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1999-06-29City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: June29, 1999 Place: Bevedy City Hall, Coundl Chamber, 191 Cabot Street. Board Members Present: Chairman David Lang, Anthony Pal-77i, Jon Mazuy, Richard Benevento (7:35 P.M.), Patricia Gdmes, Dr. Mayo Johnson Board Members Absent: Jay Donnelly Others Present: Debbie Hudburt, Assistant Planning Director, and Frank Killilee, City Engineer Recorder: Tmnsc4'ibed by Carol A. Pearce Chairman Lang calls the meeting to order at 7:00P.M. Request for Determination of Applicability 495R Cabot Street - Area Determination & Building Construction/Ewaschuk George Zambouras states some additional topo was shot in the area to batter define the area. He states the inverted pipe was found and the elevation is 35.12 with a .001 slope. He states the location here is below 37 and faidy wall matches the area where people said they wore flooded. He further notes that as per DEP guidelines, one of the parameters to be met is to establish two drainage areas, one which comes along the back side of the building to Roosevelt Avenue, and that the remainder of the ares flows to an additionel catch basin. The remainder of the property is faidy flat. He notes that Sub-Ares B during a one- year event would have a discharge of 1.1 cubic feet per second, and Sub-Area A has a discharge of 0.2 acre feet per second, with the pipe at an elevation of 36.4 with a total volume of .002 cubic feet which is woll below the guidelines. He notes DEP policy 85-2, which was updated in March 1995 further, identifies what conditions have been met. Tony Paluzzi feels it would ba advisable to have the drainage system reworked prior to construction of the second garage. Jon Mazuy wants to know if the pipe is capable of carrying the amount of water experienced in the past, and Mr. Zamboums replies the pipe is capable of carrying that amount of water if the pipe is clean, but he adds that in its present condition, it is net. He notes that in shallow ground, it would be better to lay a second pipe along side, rother than incressa the size of the existing pipe. Conservation Commission Meeting Minutes - 6/29/99 Page 2. Chairman Lang thinks the possibility of flooding will be greater, and states he is not in favor of this as it is presently defined. There being no further comment from the Board, Chairman Lang asks for questions or comments from the public. Waiter Ewaschuk indicates that after he met with City Engineer Frank Killilee, he was of the opinion that the City would install additional lines to Roosevelt Avenue. Environmental Consultant Paul Sommer questions where the 12-inch drain pipe ultimately discharges, and Mr. Zambouras replies it comes down and goes into the Cabot Street system and then goes down through Memorial Field and down that direction. Mr. Sommer notes the Commission is being asked to give a negative determination therefore abrogating any jurisdiction on development on this site. He notes if the Commission gives a negative determination of applicability, they don't have to file, then they are approved. He states there is a concern about flooding and he hopes the Commission would allow the environmentalist end their consultent to review all documents prior to taking any action. He says he does not believe it is isolated land subject to flooding. He feels there is a defined channel, which does support obligate species and believes there are hydric conditions present. He feels there are two jurisdictional issues and with an extension of the brook, there would be a third issue and feels the Commission should consider whether the concerns with flooding are issues that should be very carefully addressed. He further notes he would like to be able to review the information presented including a copy of the plan which was presented and therefore requests that the matter be continued, and that Commission look very carefully to the Act. Mr. Zambouras states that by the Commission agreeing that work on the second lawn nccds to be done, if the Commission determines the area is not applicable to the Act, then the Commission doesn't have this jurisdiction. He states his second point is that Lower Shoe Pond is within the radius, a second water body has radius, and enother water body has radius, and wants to know if every inch of the City of Bevedy is subject to the Act. John Vater, 505 Cabot Street states that years ago in the back of his house were wetlands. He states that he has been before this Commission in the past and agrees the Commission cannot scrap the issue of jurisdiction end would hate to Conservation Commission Meeting Minutes - 6/29/99 Page 3. see the Board lose potential jurisdiction which could change because of the Planning Board or other Boards, and says if you give up jurisdiction, you're done. Mr. DiPaolo states he understands the concerns about flooding but states his parents build a home down there years ago and the present house doesn't have any flooding problems and feels present flooding on Cabot Street doesn't necessarily relate. (Mr. Benevento joins meeting 7:35 P.M.) Mr. Mazuy makes motion to issue a Positive Determination #1 and close the headng. Dr. Johnson opposed. Mr. Benevento abstains. Motion carries 4-1. Pool Installation - 5 Pilgrim Heights - Pool Installation/Ecian Mr. Dunner says his wife is Susan Egan who is having hip replacement surgery and on the request of her doctors they picked a space here which separates the land from filled wetlands and the Bass River. He states that any areas, which were disturbed, were replanted in grass. He further notes he stopped construction because he did not realize he needed a permit for an aboveground pool. Mr. Paluzzi notes that all excavated material shall be placed behind the rock well. There being no further questions or comments from the Board, Mr. Lang asks for questions from the public, and them are none. Motion made by Mr. Banevento to issue a Negative Determination #3, seconded by Mr. Mazuy. Motion carries 60. 