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1999-10-26City of Beverly, Massachusetts Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: PLACE: BOARD MEMBERS PRESENT: OTHERS PRESENT: ABSENT: RECORDER: Conservation Commission October 26, 1999 Beverly City Hall Chairman David Lang, Dr. Mayo Johnson, Jay Donnelly, Vice-Chairman Anthony Paluzzi, Jon Mazuy, Pat Grimes, Richard Benevento Assistant City Planner Debbie Hurlburt Jeannine Dion Chairman David Lang called the meeting to order at 7:00 p.m. Notice of Intent Hale Street- boundam delineation/Endicott College John Dick from Hancock Environmental appeared on behalf of the applicant, Endicott College. Dick stated he took a look Saturday at a swale between two wet basins, which were not flooded. He also passed through several other similar rock and circle basins, all of which were flooded at or close to the annual high water mark up to the edge of the existing wetlands. Dick stated the Commission agreed to run another calculation based on surface saturation within the wetlands. Dick stated he went back to a saturated surface soil which was clearly a wetland condition containing wetland species, however the area ofwetlands, which is isolated, is less than 5,000 square feet. Dick stated 5,000 square feet is the reporting threshold for the Army Corps. of Engineers. Dick stated what is at issue is the wetland where the fill needs to be removed but the more salient issue is whether the ravine (pointed out) is isolated land subject to flooding or not. Dick stated there needs to be a ¼ acre foot area for flooding and it has to have an average depth greater than six inches. Dick stated the last calculation showed that the flooding, estimated based on the surface saturation condition followed by a one year storm, is .23 acre feet (less than ¼ acre foot). Dick stated he also calculated the area of the vegetated wetland at approximately 4870 square feet (less than 5,000 square feet). Dick asked that the Commission, in consideration of a long closer review, close the hearing and make a finding. Lang stated he would like to speak with the consultant before closing the hearing. Conservation Commission Minutes October 26, 1999 Page 2 Joe Orzel from Gulf of Maine Research Ceuter, Inc., the independent consultant stated he had seen the calculations. Orzel stated he spoke with Mr. Dick about the acreage of the watershed area but when he tried to overlap the site plans, he could not see how it could remain 1.6 acres. Orzel stated his calculations show it roughly 2.9 acres. There was further discussion about what standard was used to perform the calculations. Lang read a letter from Renee Mary regarding an alleged illegal filing by the applicant in 1980. Mary stated the public has not had time to look at the figures. Lang responded that the submittal that the applicant had is in writing. Lang stated the Commission did not want to give the applicant credit for the volume of fill that is there. Lang stated the consultant could submit his calculations in writing for review. Mary asks the Commission to put this item off until the next meeting. A resident of 328 Hale Street questioned if the calculations would he a true representation if they were taken during a dry period. Lang responded that is one of the points the Commission is trying to figure out. Lang stated they were foxtunate that it rained heavily Friday night (before the site walk) but he is not sure if it was a one year storm event. Mazuy moved to close the public hearing, seconded by Donnelly. Motion carried (6-0- 1 ). Benevento abstained. Other Discussion with City Engineer regarding Standley Street Comlaost Facility Frank Killilea, City Engineer introduced Sean Scully the Project Engineer and Environmental Scientist overseeing the Standley Street Compost facility. Scully stated they don't know how to keep track of the compost because the operations company did not keep good records. Scully stated there are two issues to discuss. First, there is a need for additional storage area because of leaf generation and also an area for machinery to drive. Scully stated he believes half of the compost will he gone by the springtime. Scully stated he recently met with Sumner Martensen, DEP Composting Manager at the site. Martensen thought the place look much better and was pleased. Scully stated he was retained because of a Non-Compliance Order. Scully stated Martensen stated he will issue a License for Facility if the Conservation Commission issues a Certificate of Compliance. Sculty asked if the Commission would entertain a site visit and make recommendations. Conservation Commission Minutes October 26, 1999 Page 3 Lang asked if there were any questions from the public. There were none. Lang stated he is concerned about increased capacity. Lang stated the facility should have a handle on how much capacity is needed. Lang asked if the facility is open to other communities. Scully responded 'not at