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1999-02-02City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: February 2, 1999 Place: Beverly Public Library, 32Essex Street Board members present: David Lang, Richard Benevento, Jay Donnelly, Patricia Grimes, Dr. Mayo Johnson, Anthony Pah,zzi Board members absent: John l~Iazuy Others Present:. Debbie Hurlhurt, Conservation Administrator; Frank Killilea, City Engineer Recorder: Carol A. Pearce Chairman tang calls the meeting to order at 7:00 P.M. and announces that the Board will hear the matter on the Maestrs. 7] Appeal firSt, due to a conflict in schedule for Attorney Faherty. 01d/New Business: Old: Continuation ofDiscussion on MaeStranzi Appeal Attorney Faherty indicates that the only change to the plan previously submitted is that the line which would be in the southweSt comer of the area is straightened out inStead of following the contour. He also notes that the recent newspaper article was wrong on two counts, one being that they have no intention of filling the vernal pool In addition, he notes that the article reported there are two vernal pools but in fact there is only one. Chairman Lang asks fithe fifty feet is ~om the edge of the vernal pool to the edge where they wilI fiiL and is informed that this is correct. Chairman Lang reads excerpts of a letter from Gulf of Maine indicating that the current proposal conforms to the Wetlands Protection Regulations. He further indicates that the letter States because the area of the wetlands is not within the vernal pool area, it does not ~mction as a habitat for wood f~ogs. He States that at the close of the letter it is suggeSted that future proposals should ensure protection of existing water quality within the vernal pool and should incorporate measures againSt Storm water runoff Conservation Commission Me~;..g Minutes - 2/2/99 Page 2. Ms. Grimes has concerns about cu~ing down aH of the trees, and wonders how thi.~ should be addressed. Chah~an Lang responds that many of the trees have grown back and are te~ feet high, and mates he is not sure that new trees would take that quickly, although Cmlf ofMaine fek it was coming back pretty well. He indicates that the Gulf of Maine feels we could get better habitat because it is actually inflow to the vernal pool Dr. Johnson states he feels this is a reasonable proposal to finally settle the problems that have existed over the years and states he is in favor of accepting thi~ proposal and moving on. Attorney Faherty states he thinks the next step is forthe Commission to get a settlement agree ~:om its legal coonseL Chairman Lang indicates that the Board should either accept or reject the proposal tonight and then get back to legal coonseL Ms. Hurlbun sta~es she had a telephone conversation with Deborah Gorseline of 143 Valley Street who was concerned about the vernal pool habitat, concerned about the Commi.~sion voting on this, and feit that it may set a precedent and that she is opposed to it. Chai~..an Lang notes that the nearest filling is 50 feet f~om the vernal pool Attorney Faherty states that if one looks at the phns one would see that the migration of habitat and species would be to the south rather than upwar& Renee Mary, 274 Hale Street, states she hopes this is not setting a precedent for all certified vernal pools in Beverly and notes the 100 foot buffer zone and hopes this is not being used for other vernsl pools in Beverly because she states she is aware of the political situation. Mr. Benevento states that the Commission has no control overthe 100-lout buffer zone because it is a State mandate. Ms. ManJ rekerates that she is aware of what is going on with the City, with the political realities. Dr. Johnson moves that the Commission accept the plans as presented, seconded by Tony Pah~z~. All members in favor. Motion carries. Reuuest for Determination of Atwlicabilitv 50-55 Paine Avenue- Vista Clearing/Croatti John Dick presents plans to top several trees in the buffer zone close to the wetlands which is part of a view easement. He states there are several white pines and hardwood trees, and that they want to clean up the property and clear out poison ivy and honeysuckle. He further states there would be no disturbance of soil and that no debris would be left in the buffer zone. Conservation Commission Meeting Minutes- 2/2/99 Page 3. Mr. Donnelly wants to know how many trees would be removed and what is the elevation. Mr. Dick replies that there are about 15 trees and states everything over V2 inch would be involved. He states the lowest elevation is about 25 to 30 feet. Mr. Dick further states that those trees have all been topped in the past, and notes there are several white pines which will survive the trimming. Mr. DonneHy states he is concerned with erosion of the hill if there is loosening of the soil holding capability. Mr. Dick responds that there is no intention to lose maintenance of the trees. He states it is just a