1999-02-22CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD: CONSERVATION COMMISSION
SUBCOMMITTEE:
DATE: FEBRUARY 22, 1999
PLACE: BEVERLY PUBLIC LIBRARY
BOARD MEMBERS PRESENT: David Lang, Richard Benevento,
Patricia Grimes, Dr. Mayo Johnson,
Jon Mazuy, Anthony Paluzzi
BOARD MEMBERS ABSENT: Jay Donnelly
OTHERS PRESENT:
RECORDER: Florence Sagarino
Chairman Lang calls the meeting to order at 7:00 p.m. The first
item on the agenda:
RECESS FOR PUBLIC HEARING
Paluzzi: Motion to recess for Public Hearing.
NOTICE OF INTENT:
.a- CONTINUATION/218 HART STREET/WELLES
Paluzzi:
Motion to continue to the next hearing, seconded
by Benevento,Lang,Grimes, Johnson, Mazuy.
Motion carries.
b. CONTINUATION/4 PILGRIM HEIGHTS/DESIDERIO TRUST
Chairman Lang states that the Board went out on Saturday for
a site visit. Chairman asks for questions from the members.
Lang discusses the trees in the buffer zone and states that
there are no plans to cut any trees. Grimes states that she
has some concerns with the hay bales, and it is recommended
that they move them from the legde to an area uphill. They
do not want any soil stockpiled on the site; if need be they
shall place soil to the front of the lot.
Paluzzi:
Motion to close the hearing, seconded by Johnson,
Lang, Benevento, Grimes. Abstention by Mazuy.
Motion carries by 5-0 vote.
c. NEW: NOTICE OF INTENT/17 COLE STREET/THOMPSON
Julia Perrino, Hancock Environmental, representing the applicant
states that this is an application for a single family home
which is bordering a wetland. She states that in 1974 a Notice
was filed and since then no additional fill has been added;
that the lot has little vegetation.There is a forced main which
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will be constructed to a manhole. She states that a DEP file
number has been nailed to a tree. She states that there was
an old DEP file number which was from 1974 and that there has
been nothing since then.
Chairman Lang questions if there is any ledge to which Perrino
states she does not believe there is, that there is none in
the surrounding area, therefore will not be any blasting.
Lang questions where the fill will be going; that this should
be extra material, to which Perrino responds there is not much
grading and that it should be leveled out or moved out.
Chairman states that in the Order of Conditions, this could
be a condition stating that it be moved off-site.
Paluzzi states that he is concerned with an elevation of 94
and a cellar having an elevation of 95, so that water could
be getting into the cellar area. Perrino responds that she does
not have information, but feels that water will not be a problem.
Paluzzi questions the depth of the grinder, to which Perrino
states that she will have to check this out with her engineering
department. Paluzzi questions the depth of the sewer, to which
Perrino states she does not have the answer and will have to
get the information.
Benevento questions if Art Thompson filed in 1974 and was a
Certificate of Compliance filed at that time. He states that
he would like this in writing. Perrino states that she will
get a letter to the Board the next day.
Chairman Lang asks if there are any questions fromthe Board
or the audience.
Mazuy:
Motion to close the hearing, seconded by Benevento,
Lang, Grimes, Johnson, Paluzzi. Motion carries by
6-0 vote.
4. ORDER OF CONDITIONS:
a. 4 PILGRIM ~TEIGHTS/DESIDERIO TRUST
The Board sets forth the following conditions: 1) That there
be 100 ft. of vegetation from the high water, except a small
area where the driveway comes up: 2) Material shall be
stockpiled on the front portion of the lot prior to removal;
3) Hay bales placed as shown on the plan; 4) Map is the
revised topographical plan revised 2/22/99.
Paluzzi:
Motion to approve the Order of Conditions,
by Grimes, Lang, Johnson, Mazuy, Benevent.
carries by a 6-0 vote.
seconded
Motion
page three
b. 17 COLE STREET/THOMPSON
The Board sets forth the following conditions and the standards:
1) Before starting work, the applicant shall obtain a
Certificate of Compliance on theprevious filing, #5-12;
2) No construction will be commenced until there is a cross
section of the sewer line and the grinder; 3) No regrading
of the existing fill until it is approved by the Conservation
Commission; 4) Prior to cutting of any trees, they shall
consult with the Conservation agent.
Mazuy: Motion to approve the Order of Conditions, seconded
by Paluzzi. All members in favor. Carries by 6-0 vote.
5. Busxm ss
a. JERRY PARISELLA, ASST. CITY SOLICITOR/MORSE UPDATE
Jerry Parisella, Assistant City Solicitor suggests this be heard
in Executive Session at the end of the meeting.
