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1999-09-01City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: September 1, 1999 Place: City Hall, 191 Cabot Street, Beverly Board Members Present: Chairman David Lang, Anthony Paluzzi, Jon Mazuy, Patricia Grimes, Dr. Mayo Johnson, Richard Benevento Members Absent: Jay Donneily Other Present: Debbie Hurlburr, Assistant Planning Director; Mayor William F. Scanton Jr.; and Frank Killilea, City Engineer Recorder: Kim Lauranzano Chairman Lang calls meeting to order at 7:00 P,M. Mayor Scanion thanked everyone for attending and states that he is hem proposing an ice-skating rink to be built on the Vitale site which is part of the need to improve the quality of life for all Beverly residence. Mayor Scanion indicated that the Vitaie Site was not donated to the city but was foreclosed on due to non payment of taxes. He said it is far easier to keep the land in the passive state than to make it active recreational. He added that he does consider protecting the water supply is a paramount importance. The Mayor highlighted several key areas as follows: The Mayor sated that the Recreation Department wrote to his office and stated that there is a need for more recreational fields and buildings for active recreation. He went on to identify some of his key issues regarding his environmental record; in 1988 the City was told to close and cap the landfill however nothing happened until 1995 when engineering studies were started. He added that with the installation of sewer lines on Cabot and Trask Streets, the City is able to abandon old Septic Systems. He also stated that his administration insisted on a memorandum of understanding for Project Adventure. The Mayor continues on and explained that the Vitale site was foreclosed on by the City in 1980. He added that in 1988 a consent decree entered into by the former Mayor with DEP requested that the site be put under conservation restriction despite that there is not one word in the consent decree that requires that. Also, in 1988 the former Mayor was supposed to clean up the site and nothing was'done until 1997 when this administration started the clean-up The Mayor stated that he would like to transfer the Vitale site out of a piece of land under conservation restriction so it can be used for active recreation activity and he added hewouldproposeandsupportthetransferofnthercitylandtotheConservationCommission. The Mayor explains that there is lh mile between the Viiale site and Wenham Lake and that it is feasible to cause the site to drain to Conant Street away from the lake. The water supply Board regularly tests the wells and the results have been good for many years. He added selenium was found in one well with a higher reading and when it was tested again it came back under acceptable limits. He stated they will be testing the well again and he feels this land can be used for an ice skating rink. Chairman Lang thanks the Mayor and asks the members of the Commission if they have any questions. Jon Mazuy commented that the site is 18.3 acres and what is the thought for the land not being used for the ice rink. The Mayor responded that he would like to put that under the control of the Recreation Commission for fields. The skating rink should only take 8-10 acres at maximum. Tony Paiuzzi asked if the City knows how much fly ash is up there. Mayor ScanIon responded that Fly ash is not bad stuff, that it is an inert substance and often used as a base. He added that he does not have numbers on the amount of ash up there but he could probably get the numbers for you if that will'help. Conservation Commission Minutes September 1, 1999 Page 2. Chairman Lang stated that the Mayor has contemplated a type of land swap but when would he share with the community what those swaps would be. Mayor ScanIon responded very shortly. Bill Bums, Salem resident commented that Beverly is the custodian of Salem's water supply and what we do with it affects Salem. Mr. Bums roads a letter that is dated 1987 which basically stated that the land was not available for future development. Mr. Rod Danes, Wenham resident, read a report (Wells and land study done in 1988) Berium, chromium, lead, mercury and some other chemicals was found in 3 wells. He questions what is going on underneath the land. He stated that he has seen pictures of mounds of fly ash taller than him. He added that he has family and friends who own large amounts of land in Beverly and if this restfiction is lifted they would change them minds about donating it to the city. Mayor ScanIon stated that New England Power was forced to clean up the site owned by Mr. Frank Thom and at one time chemicals where found on that site, that site has been cleaned up. Mr. Richard Benevento asked the Mayor about the land swap, and wonders whether it is a 1 to I or 11/2 to I for this site. Mr. Benevento added we need to ensure that open space is maintained. The Mayor responded that he would like to think it would be a I to 1 swap. Ms. Rene Mary of 274 