matter oftrlmming trees that have been topped already. Mr. Benevento wants to hnow what percentage of the trees are going to be cut, and Mr. Dick says it might be as much as a third of the trees, and states it is mostly pnming. Tony Pahzzi wants to know if the trees were looked at by an arborist, and Ms. Hurlbun replies that they were, by Bartlett Trees. Ms. Hurlbun raises a question regarding property lines and says it looks like some of the trees are not on the property. Mr. Dick states that some ofthe white pines are on the neighbor' s property and that they will not be touched. Dr. Johnson moves that the Commission make thi~ a negative determination #3 with conditions, seconded by Mr. Benevento. All members in favor. Motion carrie~ Dr. Johnson states that all efforts shah be made to protect the ~mnHer trees and leave them in place, that the applicant shall submit post and pre-vista pruning and cutting photographs as soon as possible, and that the applicant shah submit a report to the Commission aRer one year of the proposed vista priming to ensure that an adequate amount of trees are renmlnlng. The Commission may request trees to be replanted if they deem necessary. 3 Laztthom Lane - House Renovation - Blake Attorney Thomas Alexander states that Dr. Blake bought the house at 3 Lanthom Lane last Friday and is seeking to add an addition upward on the property with new exterior clapboards ~d new windows. He states that a survey was done of the distance ~om the wall which is the top of the coastal banlc~ and shows plans and pictures. He states it backs up to Rice's Beach at the end of Ober Street with grasses going down to the beach. He further states it is not their intention to disturb land in the buffer zone. Attorney Alexander indicates the builder informed them there are some concerns about whether or nut there is sufficient support for the addition and indicates that tests will be done for strength of the foundation. Conservation Commission Meeting Minutes - 2/2/99 Page 4. In response to a question from Dr. Johnson, Attorney Alexander states this is at the south end of the property near the sunporch. The builder for the project says he needs to see if the coh~mn s in place are set in concrete and if not, they will need to be set in new concrete, in essence pu~h.g in a new foundation. He anticipated this will take one day, two days at the most. Chairman Lang asks for additional questions or comments from the Board. Mr. Benevento adc~ if the roof will be taken o~ and the builder says it will be taken off and that any material sttlpped out of the house or any roofing material will go immediately to the dumpster. Ms. Grimes asks where they will be stockpiling building material, and is told by the builder that any building materials would be stored in the driveway or in the garage area. Chakman Lang asks if anyone from the public has questions or would Like to comment on the matter, and there is none. Mr. Benevento makes a motion to issue a negative determination #3 with conditions, seconded by Dr. Johnson. All members in Favor. Motion carries. Mr. B~mevento states a cooditon should be that all building materials that are part of the construction or tearing down of the roof should be put in a dnmpster immediately and legally disposed ot~ and that all building materials must be stockplied in the driveway or in the garage and not w~thin the buffer zone, and 5 haybales shah be located on she in the event that foundation work is necessary and thereby requiring the applicant to install the haybales to eliminate any erosion. Mr. pah~zv~ makes a motion to recess for public hearings, seconded by Mr. Benevento. All members in Favor. Motion carries. Public Henrln~s: Continuation of Public Hearing- 218 Hart Street- Restoration of Pond/Welles Mike DeRosa states he was retained by the applicants, Welles, and says there was a site walk two weeks ago. The projea number for this is DEP 5-650. He further indicates he has spoken with the Anny Corp of Engineers at the time of filing, but has not received any response to date. He says he is waiting for an Order of Conditions from the Commission to file for water quality protection. Conservation Commission Meeting Minutes - 2/2/99 Page 5. Mr. DeRosa states further that the Audubon Society brought up the issue ofpre- construction habitat value versus post-constmetion habitat vahe, and indicates that both are outlined in the report. He indicates that the pmjeet will iinf. rove flood control, improve storm water handling, and improve the function of increasing the water qualky so that there would be long-term effects downstream, creating fish habitat and increasing wildlife habitat. With regard to demsity ofplantings, Mr. DeRosa gates this will increase habitat He states the site is just over one acre in size and presents photos to the Commission. He gates the site is sand and net clay and therefore there would be no erosion. He further indicates that the planrings would