Mazuy:
Motion to discuss this matter in Executive Session,
seconded by Paluzzi. All members in favor. Carries
by 6-0 vote.
b. SALEM BEVERLY WATER BOARD
Chairman Lang states that this matter is before the Commission
this evening regarding a letter sent to the Salem Beverly Water
Board from the Commission that was followed by a letter from
the SBWB to the Solicitor requesting clarification of certain
issues. He states that the Commission has a letter from the
Solicitor to the Water Board and that the Commission has to
decide what action to take. He states that the issue before
them is what testing would be appropriate because of the
wetlands. He states that photos were taken in late fall;that
the Commission inspected and there is some evidence that the
sludge from the SBWB has had an impact on the wetlands. He states
that the Board asked for testing on the metals and that they
were not specific on the testing. He states that the Board needs
to be more specific in regards to metals. The letter which was
sent asked for testing of iron,
manganese,lead,nickel,mercury,chromium, cadmium, copper and
also aluminum and also the frequency of sample taking. He states
that the Commission had asked for testing to be done in the
spring or summer. Lang states that it is important that the
issue dealing with what the sludge has done to the adjacent
wetlands be discussed at this meeting.
He states that a Beverly citizen requested release of a letter
from the Water Board to the City Solicitor.
Lang has spoken to the Solicitor and it was his feeling that
the matter should be handled in a confidential manner.
Mazuy states that he was not present at the meeting, but was
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at the site and saw the sludge heaps and states that unless
the base is filled with clay, they suggest that this s not
leaching out and states that he does not believe that.He states
that he has read in some reports that this has been going on
for many years and understands that the deposit of sludge near
the water supply is an old practice. Mazuy also states that
he is amazed that the Water Board is not subject to the
regulations in the statute regarding its water courses and water
supply and finds it appalling. He states he does not agree with
this.
Lang states that he feels that the letter they wrote asked for
clarification. Benevento states that the Water Board has been
in existence for several years and that they are expected to
produce safe water for drinking. He feels that they are under
stringent regulations for producing safe water for drinking.
He states he is not comfortable with taking on any liability
in saying what the water supply needs. He states that they should
be doing this themselves; that they should be within the
guidelines. He states that there are 145 tests that they do
to make sure that the water is safe. He questions if in asking
them to sample for eight metals, are they party if there are
more metals. Lang states that he is not sure, however this is
a wetland issue and not a question of whether the water is safe;
the intent is to look at the area.
Grimes states that she does not feel they are exempt from the
wetland regulations. She is concerned about a large buildup
of sludge that has solidified, getting into the wetland. She
feels that they should be required to comply with the wetland
regulations. She states that the Water Board agreed to test
and an agreement was reached to put a barier there and she does
not recall what type of barrier it was. She states that the
sludge has not been classified.
Mazuy asks Lang if the letter from the Commission reflected
what was voted on at the last meeting. He asks further with
regard to the deposit of sludge - why not bring this to the
dump. Lang states that the letter that went to the Water Board
stated that the Con Com voted the last time. He states that
it was his understanding there was an agreement on the testing
that was to be done, and that the letter from the Commission
did go out. He states that was what they informally agreed to,
but a vote was not recorded in the Minutes. Benevento states
that the Minutes were fairly accurate at what happened and there
was no vote. It was left up to Chairman Lang to meet with
Mr.Knowlton.
Lang states there is one area of concern which is the discharge
pipe going into the area. Mazuy questions as to whether they
should have testing done in that area immediately, to which
Lang responds that they should vote and be specific as possible
if they want samples taken; that he would like it in the area
of the discharge pipe. He would like to include a few other
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metals that would be present. He states that aluminum should
be included as one of the metals.
Benevento states the importance of accuracy by the Commission
and also that they should clarify the reason; that they identify
exactly what they are testing for and where and what to do with
the results of the testing. Lang suggests that they may want
a small subcommittee formed to work with the Water Board; that
perhaps 2-3 people could work with them. He states that they
should be considering this evening the intent of the discussions
of the last meeting.
Benevento discusses the fact that Lang states that he would
be meeting with Tom Knowlton, and if they should meet with him
first and then come back to determine what testing should be
done. Lang states that he would recommend testing because he
is uncomfortable with what was listed and the need to determine
what metals are actually going into the wetlands and then
determine if there are any problems. Paluzzi states that the
Commission should clarify at this meeting and then take a vote
on what should be tested.
Grimes states that testing should be conducted in the area which
was discolored during the summer as soon as the soil level was
low enough. The Commission has some discussion as to RCRA 8
which includes those parameters as well as the water if the
8 does not include iron and manganese;that they be included.