Hale Street - reads letter dated from 1988 from the Beverly-Salem Water Supply Board against lifting the restriction. Ms. Joan Johnson of 677 Hale Street reads a letter stating she is against Ms. Johnson also presents two other letters; one from Jonathan B. Lofing of 502 Hale Street, and Babette and Peter Loring of 573 Hale Street, both in opposition. Mr. Anthony Ellis of 554 Elliot Street states that he would like to see something done with the site but doesn't want to hurt the water supply and he is in favor if it can be done safely. A Whitney Ave. resident stated that if you listen to the experts, they say it can be done therefore he is in favor Mr. Bob Farmer commented that he moved here in the 50's, that the land is just a dump and a place for the kids to hang around. He added that if Project adventure can use the house down by the lake, lets do something for the school kids and that he is all for it. Ms. Tony Musante of 12 Willow Street read a letter from Tom Knowlton dated 1988 concerning the clean up of the site it read that the site be sealed and capped and that she is against the proposal. Mayor ScanIon stated that the work done has been done with the DEP, and the City is doing it with their complete approval. City Engineer Frank Killilea commented that Mr. Knowlton told him at the last board meeting, that if the City of Beverly drained the water from the site he would support it. Ms. Laurie Bell of 65 Dane Street asked if the site is toxic and shouldn't we make sure it is cleaned up before the rink is built. Conservation Commission Minutes September 1, 1999 Page ~. Mayor ScanIon responded that no remedial action would be require and that sometimes the solution to pollution is delution. He added that the tests being done now in the wells shows there is nothing there in a concentration that requires remedial action that this could be developed and if the City did build and put down asphalt this would seal the fly ash and that would be a good remedial action. Mr. William Cahill of Robin Road stated that his is a "Hockey Dad" but if there was any threat to the water supply that would concem him much more than not having an ice rink. Mr. Cahil added that the whole area has been greatly improved by the clean up efforts and the new sewer line and he is intrigued by the increased opportunity for the youth in our city if this property was developed. He believes that as it is now the property has no great value to anyone and that he is in favor of developing, if the water supply is not affected. Councilor-at-large Peter Gilmore asked for the status on Ford's application. Councilor Gilmore commented that his concern is that the more use of this area contributes to our water supply and how it is affected. He added that oil and gasoline from cars going up there, is an issue, and what will people store in the storage areas and can we control this? He added the city will be irresponsible to allow the over development to this area and it is the Commission' s responsibility to prevent the over development of this area to protect our water supply. If we redirect the flow of run off to the Bass River than we will be polluting the Beve~y and Salem Harbors. He is opposed. Mayor Scardon commented that the mn off won't be polluted that all kinds of measures have been and will be taken to make sure this is safe. Mr. Chris Wood of 46 Trask Street commented that he is not against a Hockey rink but more concerned about the run off being redirected. That in the spring the back yards of the people living on Trask Street are flooded and will this bring more water to this area? Mayor ScanIon responded that if project is done this will not worsen your problem but will improve your problem and that the City is sensitive to the water problem you already have. Mr. Bill Coughion of 84 Frankwood Avenue stated that he has lived in city for 25 years. City Engineers assured him that any drains going up there will be well taken care of and will not have a problem with the sufface waterbut ground water is another question, You cannot control that. Ifwepass thisup and the other areas are developed we will be hurting the youth of Beverly. We are so far behind with our fields and activities for the kids. He is in Favor Mr. Tom Black of 9 Bertram Street stated that he is a hockey parent and a Water Resource Engineer that this is not that big of a Engineering problem that we are faced with that he encourages the Commission to look at the current studies before they make a decision and that he is in favor of building a rink but also in doing it in such a way that we will be protecting our water supply at the same time. Mr. Bill Swifi of Cabot Street questioned whether the rink will be financed by the City of Beverly or will it stand on its own also if tlfe City does this can there be restrictions so it can be reverted back to conservation land if it is not being used for Active Recreation Activity and his final question is if the City finds that this is a Hazardous waste site will the city of Beverly do