be dense, including winterberry. Chairman Lang asks for questions or comment from the Commission. Richard Benevento asks if the discharge would remain the same, and is told by Mr. DeRosa that k will. He farther questions flood conditions and is told that this would stay the same also. Chak:~an Lang asks Mr. DeRosa about a big concern, that being that it does not meet all the functions of the Act. He feels that for large storm events, it will flow fight through. Mr. De, Rosa states that sediment will get scoured out during hrge flood events, and may be deposited downstrenm Chairman Lang further indicates that every ten to fifteen years there would be a hrge flow and feels it would be a detriment to shellfinh l ChaPman Lang now asks for questions or comments from the public. Renee Mary, 274 Hale Street, wants to how what happens in a drought, and Mr. DeRosa tells her there will st'dl be a flow through the pipe down to the existing streambed. Catherine Lahey of the Massachusetts Audubon Society echoes concerns about clslmn of improving wildlife habitat, with a particular concern for amphibians. She states it is a protective habitat for amphi'blsns and feels she would like to see a thorough inventory done of the wildlife in the area before any work is done, and that if any construction is done, it be done during the August dry season so there is less of an impact on whatever amphibians are there. She states she is concerned about long-teKai maintenance and compliance that the Commission may put on the project. She also states they want to be sure that the habitat is maintained. She further indicates that hemlocks in New England are threatened by a pest insect and states that biologists predict thin for Massachusetts in Conservation Commission Meeting Minutes- 2/2/99 Page 6. the future. She also states that another concern is the introduction of fish species, and hopes that native species are introduced. Chah i,.sn Lang asks if considention has been given to the Massachusetts Audubon Society and is told by Mr. DeRosa that it is felt they can work together to satis~ their Chairmnn Lang said one feeling he gets from DEP is that until the jury is in, they would rather see it voted down, and that they are uncertain what the benefits are. Mr. DeRosa and members of the Commission review a diagratn Chairman Lang asks for questions or comments from the Commi.~sion. Mr. Benevento questions whether filling with land or water is within the law, and Mr. DeRosa responds that Table H addresses that issue. Chairman Lang wants to know if the members of the Commission want to vote on this issue tonight or want to call their local DEP representative. Mr. Benevento states he wants time to go through the reports. Mr. DeRosa states he understands this is a unique case, and does not mind continuing the matter until another time. He further indicates that he will try to get in touch with the repres~mtative assigned and will get a narrative along with a punchlist of issues. Mr. Benevento makes a motion to continue this public hearing to the next meeting, seconded by Mr. Pah~i Five members in favor, one opposed. Motion carries. Continuation of public Hearing - 44 Prince Street - Septic Installation/Burr Dan Johnson states there is n main house and carriage house, and indicates that the main concern is the septic tamk and pn,np. chamber next to the seawall. The nearest it could be is ten feet from the seawalL He states he notified the construction company that everything will be taken care of~ and that haybales will be required along the sikation fence. Chal, i.,an Lang asks for questions from the Commi.~sion. There being none, he asks if anyone from the public has any comment or question on this project. There being none, Mr. Paluzzi makes a motion to ciose this public hearing, seconded by Dr. Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes - 2/2/99 Page 7. New Public Hearing - 4 Pilgrim Heights - House Construction/Desiderio Trust A representative from Hayes Engineering presents a proposal and states it is for a house and garage on lot 4 on Pilgrim Heights. He notes it is the last house in the subdivision and that the lot was created in 1987 from a definitive plan. The project will include a 54 x 28 foot house served by a garage underneath on the right-hand side. The house will be hooked up to the public water and sewer system He further indicates the driveway and some grading is within the 100-foot buffer zone. He also states the project meets standards because it was recorded prior to 1986. Chairman Lang questions whether blasting will be needed, and is told that some blasting is anticipated. Chahnan Lang asks for questions or comment from the Board. Dr. Johnsen asks if a lot of digging might be required at the side of the house and is told there would be a four-foot cut. Ms. Grimes questions the corridor of vegetation and is informed there will be a 100-foot area of vegetation. Hayes Engineering indicates that the