this time.' Lang stated he has reservations about giving mare capacity if the facility will be serving other communities. Mazuy asked if the facility is contemplating taking on other cities/tom. Killilea responds 'yes'. Killilea states the material needs to be comaposted and removed. Mazuy asked if the problem is that the compost did not become compost fast enough, or is it they don't have the facilities to remove it. Scully responded there are several issues. The owner of the business has about 5,000 cubic yards ofcorapost ready for sale. There have been discussions with the landfill contractor to purchase 5,000 cubic yards to cap the landfill, however the monetary issues have not been resolved to date. Scully stated there is a surplus of compost on site, which is accumulating at a fast rate. Scully stated the compost piles are designed in accordance with DEP guidelines, so they will be tomposting more quickly, however there is some catching up to do. Scully reiterated there is a need for at least a temporary storage facility for leaves. Lang stated that the landfill has got to be capped within the next week or two. Lang stated if the landfill is not going to happen, then the material will probably be there all winter. Lang asked if assurances could he made that the facility is going to get rid of 5,000 to 10,000 cubic yards of compost within a given timeframe. Killilea responded that could not he guaranteed at this time because the decision is a private decision between JRM, the Compost Company and the Landfill Contractor. Killilea stated the city got beth parties together and suggested they resolve their issues and get the material out because the landfill needs the material but as of last week there were unresolved pricing issues. Benevento asked for clarification about the facility bringing in compost from other areas. Killilea responded when the state issues a license to compost, the city will sit down with the compost facility manager, JRM and work out an amendment to our existing contract with them. Benevento stated if the company is having a problem selling compost now, will they he able to removed it at a later date. Benevento stated the operator should be willing to make some concessions so that he can move out the old and bring in the new. Lang agreed with Benevento. He stated there are a lot of issues that the Conservation Commission does not have control over yet the Commission is being asked to grant more capacity. Lang stated he is not comfortable granting more capacity in the same area that had three to four inches of standing water last spring. Mazuy asked if there is any way to compel JRM to move the material. Killilea responded 'no'. Conservation Commission Minutes October 26, 1999 Page 4 Benevento stated he is concerned about where the leaves will end up if the Commission does not grant a temporary permit to store leaves. Benevento stated he would consider a proposal on a temporary measure with a time constraint attached also specifying a time to move the compost out of the facility. Lang stated his concern is this is an area that gave the Commission some problem last year with standing water and it made the leaves rot and had terrible odors. Lang stated he would be willing to approve what has been done at the site but not give additional capacity at this point. Ward 5 Councilor John Murray stated that if the Commission is going to increase capacity, it should be sure there is no additional lawn waste from other communities. Murray stated he believed pressure should be put upon JRM to move the material to the dump. Grimes expressed concern about where the leaves will go if they don't go to the facility. Killilea responded they will pick up the leaves at the curbsiche and deposit them someplace within the confines of the City of Beverly. If there is no place to do so, then the city is hack into another negotiation to pay to take them outside the city. Benevento asked what the cost is to cart leaves away. Scully responded it usually costs $5 to $7/cubic yard and they are asking $10, which appears to he somewhat excessive. Mazuy asked how long the contract is with JRM. Killilea responded the contract to pick up trash, yard waste and recyclables is until 2002 contingent upon getting the state license to compost. Mazuy stated it appears it is a money issue and the Commission is being faced with a choice of allowing piles of leaves rot again over the winter, to the detriment of the wetlands and the neighborhood, or force the city to cough up some money. The Commission is going to be the 'bad guys' no matter what is done. Mazuy stated the Commission's sworn duty is to protect the wetlands. Killilea stated he is not sure if the city is going to cough up the money. Scully stated he would like to witMraw the request for additional storage and request a site visit so the Commission members can see what was done in terms of compliance. Lang asked if there were any more