Grimes: Motion to conduct the following testing procedures:
1) That they test the soil sediment in the area adjacent
to the lagoon for RCRA 8, which should include all of the
following: iron, manganese, nickel, lead, mercury, chromium,
cadmium, copper and aluminum.
2) Tests shall be conducted as soon as possible after
3/21/99. A similar test to be done at a point during the summer
months when the water level is reduced to the extent that the
sediment can be tested in the location previously identified
where was has discolored.
3) That the test be done by an independent agency employed
by the Water Board, and the Commission be given a copy of the
report.
4) Any requests for letters from the Commission be referred
to the City Solicitor; seconded by Paluzzi. All members in
favor. Motion carries by 6-0 vote.
Mazuy: Motion to add to the above Motion:
1) That the Commission write a letter to the Water Board
asking them to come up with an Engineers report for an
appropriate berm be placed between the sludge and water resource
area in or within the next two months.
2) That a conceptual plan be presented within 60 days;
seconded by Johnson. All members in favor. Motion carried by
a 6-0 vote.
page six
Chairman asks the Commission if they want to go to the Water
Board on how to settle this problem for the long term, to which
Benevento adds that they had asked for a vegetated berm which
is part of the Notice of Intent, to which they thought that
Knowlton was agreeable to placing the berm before coming in
for a Notice of Intent. Lang questions if Knowlton should be
asked to bring a plan if they do not find it adequate.
Rene Mary comments to the Commission that there are photos which
looked like reflections of sky according to Knowlton. She asks
if any of this can be tied to the discussion. Lang states that
it looks like an old photo and that the Board has only to deal
with the issues that are present now. Rene Mary asks if she
can look at the document to which Lang states that she will
have to ask the City Solicitor and that she has a right to
question and receive information.
At this time, the Chairman declares the hearing closed.
6. a. EXTMNSION REQUEST/DEP FILE ~5-533/HANNAH SCHOOL
ORDER OF CONDITIONS
Present was Peter Seamans, City of Beverly and Richard Maivile
of Geller Associates and Mr. Guerriere representing the applicant
Hannah School. Mr. Corning states that the Order of Conditions
will run out on 7/2/99. The school is scheduled to open a year
from this September. They are requesting an extension for at
least through the end of the construction period to October
2000; that the plans have changed slightly. He presents plans
as were submitted in 1996, showing the school proposed addition
and parking scheme. They have reorganized the plan slightly,
showing a parent dropoff area which reduces the parking area.
He also shows a hard surface area in the back for a play area;
shows fire access around the perimeter of the building. He
indicates that there is a blue area on the plan which represents
a wetland area; dark blue is the 100 ft. buffer area. He states
that the bridge is now out of the plan. He states that they
cut into the hill for a hard surface play area. He states that
there is less pavement in the back than what is there at present;
that grading would be done to cut a corner into the hill. He
states that the entire vehicular area is not changed. He states
that there are two catch basins in the parking area that will
not change and that they are putting pipes and drainage swales
13 ft. away. They will be decreasing the amount of paving and
that the area of the basketball court will have no blasting.
Mazuy questions run-off from that area to which the engineer
responds that the side drains towards the front, that they are
adding a little more to the discharge point because there is
not as much paving.
Lang questions if this hard surface play area is sufficient
to which Mr. Corning responds that they have enough, but that
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this would be discussed some other time. Mr. Corning is
to be granted a 11/2 year extension of their Order of
Conditions.
asking
Lang asks if there are any further questions from the Commission
or the audience.
Benevento:
Motion to grant the extension for a period of 18
months, seconded by Paluzzi. All members in favor.
Motion carries by 6-0 vote.
b. EXTENSION REQUEST/CENTERVILLE SCHOOL
Mr. Corning informs the Board that this school will not be
constructed for another two years and would like an extension
of their Order of Conditions to July 2001. He states to the
Commission that he will come back with the plans for
construction.
Benevento states that the first extension could be for a certain
period of time, then they will have to come back before the
Commission. Corning states that they will accept whatever
extension the Commission is willing to grant.
Lang asks if the playground area is in the back. Corning states
that the Hannah School and the Cove school will be going out
to bid in late March and after that they will look at the
N.Beverly School. He states that they just want to make sure
they have the extension.
Mazuy:
Motion to extend the Order of Conditions for three
years until July 2002, seconded by Paluzzi. All
members in favor. Motion carries 6-0.
7. APPROVAL OF MINUTES - JANUARY 12, 1999
Paluzzi:.
Motion to accept the Minutes of January 12, 1999.
seconded by Mazuy. All members in favor. Motion
carries by 6-0 vote.
8. ADJOURNMENT
Meeting was adjourned at 8:15 p.m. At this time the Commission
goes into Executive Session.