minimum is 80 feet, with a maxinmm of 140 feet. Mr. DonneHy questions placement of a siitation fence, and is informed it would be in back of the drive, along the contour, and then back out to the wall There being no further questions from the Board, Chairman Lang asks for questions or comments from the public. Mr. Murray suggests that a site visit be planned because there are problems with the lot which could be observed. Mr. Benevento makes a motion to continue the public hearing pending a site visit., seconded by Mr. pah~zvl. All members in favor. Motion carries. Chairman Lang announced a site visit will be held February 20, 1999 at 8:30 A.M. Beverly-Salem Water Board Chairman Lang indicates he did a site walk accompanied by Frank Killilea, City Engineer. He notes there is an issue of a stream channel that flows by the Water Board and that it was oran~ge, and Mr. Knowiton indicates thi~ is an area they have worked with Conservation Commission Meeting Minutes - 2/2/99 Page 8. quite often and never saw orange water before. He states this is in an area where there is a ditch with standing water. Mr. Knowkon further indicates there is dissolved iron and iron stains on rocks. He says there are bacteria which have developed the ability to use iron as a food source. He notes there is a gelatinous material and bubbles from the bacteria. Chairman Lang says the Commission is concerned with the bernas holding up materials, and feels one solution would be to make it permanent. Mr. Knowhon indicates that this is a reasonable request. Chairman Lang further notes he is concerned about the drainage pipe that goes to the stream and needs to determine if it should be present. He also feels it might be appropriate to sample water in the Spring. Mr. Benevento questions samples required by the EPA and DEP, and is told by Mr. KnowIron that they satisfy water quality criteria. Mr. Knowlton states they adopted regulations that are at least as strict as federal regulations. He further states they report testing results to the State every month. He indicates some are monitored constantly, some two to three times a day, some twice a week and some weekly. Mr. KnowIron also reports that water supply is probably the most regulated industry in the country, and states the total vohtme of water in the hike is exchanged about two times each year. He states there is a very good treai~ent plant to monitor the quality of the water to make sure there is no degradation. Chairman Lang asks for questions or comments from the public. Chairman Lang reads a letter from Renee MaW, Hale Street, who expresses certain concerns. Ms. Mary has presented a photograph of the harbor on which she notes what appears to be a white area, which is of concern to her. Mr. Knowiton examines the photograph and states he feels the white area shown is a reflection of the sky on the water depicted in aerial photographs. Chairman Lang indicates there will be some testing done in the residual area in the Spring. Mr. KnowIron concurs, noting it would be difficult to get data now as the area is under three to four feet of water. In response to a question from Joanne Scott, Health Director from the Salem Board of Health, Mr. Knowtton says he has found that most bacteria don't grow the same way in a laboratory where they have a better food supply. Conservation Commilsion Meeting Minutes - 2/2/99 Page 9. Discussion occurred regarding m~king the temporary berms permanent for the residual drying area, that soils should be analyzed for any metals once the brook is exposed, and that water samples should be taken now. Chairman Lang says it wi]l be discussed and that a time will be set for the sampling, and that letters will be sent out. Order of Conditions: 44 Prince Street - Septic InstalLation/Burr Mr. Pab,r~ states coastal and standard conditions should be given. Mr. Pahzvl also states that haybales should be placed over the drain holes as well as along the silt fence. Chairman Lung adds that haybales should also be placed along the access roadway. He indicated that there shah be no storage of soil piles placed within the buffer zone. Mr. pab,~vl makes a motion to accept the Condition, seconded by Ms. Grimes. All members in favor. Motion carries. Approval of Minutes: Minutes of the December 22, 1998 meeting are reviewed by Board members. Dr. Johnson makes a motion to accept the minutes as ~,itten, seconded by Mr. Pal,, ~i, Motion carries 5-0-1 (Benevento abstains). Other Business: Chahman Lung presents a bill from the Gulf of Maine in the amount of $770.00 for preparation of the repoa end attendance at the Commission meeting. Dr. Johnson makes a motion to pay the bill, seconded by Mr. Pah~i. All members in favor. Motion carries. ARer discussion, Chairman Lung notes that the Conservation Commission will next meet on Monday, February 22, 1999. Mr. pab,zzl makes a motion to adjourn, seconded by Dr. Johnson. All members in favor. Motion carries. Meeting adjourned 9:10 P.M.