questions. There are none. Paluzzi moved to schedule a site visit on Saturday, November 6, 1999 at 8:30 a.m., seconded by Benevento. All members in favor. Motion carried. Conservation Commission Minutes October 26, 1999 Page 5 Discussion with City Engineer regarding !andfill Frank Killilea presented pictures of the landfill to Commission members. Killilea stated the topsoil and rip rap have been spread and the capped area has mulch down. Killilea stated the project is 85% complete. Lang commented that it looked good. Request for Determination of Applicability 2 Wadsworth Place - pool installation/John & Linda Pace A representative from the pool company appeared on behalf of the applicants. The applicants are proposing to install a pool in the backyard of their property. The representative stated he is proposing to keep all construction on the fiat plateau at the top of the slope and will use hay bales. The grade is going to stay the same and the yard is fairly fiat so there will not be any heavy filling. Donnelly asked the representative if he anticipates rock or ledge. The representative responded that it is possible, but he hopes not. Grimes asked how the pool is going to be stabilized. The representative responded that the back is stabilized now by a small rip rap wall. Benevento asked how the pool company will be handling the excavation material. The representative responded ~hat the material will be trucked out as the excavation occurs. Lang asked if there are any questions. There are none. Paluzzi moved to issue a Negative Determination of Applicability #3, seconded by Benevento. Grimes opposed. Motion carried (6-1-0). 72 Middlebury Lane - pool installation/Joe Morneau A representative from the pool company appeared on behalf of the applicant. The representative stated it is a similar situation to the previous. Mazuy asked how far the pool would be from the wetlands. The representative responded approximately 75 feet. Donnelly stated the grade plan shows a change in grade. The representative responded that there will be no change in grade. Conservation Commission Minutes October 26, 1999 Page 6 The representative stated that the sod will be taken out and hay bales will be used. Hurlburt commented that she went by the area and it is relatively flat. She asked what type of equipment would be utilized. The representative responded that atrack excavator will be used. Grimes stated this pool is a problem, too. Paluzzi moved to issue a Negative Determination #3, seconded by Mazuy. All members in favor. Motion carried 7-0. 44 River Street - co!iectinl! core samDlinl!/Mass. Electric Mark Mahoney appeared on behalfofMass. Electric. Mahoney also introduced Joe Callahan. Mahoney stated the site is in the vernacular of the Department of Environment and Protection Bureau of waste site cleanup. Mahoney stated it is a former manufacturing gas plant and moving through the Massachusetts Contingency Plan phase of investigation and remediation it is currently in phase 2, which is the investigative phase. Mahoney stated part of that phase requires evaluation of the nature and intent of the contaminants that may have originated from the site. That investigation has been completed in the upland portion of the site with regard to the soil and groundwater and some information received fairly recently indicate that there may be seven contaminants in the Bass River. Mahoney stated the purpose of this investigation is to go out and collect core samples and surface water samples. Lang asked if there were any questions. There are none. Mazuy moved to issue a Negative Determination #2, seconded by Paluzzi. All members in favor. Motion carried 7-0. Conservation Commission Minutes October 26, 1999 Page 7 14 Beaver Pond Road - septic system upl!rade/Frattaroli Carmine Frattaroli appeared before the Commission regarding septic system upgrade. Mr. Frattaroli stated he wishes to install a new septic system. The plans have been submitted to the Board of Health. The Board of Health requested some minor changes and Frattaroli complied. Donnelly stated he would like the pond protected with hay hies. Frattaroli stated he would be happy to comply with that request. Lang asked if there are any questions. There are none. Mazuy moved to issue a Negative Determination of Applicability #3, seconded by Paluzzi. All members in favor. Motion carries. Benevento moved to recess for public hearings, seconded by Paluzzi. All members in favor. Motion carries. Notice of Intents Cont.: LP Henderson Road - storage facility/T Ford Co. Mazuy moved to continue to September 14, 1999, seconded by Paluzzi. All members in favor. Motion carried. Cont.: 320 Essex Street - house subdivision (9 lots} / Appleton Estate Hurlburt stated she has received a response from the Gulf of Maine and a few changes were made. Hurlburt provided Commission members with a copy of a letter sent to Frank Killilea from Thomas Neve regarding the drainage calculations and