17 Victor Avenue - Sidincl Installation & Tree Removal/Pal, ,--i Mr. pai,r-,i states them is a brook that runs along the side of the garage on his property and that there are two large trees and one of the trees is actually coming out of the brook. He notes there is a rock wall that was built when the house was constructed 4050 years ago and he wants to side the garage to match his house. He states the stumps will remain. He further notes one is on the edge of the brook, one is 5 to 6 feet away, four feet from the garage. There being no further comment or questions from the Board, Mr. Lang asks for questions or comments from the public. Conservation Commission Meeting Minutes - 6129/99 Page 4. Joan Murphy, Longmeadow Road, asks how the trees will be taken down, and Mr. pah n. Ti says they will be cut. Mr. Benevento makes a motion to issue a Negative Determination #3, seconded by Ms. Grimes. All other members in favor, motion cardes 5-0. Hale Street - Boundan/Determination/Endicott College (Haves) Mr. Benevento recused himself from_participation in the discussion. David Lash, of the Children's Montessori School, indicates they have entered into an agreement with Endicott College to build on a parcel of land owned by Endicott College. He states ten years ago the ares was flagged and has not bean updated end they are trying to get the process started. Libby Hayes of Hayes Enginc~,ing is requesting the Commission to make a determination of the site. She states there is a parking lot at the bast of Hale Street. She further states the resource aress are bordering vegetated wetlands and the dverfi'ont area. Ms. Hurlburt recommends that Hays file the new application as a Notice of Resource Ares Delineation. Ms. Wallace said if that is the wish of the Commission, then she will. Mr. Lang recommended filing that way. Mr. Lash states his hope would be that the Commission would come out and visit the site and be dear on the boundaries before they begin work. Renea Mary, 274 Hale Street, wants to know where the property line is and wants to know how big an ares is being reviewed, to which Mr. Lash replies 9.4 Jonathan Loring questions if consideration was given to the ledge outcroppings and wants to be able to see the ares where the ledge is. She feels the brook flows into the Centerville Creak. Mr. Mazuy makes motion to continue the hearing, seconded by Mr. Paluzzi. All members in favor, motion carries 5-0. Notice of Intent - 3 Moman's Island Road Pat Grimes recused herself from discussion. Conservation Commission Meeting Minutes - 6/29/9g Page 5. Dabble Huffbud states that Mr. Dionne is seeking an extension of his Notice of Intent until DEP can rule on it. Motion by Jon Mazuy to continue to August 10, 1999, seconded by Tony Paluzzi. All members in favor, motion carries 5-0. Notice of Intent - L. P. Henderson Road Debbie Hudburt states she has received a letter seeking an extension to the Commission's meeting in October. Motion by Jon Mazuy to grant an extension to the meeting in Octdoer. All members in favor, motion carries 5-4) (Mr. Lang recused himself). Notice of Resource Area Delineation - Endicott Collecle - Hancock John Dick introduces himself to the Commission. He states that this delineation is for the determination of two federal wetlands and 15 flags showing a bordering vegetated wetland. He stated that he would like the Commission to conduct a site inspection and review the area identified. Debbie Hudburt stated that the Commission was only to review the two federal wetlands and if Endicott wanted the BVVV to be included, that she would have to readvertise because that wasn't included in the legal ad. John Dick concurred, but asked if the Commission could still set a site visit to the area. Mr. I.ang responded that they could. Renee Mary of 274 Hale Street provided photographs to the Commission showing what appears to be a filled area. Jonathan Lodng of Hale Street stated that he is very concerned with this area and hopes the Commission will take their time in reviewing the site. He believes the wetlands are bigger than what is suggested. Tony Paluzzi made a rnotien to continue this meeting to the July 20th maeting with a site inspection on July 10th, seconded by Jon Mazuy. All members in favor, motion carries 6-0. Notice of Intent - 476 Essex Street Conservation Commission Meeting Minutes - 6/29/99 Page 6. Brian Boches, the applicant, indicates that this will be a house 28 feet by 40 feet with a walk out at the rear and vsy little grading. It will be filled in front to bdng the property up to grade. It is 30 feet from the wetlands at its dosest point, and perhaps a post and rail fenca could be installed to delineate the property. Tony Paluzzi recommends a site inspection and the four corners of the house layed out. Mr. Mazuy