something to clean it up with guarantee that there are no toxins up there before building ice rink. Mr. Swift further commented that maybe we should consider the Cummings Center for an alternative location for the ice rink, and lastly I would like to recommend that you reappoint David Lang as Chairman. Conservation Commission Minutes September 1, 1999 Page 4. Mayor Scanion responded that Mr. Lang will be reappointed. He added his request was that the land be used for Active Recreational purposes, that the City intends to take no financial interest in building or operating the rink and that there are a number of people interested in doing this. Mayor ScanIon added that it has been discussed that the city would get a certain amount of flee ice time and a certain amount of discount ice time and that the Cummings Center is not possible at this time. Mr. Nathan Zoll of 4 Orchard Street questioned why so much energy has gone into this and that he is against the proposal. Ms. Mary Roderick of 14 Peabody Ave. commented that she wants to retain the land as conservation, that the Conservation Commission doesn't have the right to change it and that our water supply is important; therefore she is against the proposal. Mr. Jack Quigley of 31 Bertram Street commented that this shouldn't be hockey against the water supply that this should be the guarantee safety of the water supply that the kids would be the victims if we make a mistake and we are wrong about the toxins and that he is opposed to the projeet. Chairman Lang asked for a show of hands for and against the project. Mr. Phil Dunkelbarger of 2 Leather Lane agrees with Mr. Quigley, that we have to be absolutely certain about the water supply. If the Commission approves this, will there be other agencies that have to approve this before the project begins and does anyone else hold vito power over the project. Mayor Scanion responded that the City Council, the State Legislature and the Beverly/Salem Water Board will have Vito power. Mayor ScanIon added that he will support all agencies decisions. Mr. Dunkelbarger asked if tnken out of the Conservation Commission jurisdiction how will it than be zoned? Mayor Scanion responded that what he has requested is that it be set aside for active recreation purposes only. Mr. Dunkelbarger asked if there is a specific zoning. Planning Director Tina Cassidy stated that there is no need for rezoning that it will remain IR Zone. Mr. Dunkelbarger asked if the city will transfer ownership to a private entity. Mayor Scanion responded I don't know were you got that but the city does not have plans to do that. Again what is being asked is the commission set aside this land for active recreational purpose only. Mr. Dunkelbarger asked if the facility will pay taxes. Mayor Scanion responded yes we would certainly work things out so we got the impact of taxes from the facility, and that could mean free hours of skating. Mr. Dunkelharger asked if they will own the building and the city would own the land. Mayor Scanion responded yes. Mr. Dunkelbarger asked will these details be written out. Mayor Scanion responded yes. Mr. Dunkelbarger asked when will they be available. Mayor ScanIon responded as we go forward. The question is tonight whether we will move this land from conservation to active recreational land. Conservation Commission Minutes September 1, 1999 Page 5. Ms. Kate Davis of Woodbury Street stated that she is worried about the water supply, and asked please take everything in cons deration, and look at it very carefully. Chairman Lang commented that the Commission can put restrictions on the building. Councilor-at-Large Peter Gilmore commented that what is being discuss tonight scares him, and that the Commission should not limit themselves to th s one site, look at others. Chairman Lang stated that the Commission plans to discuss this at their next meeting on September 1 Mr. Gary Moore of Salem commented that this was considered a dangerous site in 1987 and that he applauds the action taken in 1987 to clean up and cap this site and turn it over to the Conservation Commission. Mr, Todd Lamphot commented that what he has learned living in this city is that Beverly hates change. Then goes on to state if it is not safe and we will hurt our water supply lets forget it and go home, but if it is proven safe - lets do it, right now I see a dump and we can make it look better. Mr. Jack Moss of 9 locust Street is a Hockey parent. He commented lets do something right go by today's studies not the studies from 20 years ago. ' Mayor ScanIon commented that phase II was done with strong input from the DEP and the city is doing Phase It with strong input from the DEP. The City has done a lot of testing on this site, and this testing has not been all that bad. Chairman Lang commented that the Commission received a call from Leslie Cubic today and she wanted the Commission to know she is against the proposal. Chairman Lang thanked everyone for participating and closed the meeting. Meeting adjourned 9:30 P.M.