studies and Killilea's response to Neve's letter. Lang reads both letters into public record. Lang asked if there are any questions regarding the site walk. He commented that the control structure seems to be causing some of the problem and removal of the structure might make the problem better. Mazuy stated he would approve the project as long as the project does not increase water. Mrs. Pollack, 346 Old Essex Road asked why the neighbors should be responsible for the water problems. Mrs. Pollack stated the ground is saturated and there is too much water in the area. Councilor Murray stated he has sandbagged Mrs. Collins' property to keep the water out ofher cellar. Previously Murray stated there is water coming from Route 128, from Old Conservation Commission Minutes October 26, 1999 Page 8 Essex Road and the public-works cannot keep structures clean. Murray stated the situation is a disaster now and the project will only exacerbate the situation. Murray stated he cannot endorse the project. Lang stated everyone agrees there is a problem there. Mazuy added that the issue is whether this project will affect the current situation with additional runoff. Lang stated the runoffwill be held and from Killilea's standpoint it will have no impact regarding drainage. Donnelly stated he trusts Killilea's opinion but asked if the assumptions take into consideration expanded lawns, asphalt, etc. over time. Lang responded that the applicant is proposing to put in a vegetated buffer. A member of the public stated the retention pond is not adequate. A representative of Neve Associates described the water retention structure. Councilor Murray asked if Frank Killilea has had a site visit of just looked at the calculations. Hurlburt stated she is not sure. The representative of Neve stated Killilea is 100% satisfied with the drainage calculations. The Neve representative stated he prepared a response to answer questions regarding soils data and the design of the infiltration hasin. He also met with Mr. Orzel from the Gulf of Maine Research Center. The wetland flags were moved (on lots 4, 5 and offsite) as a result of the meeting. Buffer zones were changed associated with the flags however lot development was not changed in any way. The representative stated a no disturbance zone was established on the lots within the buffer zone. The representative stated during the site visit the Commission suggested establishing a limited construction be associated with the hay bale line as shown on the approved plan. He suggested, at that time, vegetation or a picket fence of some sort that would control anybody from encroaching hack into buffer zone. The representative suggested a picket fence design. He revised the plans and requested the Commission to take a look at lots 4 and 5. He stated he relocated the hay bale lines on lots 4 and 5 to show a little more buffer zone disturbance, due to the fact that the applicant is going to propose the people never come back and file to perform work within the buffer zone. The representative stated Mr. Neve explained the numbers to the City Engineer and he has agreed that the limit of that much square feet would not affect the hydrology calculations. The representative asked that the Commission accept the plans submitted on October 26 as the record plan showing the revisions to the wetland line associated with the site visit with Mr. Orzel of Gulf of Maine and to approve the relocation of hay bale lines on lots 4 and 5. Conservation Commission Minutes October 26, 1999 Page 9 Lang asked how much additional cutting wouM take place. The representative responded 1,000 square feet of spotty woods. He added that he is not proposing to alter that area now to do construction, but if they were to impose a no cut zone for the lots, he does not want to impose a zone that would limit the people in the future and he feels a lot of the extra alterations will not affect the drainage design. The representative stated the relocated hay bale line is 23 feet from the edge ofwetlands. He added that what he was proposing at the site visit was to establish a limit so that homeowners could not clear right up to the edge of the pond. The representative stated he would not want to limit people to a ten foot backyard at this point when it is unnecessary. ]Dr. Johnson stated it seems to him that the applicant is changing the terms of what was discussed Saturday at the site visit. The representative disagreed. Lang asked if there were any more questions. There were none. Mazuy moved to close the public hearing, seconded by Johnson. All members in fhvor. Motion carried. Offshore - Beverly harbor - fiber optic installation/Earth Tech. John Vicaro from Earth Tech. appeared before the Commission to discuss the Hibernia transatlantic project. The Hihemia Project is a transatlantic fiber optic cable intended to provide a high capacity fiber connections between the Metropolitan Boston area and the European