makes motion to continue this matter until the July 20 Commission meeting with a site inspection done by each Commissioner at their availability, seconded by Mr. Benevento. All Commission members in favor, motion carries 6-0. Notice of Intent - 240-250 Elliott Street Mr. Benevento recused himself from participation in this discussion. Attomey Tom Alexander introduces himself to the Commission as wall as the representatives from LLEC and Meridian Engineering. Jennifer Neville of Meridian introduces herself to the Commission. She states that 90% of the sheet flow from the site goes to the Bass River and that they will use sand filters. She states that they will achieve the 80% TSS removal. Chairman Lang asked about the construction sequence. Attorney Alexander responded they will first seek financing for the demolition which will be phased. Mr. Lang states that he would like to see the cross section of the pipes exiting the site, and see how far out the pipes or the flow goes. Greg Moore of LEC Environmental states he feels everyone is aware of the situation and potential flooding, and indicates there are five resource areas to be considered, the first being the riverfront area which involves activities which are included in Chapter 91, and a coastal bank. He notes the other resource ereas are BLSF, LCFS, and LCVWV. Mr. Moore further indicates that landscaping and shrubs will be utilized in these areas. Mr. Lang asks for additional questions or comments from the public. There being none, he reads a letter from the Beverly Harbor Management Authority. Attorney Thomas Alexander, representing the Marciano Bass River Trust, states the letter was very specific in the point that local permiffing should be accomplished first. He notes they plan to comply with Chapter 91 and notes that ConservationCommission Meeting Minutes - 6/2g/99 Page 7. any changes at the site would require Chapter 91 revision, and if it is the Board's desire to have a Condition, they would be so agreeable. George Whitney, Chairman of the Bevedy Harbor Management Authority issues a word of caution noting a similar experience last year, a result of which substantive changes had to be made to the plan. Thomas Alexander states the process includes four or fNe different permits, and if they are required to modify any as a result of Chapter 91, they will do so. Bill Shailor feels the Commission should go behind the building when they do their site visit to get a complete picture of the situation. John Powers of Elliott Sb'eat states that after a review of all available information, he is in favor of the project. Joan Murphy, 36 Longmeadow Road, feels consideration should be given to having walkways around the entire area. MaW Roderick, 14 Peabody Avenue, notes that at the present time, people park their cars in the area. Anthony Pal,,--i makes a motion to continue this matter to July 20, 1999 pending the site visit on July 10, 1999 at 10:30 A.M., seconded by Dr. Johnson. All members in favor, motion cardes 5-0. Modification: DEP File #f>-536 - Nicole Avenue Tom Camevale, owner of the property on Nicole Avenue, requests a modification of the DEP File #5-536 for a proposed house on the site. Mr. Camevale shows the house footprint differences and the relationship to the wetlands. Anthony Paluzzi makes motion to accept the modification, seconded by Dr. Johnson. Mr. Mazuy abstains. All other Commission members in favor, motion cardes 50-1. Modification: DEP File ~5-654:133 Common Lane Elizabeth Wallace of Hayes Engineering, representing the owner in his request for a modification states that on the plan of May 10, 1999 it shows relocation of the existing house by approximately 10 feet and notes the turnaround area is Conservation Commission Meeting Minutes - 6/29/99 Page 8. approximately five feet. She indicates the project will not be in a new construction area. Mr. Mazuy makes a motion to accept ~e modification, seconded by Mr. Pal-77i. All Commission members in favor, motion carries 6-0. Modification: DEP File ~5-663 - 17 Lenders Ddve, Dan Camevale Debbie Hudburt notes the Commission approved an Order of Conditions for 17 Lenders Chive and that on the application a smaller size was shown for the pool but the plans showed a larger size, different by five feat. She indicates there was an error on the application but that the plans ware correct, and requests that the Commission grant this modifcation. Tony Pat,~Ti makes motion to grant the determination, seconded by Jon Mazuy. All Commission members in favor, metion carries 6-0. Modification: DEP File ~5-640:10 Middlebury Lane Mr. Graves states he and his wife are seeking to amend the File ~5-640 to include a garden shed. He states the Commission has a copy of the letter, the engineering sketch, and a copy of the building permit which was issued in support of this particular building. He notes they proposed a garden shed 10 x 14 by 12 feet high and construction is going to be pdmerily 2' by 4' with a 2' by 6' ridge and 2'by 6' frame and doors. He notes the foundation will be a concrete slab. He indicates the existing house has a 1600 square foot fcotpdnt so this will be an increase of about eight percenL He notes the plans have bean discussed with the Building Department which issued e permit. Mr. Benevento makes a motion to grant the modification, seconded by Mr. Paluzzi. All Commission members in favor, motion cardes 6-0. Hannah School - DEP File ~5-533 Ms. Hurlburt states she was not present at the meeting on 2/22J99 but there was a request for an extension with a presentation which was for paving around the property and the removal of a bddge that was supposed to be over the pond. She indicates that the City said they would approve the Conditions and Change and she n-..,ccls a reference for Modification and the Board's endorsement to go through with the change. Conservation Commission Meeting Minutes - 6/29/99 Page 9. Mr. Mazuy makes motion to grant the request, seconded by Mr. Paluzzi. All Commission members in favor, motion carries 6-0. Extension Permit and Enforcement Order - 29 Hathaway Avenue Roger Tremblay, owner of the property, states he is requesting an Extension to DEP File #5-538 and to respond to the Enforcement Order. Ms. Hurlbud states at the last meeting the Commission issued an Enforcement Order for this property due to large amounts of fill found on-site and possibly going into the resource area. Mr. Tremblay states hopefully by the end of the year he will be complete the project, and that he is not yet finished with his property and thereforo is requesting the ene-yeer extension. Ms. Hurlbud suggests he review the plan and if it is out of line, to hire a consultant to assure conformance. Mr. Mazuy makes motion to lift the Enforcement Order and issue a six-month extension for the Order of Conditions, seconded by Mr. Paluzzi. All Commission members in favor, motion cardes 6-0. Enforcement Order: 10 Fosters Point Scott Thomas, owner of the property, notes he received a cease end desist order for bringing in sand and plating on the marsh and to stop the work. He notes he lived in the area for about '15 years and saw a steady decline in the marsh. The soil is being very compacted, water stands on the surface and it should be well-drained soil. Being in the landscape business, he feels the best thing to do would be to aerate the soil and repropogate the grass, which he did. He apologizes for not checking with the Board before doing so and realizes he was wrong. He believes the grass is either European Beach Grass or Duck Grass, and wants to speak to an expert before introdudng any new spedes. Mr. Mazuy makes motion for the land owner to seek the advice of a wetlands scientist and present findings at the next meeting, seconded by Dr. Johnson. All Commission members in favor, motion cardes 6-0. Salem-Beverly VVater SUDDIY Board Conservation Commission Meeting Minutes - 6/29/99 Page 10. Chairmen Lang reads letter from Anthony Fletcher, Chairmen of the Salem/Beverly Water Supply Board. Motion was made by Jon Mazuy to appropriate $500 to obtain the services of a professional sampling agency, seconded by Tony Pal.77i. All members in favor, motion cardes 6-0. Mr. Paluzzi makes a motion to refer the matter of work being down by the Salem Beverly Water Supply Board in a resource area to City Solidtor Marshall Handly and to get his input prior to issuing an Enforcement action, seconded by Ms. Grimes. All Commission members in favor, motion cardes 6-0. Mr. Pal-?Ti makes a motion for the BevedyWatar Supply consultant to present results of tasting pdor to the day of the next headng, seconded by Dr. Johnson. All Commission members in favor, motion carries 6-0. Vitale Skatini3 Fadlib/ It is noted fiat the Mayor wants to pursue this area as a skating fadlity; however, there are no test results from the Environmental company regarding contamination. MaW Roderick, 14 Peabody Avenue, notas this is a watershed area and doesn't know if there are any contaminants out there and feels it is premature to build at the site without looking at the entire area. Mr. Killilea notes that all three sitas have a Tier 2 claseffication, which means it is at a level where DEP doesn't necessarily want any further involvement. Chairman Lang explains the Tier I and Tier 2 levels, noting that Tier I is the worst. Renee MaW of 274 Hale Street notes that the elevation of Vitale is much higher than the reservoir from the bottom of the culved, 500 feet to water at the reservoir. She also notes that refdgarators, fly ash and rubbish are present in the area. She noted that the Airport Brook flows go down to the brook into a fissure and then spdng into the water supply at Wenham Lake. Ms. Mary added that the dumped material from coal fly ash is 4 feat dc, cp and 400 feet from the lake. Some is from the South Lynn fly coal ash waste which is very toxic. She urged the Commission to keep it under their jurisdiction. Conservation Commission Meeting Minutes - 6/29/99 Page 11. Ms. Hurlburt states she did not put this on the agenda for today because she didn't really know when it could be discussed. Mr. Killilea notes that the Mayor wants to pursue this issue and that they are awaiting test results. Joan Murphy, 36 Longmeadow Drive, feels it should be kept in the Commission's jurisdiction. Mr. Paluzzi makes motion to move this matter to the next meeting, seconded by Mr. Mazuy. All Commission members in favor, motion cardes 6-0. Open Soace Committea Chairman Lang asked if there were any volunteers for the Open Space Committea. Tony Pa~,r--i and Pat Grimas both indicated that they were interested. Mr. Paluzzi stated he would like to be a member, and Ms. Grimes stated she would serve as the altemate member. Adjournment Motion by Tony Pal,,--i to adjourn, seconded by Dr. Johnson. All members in favor, motion carries 6-0.