introduces himself m the Commission and states that the project consists of tearing down the existing dilapidated wharf and bull-head. Attorney AleXander states that historically this was licensed in 1904 by the Board of Harbor and Assessors for bulkhead and fill, and in 1912 the wharf area was added. Attorney Alexander states that the Bowl-O-Mat has received an Order of Conditions earlier in the year to do primarily the same kind of work. Attomey Alexander states that in April 1996, DEP cited the previous owner for unsafe facility and was not able to respond to DEP's requirements, and on May 12, 1997, Mr. Bunk bought the property, and that part of the purchase agreement was that Mr. Bunk would work with DEP to work on a plan to remediate the area. Attorney Alexander states that the project consists of taking down the structure that is dilapidated and to fix the bank where a chunk of the shoreline has been washed away. Attorney Alexander adds that pending before DEP is a permit application to rehabilitate the shoreline which also needs the Commission's approval. Jay Donnelly asks if they propose a wharf. Jeff Bunk responds no only surficial proiecting. Jay Donnelly asks what kind of fill will be used. Mr. Bunk responds clean fill. Jay Donnelly states that there is currently asphalt in there now and what will happen there. Mr. Bunk responds that it will be removed. Tony Paluzzi asks if the ramoval of the wharf and bulkhead will be via land or barge. Attorney Alexander responds that he is not sure at this time. Tony Paluzzi asks the time flame for this project. Mr. Bunk responds one week. Jon Mazuy asks what is the sequence of operation. Mr. Bunk responds that first there will be wharf removal, then removal of rotting bulkhead, then rip-rap and finally stabilization of the slope. Jay Donnelly asks if the profile is the same as the Bowl-O-Mat. Attorney Alexander responds yes. Tony Paluzzi asks if there will be a boom around the site currently. Mr. Bunk responds no. Vice-Chairman Tony Paluzzi asks if there is anyone in attendance that wants to speak on this project. There is none. Jon Mazuy motions to close the Public Hearing on this proposal, seconded by Pat Grimes. All members in favor. Motion carries. 6 New: 7R Ober SUeet/Avallon Mr. John Dick of Hancock Engineering addresses the Commission and states that in 1995 Mr. Avallon was before the Commission for the rebuilding of a seawall, and that now the repair work is completed they are going to be seeking a Certificate of Compliance which he will discuss further later. Mr. Dick states that the seawa!l incorporates the V-Zone and part of the yard is in the process of ongoing erosion. Mr. Dick adds that the resource area is bounded by the wall. Mr. Dick states that the seawall is 2' higher from the site than what was originally proposed, and that there are weep holes in the wall. Mr. Dick states that there will be a continuous silt fence placed between the wall and the land, and that this new proposal calls for a swimming pool with landscaping. Chairman Lang asks if the existing wall is a poured wall. Mr. Dick responds no. Jay Dounelly asks what happened to the old wall. Mr. Dick responds age had deteriorated it. Mr. Dick states that the wall is primarily a revemaent. Members discuss a site visit for September 6, 1997 at 8:30 a.m. Chairman Lang asks if there is anyone else that would like to speak on this proposal. There was none. Tony Paluzzi made a motion to continue the Public Hearing on this project to September 9, 1997, seconded by Pat Grimes. All members in favor. Motion carries. Old Business: 3 Wilson Avenue/Modification/Hawkes Tim Bany of Hugh Collins Design introduces himself to the Commission and states that the Commission had approved this project earlier this year and that they are seeking a modification from the proposed grade of 60 to 54. Tony PalnrA motions to approve the modification request for 3 Wilson Avenue, seconded by Jon Mazuy. All members in favor. Motion carries. Old Business: Shortmeadow Road/Boris Debbie Hurlburr stated that some Commission members conducted a site visit to Shocuneadow Road and mentioned that the plans that were submitted for Shomneadow Road did not indicated a section of fence to be installed at the other end of Shortmeadow Road. Ms. Hurlbutt states that it is her recollection that Mr. Boris stated that he will clean up..that area and install a fence to deter further dumping from occurring. Ms. Hurlburt states that Mr. Boris' Attorney is available this evening and that Attorney Alexander should discuss this with his client to find out if he will clean up area and fence. Attorney Alexander states that he will. Old Business: 9 Dodge Street/Ron Morse Debbie Hurlburt states that she has sent Mr. Morse a letter requiring that he clean up that area that is encroaching into the wetland, and has not received any response. Ms. Hurlhurt states that it was indicated in the letter that the Commission may consider an Enforcement Order if he did not respond. Jon Mazuy motions that since there has been no response then the Commission should send an Enforcement Order indicating that Mr. Morse shall clean up the currently affected buffer zone contiguous to the wetland and define the boundaries, seconded by Tony Paln77i. All members in favor. Motion carries. New Business: IT Corporation/Varian Chairman Lang states that he would recommend that the Commission take a look at the brook that is at Tozer Road because it is bright red, and that perhaps that Commission should request a PIP meeting. ORDER OF CONDITIONS Virginia Avenue Extension/Curtis Jones 1. Standard Conditions; 2. Sediment and grease traps shall be maintained two times per year; Replication area for DEP File #5-583 shall be planted prior to commencement of this filings work; 4. A siltation fence shall be included along with the haybale erosion control structure; A dewatering detail shall be submitted and approved by the Conservation Administrator prior to any construction activities; The inlet area of the detention pond shall be twenty-five (25) square feet in area with 6-8" diameter crashed stone; 7. Stockpiled material shall be placed in the southeast portion of the property; 8. Herbicides and pesticides are prohibits; Street sweeping shall occur WEEKLY from April 1 through November 30; and Applicant shall stockpile an extra 100 bales of hay. Tony Paluzzi motions to accept the proposed conditions, seconded by Jay Donnelly. members in favor. Motion carries. IT Corporation - Longview Terrace & 36 Lexington Drive 1. No containerized water from proposed work shall be stored on site; 2. Analytical date shall be submitted to the Conservation Commission and Board of Health within 30 days of testing; 3. If anything other than the proposed push method is utilized, applicant must install haybales around the drilling machine; 4. Applicant shall notify the Conservation Administrator in writing 48 hours prior to commencement of activity. IT Corporation - 39 Tozer Road & Walden Street 1. No containerized water from proposed work shall be stored on site; 2. Analytical data shall be submitted to the Conservation Commission and Board of Health within 30 days of testing; 3. Haybales shall be installed around the drilling machine; 4. Applicant shall notify the Conservation Administrator in writing 48 hours prior to commencement of activity. Tony Paluzzi motions to accept the proposed conditions for IT Corporation, seconded by Pat Grimes. All members in favor. Motion carries. Jeff Bunk - 2 Margin Street 1. Standard and Coastal Commission conditions 2. The placement of rip-rap at the toe of the slope shall occur at low tide. The placement of rip-rap shall always occur above low tide; 3. All wood, asphalt, and metal shall be removed form site; and 9 4. No haybales or silt structures are necessary. Jon Mazuy motions to accept the conditions for 2 Margin Street, seconded by Tony Paluzzi. Motion carries 4-0. Enforcement Order ratification David Lang states that he has issues an Enforcement Order for Symes Associates for the maintenance of the site at portions of Maplewood Subdivision. Debbie Hurlbun states that members need to ratify this action by the Chairman. Tony Paluzzi motions to ratify the Enforcement Order issued by David Lang, seconded by Jay Donnelly. All members in favor. Motion carries. Minutes The approval of minutes have been postponed to the September 9, 1997 meeting. Adjoummant A motion was made by Tony Paluzzi to adjourn, seconded by Jon Mazuy. All members in favor. Motion carries. 10