continent. Vicaro stated the project originated in Liverpool, England and ties into Ireland and comes across to Halifax, Nova Scotia and the last leg of the journey is Lynn, Massachusetts. Vicaro stated he will be within Massachusetts jurisdictional waters from Cape Anne down to Lynn Beaclk Vicaro added the cable will be buried under the ocean, will be in Beverly for .7 miles at a depth of approximately 180 - 220 feet and will he in and out of Beverly in about one hour. Vicaro showed the Commission a four strand configuration cable and stated it would enable 2 million simultaneous telephone calls. Donnelly asked what method would be used to install the cable. Vicaro provided some information to the Commission and stated that a sea plow cuts a wedge of the sea bed out about two feet wide and in one pass buries the cable and puts the wedge back on top of the cable. Mazuy moved to close the public hearing, seconded by Grimes. All members in favor. Motion carried. 261 Hart Street - force main installation/Hilary Gabrieli Conservation Commission Minutes October 26, 1999 Page 10 Jim Comeau from Hancock Engineering appeared on behalf of the applicant, Hilary Gabrieli. Comeau stated the applicant is proposing to install a two inch PVC force main in the driveway connecting to an existing 4 inch force main. Comeau stated approximately two months ago the property changed hands and the septic system did not pass Title 5 inspection. Comeau stated he attempted to secure with the Beverly Engineering Department a means of connecting the existing PVC force maim Jerry Sullivan coordinated the effort. Comeau stated currently he is about 50 feet from the bordering vegetated wetlands and added he has a hay bale and siltation barrier between the post construction and bordering vegetated wetlands. The force main is 256 lineal feet and he is proposing a one horsepower pump and a new tank to house the pump chamber. Hurlburt stated she went to the site today and distributed photos of the area. Hurlbart stated the area is very fiat, the impacts would be minimal and recommended approval. Paluzzi moved to close the public hearing, seconded by Grimes. All members in favor. Motion carried. 9 Curtis Point - rip rap slope installation/Charles Jerabek Bill Manuel of Hancock Environmental appeared on hehalf of the applicant to propose stabilizing a section of coastal bank at 9 Curtis Point Road. Manuel stated Joe Talbot from Talbot Landscaping would be doing the work. Manuel stated the waves are hitting exposed bedrock and about 20 to 25 feet above the wave action is the soil where most people have their lawn areas. There are several prominent locust trees that are on the precipice of the bank and the landowner desires to protect the trees. Manuel stated he is proposing to protect the trees and stabilize the bank by laying in large boulders against the earthen portion of the coastal bank. The proposal is to bring construction equipment around the side of the house, work from the top and lay boulders in and maintain the existing slope. Manuel stated all the work is about 10 feet above wave action. Lang asked if there are any comments from the DEP. Manuel responded that he has not seen the file number yet. Donnelly asked what is causing the erosion. Manuel responded that it is primarily gravity and frost action. Manuel stated that it is above the wave action of the ocean. Donnelly stated it is not legal to reinforce a bank along a cost unless the home is threatened. Hurlburt concurred with Donnelly. Manuel stated there are two types of coastal banks. One bank is a coastal bank that acts as a sediment supplier and the other is a coastal bank that acts as a vertical buffer to storm damage, which this one clearly is. Hurlburt suggested scheduling a site visit and waiting for the DEP comment letter. Hurlburt also suggested speaking with CZM to get suggestions. Conservation Commission Minutes October 26, 1999 Page 11 For the record Benevento informed the Commission that Mr. Talbot has done some work at his house. Benevento moved to schedule a site visit on November 6, 1999 at 9:30 a.m., seconded by Paluzzi. All members in favor. Motion carried. Certificate of Compliance: 63 Lothrop Street - DEP File #5-508/Pertort Hurlburt stated this item was continued at the last meeting. Hurlburt provided the Commission with pictures of the site. Donnelly moved to issue a Certificate of Compliance, seconded by Benevento. Paluzzi opposed. Motion carded (6-1-0). Carle/on Avenue - DEP File #5-638/Stilwell Hurlburt stated she visited the site and the site is very well vegetated and stable. Pahizzi moved to issue a Certificate of Compliance, seconded by Grimes. All members in favor. Motion carried. Carleton Avenue- DEP File #5-645/Stilweli Paluzzi moved to issue a Certificate of Compliance, seconded by Mazuy. All members in favor. Motion carried. 342 Essex Street - DEP File #5-618/Boches Hurlburt stated the lawn is well established but added there is a bridge over the wetland. Benevento asked if the applicant filed a modification of the original plan. Hurlburt responded that the applicant did not. Mr. Boches stated he did not know he had to file for a modification, but will do so if the Commission deems it necessary. Mazuy moved to continue this item until the next meeting, seconded by Paluzzi. All members in favor. Motion carded. Porter Street Ext. - DEP File 5-565/Corbelt Conservation Commission Minutes October 26, 1999 Page 12 Hurlburt provided pictures of the site and stated it is very well stabilized. Hurlburt stated the only variance the applicant is requesting is a two foot high rock landscaping wall and walkway. Mazuy moved to issue a Certificate of Compliance, seconded by Paluzzi. All members in favor. Motion carried. 6 Cavendish Square - DEP File #5-.486/Cohen Donnelly recused himself. Hurlburr stated the site is extremely well established. This has been a project that the Commission approved many years ago. Hurlburr stated the Commission has received a letter from Hancock Environmental stating the project was constructed as intended. Mazuy moved to issue a Certificate of Compliance, seconded by Benevento. All members in favor. Motion carried. Order of Conditions Hale Street - boundary delineation/Endicott College Hurlburt stated what the Commission is voting on is whether the delineation is accurate, inaccurate or modified. Hurlburt asked if the Commission would concur if the Gulf of Maine changes are made. Hurlbun stated she could hold this until the applicant revises the plan. Mazuy moved to issue an accurate delineation contingent upon the review and approval of Gulf of Maine Research Center, seconded by Paluzzi. Benevento abstained. Motion carried. 320 Essex Street - house subdivision (9 Iots)/AODleton Estates Dr. Johnson stated he was very skeptical of this project three weeks ago but aRer the site visR and reviewing the calculations, he does not think the project will make the situation any worse. He stated be is concerned about the proposal to put up picket fences rather than boulders and recommended specifying a more permanent structure in the Order of Conditions. Dr. Johnson added that cvcn if the backyards arc going to be small, maybe that is how they should he. Lang stated he shared the same view as Dr. Johnson and added the hay bales should be the no cut zone. Conservation Commission Minutes October 26, 1999 Page 13 Mazuy asked if the Commission should stipulate the size of boulders to be used for a stone wall. Benevento recommended having the applicant come hack with a plan for a more permanent structure. Mazuy moved to accept the plans with Special Conditions: 1. Establish a no-cut zone extending 20 feet inland/upland from the delineated wetland line. A physical barrier shall be located at the aforementioned location; 2. Notation on deeds; 3. Revised Plan submitted to Commission showing revisions; 4. Standard Conditions. Motion seconded by Dr. Johnson. Benevento abstained. Doanelly opposed. Motion carried (5-1-1). Notices of Intent Off shore - Beverly harbor- fiber optic installation/Earth Tech. Paluzzi moved to approve installation of fiber optic cable as proposed with the condition that they meet all State, Federal and Local regulations, seconded by Mazuy. All members in favor. Motion carried. 261 Hart Street - force main installation/HilarV Gabrieli Mr. Mazuy moved to approve force main installation as proposed with Standard Commission Conditions, seconded by Paluzzi. All members in favor. Motion carried. Other 1 Sunday Drive - tree removal/David Collins David Collins appeared before the Commission to request permission to remove three dead trees in the no-cut buffer zone. Collins stated he has already planted 11 new trees on the property since he has owned it and intends to plant another large tree in the spring. Paluzzi moved to permit cutting three trees and replacing them with at least 2 ¼ inch caliber trees, seconded by Mazuy. Benevento opposed. Motion carried. Conservation Commission Minutes October 26, 1999 Page 14 Norwood Pond - Discussion with Pamela Kampersal Lang read a letter from Pam Kampersal. Lang stated there are a lot of issues related to the pond and it seems the Conservation Commission would be a good place to get some help. Lang stated he suggested Ms. Kampersal come to tonight's meeting. Kampersal stated the pond has historical value and her mission is to preserve and restore the pond for passive recreation. Kampersal stated she is very concerned about the darn. According to Kampersal, the dam needs considerable repair. Mazuy proposed scheduling a site visit. A site visit was scheduled on November 6, 1999 at 10:30 a.m Gulf of Maine Bill Mazuy moved to pay the Gulf of Maine Bill in the amount of $1,078, seconded by Benevento. All members in favor. Motion carried. Paluzzi moved to adjourn, seconded by Benevento. All members in favor. Motion carried. Meeting adjourned at 10:25 p.m.