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1998-04-07BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING APRIL 7, 1998 A regular meeting of the Beverly Conservation Commission was held on April 7, 1998 at 7:00 p.m., third floor, City Hall 191 Cabot Street. ' Those Present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Patricia Grimes and Richard Benevento. Also present was Assistant Planning Director Debbie Hurlburr and Susan Akerman, Secretary to the Commission. Meeting called to order by Chairman Lang at 7:00 p.m. ReQuest for Determination of APDlicabilities: Continuation: Hale Street (Mullen/Loeb Estate) delineation determination/James Mullen Elizabeth Wallace of Hayes Engineering addressed the Commission and stated that since the last meeting a revised copy of the requested plan has been submitted, and that the noted change included additional flaggings around the pond at the southeast corner of the property within 100' of the buffer zones. Additionally Wallace stated that she has submitted a letter responding to the Commission's additional comments/concerns from the last meeting (ie: vernal pools, intermittent streams and other issues). Ms. Wallace asked members if they have any comments regarding the letter. Chairman Lang read the letter from Elizabeth Wallace. (On File) Jon Mazuy asked Wallace if she agreed with him regarding wildlife habitat, that rare and/or endangered species are protected by the National Heritage Act. Ms. Wallace stated that she will say that rare and/or endangered species are protected under the Act in so far as whether it is present in the area protected under the Act. Jon Mazuy asked if it is Wallace's position that if something is not listed, then it can't be shown on the plan that there are rare and/or endangered species in the area. Ms. Wallace stated that to her knowledge the National Heritage Act has not filed anything stating that there are rare and/or endangered species on that site. Jon Mazuy asked Wallace if she has ever seen a fisher. Ms. Wallace responded no, but stated that she believed the animal to be a weasel like creature, that they are not common, and that she does not believe that they are rare and/or endangered. Jon biazuy further explained that he noticed a number of birds' in the area that would be displaced, that he is not sure if any of them are rare and/or endangered, but stated that he is mostly concerned with this fisher. He further asked Wallace what her comment would be if the Commission issued a qualification or condition, that in making a determination the Commission added a stipulation that no trees or brush be cut on site until a Notice of Intent is issued because Of the possibility Of rare and/or endangered species. Ms. Wallace stated that if the Commission makes a condition in the determination, that the Commission could only do so within Conservation jurisdiction, that the whole site can't be protected. Tony Paluzzi asked if the path/dirt road that had water running down it by Flag N18 is an intermittent stream or a stream. Ms. Wallace stated that it is not perennial, if anything, it is an intermittent stream, based upon the fact that this stream was not running like the others on site when she was flagging the site. Chairman Lang asked if any members of the public wished to speak. Ste!la-Mae Stevens of 840 Hale Street addressed the Commission and presented a complete and accepted certification for three vernal pools located on the site, and stated that Ms. Erica Saunders, a biologist that the residents hired, found several different frog species living in the vernal pools. Other residents of this area displayed pictures of these three vernal pools and these species. Ms. Stevens stated that they would like these documents entered into the record. Richard Baker of 643 Hale Street addressed the Commission and explained that he took a flight over the property and noticed a very large, steep hill on top of the estate, a number of wetlands and vernal pools in the area, and noticed a totally undeveloped watershed. Mr. Baker stated that he is concerned with the fertilizers that will be used on site and the possibility of the fertilizers getting discharged into the vernal pools. Mr. Baker stated that he wanted to point this information out because nothing has been mentioned regarding this potential situation, and stated that this is a very important resource area. Charles Dunn of 16 Greenwood Avenue stated that he is concerned with wildlife issues, that he has seen the fisher and that he has seen hilleated woodpeckers, and stated that he is not sure if these creatures are considered rare and/or endangered. Joan Mitchell of 40 Haskell Street asked what is going to be done for the residents on Haskell Street, and stated that there is a brook down there, that water runs through their property, and asked if the brook was determined or not determined to be a perennial stream. Mike Otis of 13 Greenwood Avenue stated that the pond has been flowing rapidly for about a month and a half, that it is never dry, and stated that it is important to know whether or not this is a perennial stream. Chairman Lang noted that Ms. Wallace saw the stream not flowing. Jon Mazuy noted that the stream was flowing each time he was up there. Ms. Wallace explained that what she said was that the stream is not presumed to be perennial because it is not shown on the USGS map as being perennial, and because it didn't show certain criteria signs as being perennial, and that a stream is presumed intermittent if it is not shown on the USGS map. Jean Brusca of 11 Greenwood Avenue submitted photos that show an area of the intermittent wetland stream that was not flagged, and stated that the residents feel that this area should be flagged. Ms. Wallace explained that the intermittent stream will not be flagged unless it is within 100' of a resource area. Richard Benevento joined the meeting at this time. (7:40 p.m.) John Murray of Ward 6 addressed the Commission and stated that the stream is flowing right now, that last June when the area was being flagged there was a drought, then pointed out the snow factor, and explained that in 1983, the ward Alderman, closed the road because Public Works was unable to maintain roads, and explained that if an overlay was done of the most recent plan, it will be discovered that vernal pool labeled #2 is in the immediate way of the roadway that the applicant is going to establish as a roadway. Mr. Murray further stated that it is a steady stream, not intermittent, and that the map being used is approximately 40 years old and that if the map is newer he would like the date. Chairman Lang agreed and stated that the map does date back to 1929 that the topography is very old. ' Mr. Cole of Indian Hill stated that he is concerned with the antique nature of the area and that this concern should be taken into account. Rene Mary of 274 Hale Street stated that last year the rain fall was 10" below normal rain fall and that this should be taken into consideration. Richard Baker of 643 Hale Street explained that he purchased data regarding the daily rain fall/precipitation for the last 10 years, and that the data does conclude that last summer was a drought season. Mr. Baker offered this information to the Commission. Jon Mazuy asked Mr. Cole to explain how things have changed in that area regarding increased/decreased of water. Mr. Cole stated that he has seen an increase of water in the last 30 years. Jon Mazuy asked Mr. Cole if he has any idea, since there hasn't been a lot of development in that area, what has caused the increase. Mr. Cole stated he didn't know. 3 Erica Saunders, the biologist, stated that last year there was such a drought that she saw Mill Brook stop, and noted that many streams last summer went dry. Debra Gorsline of 143 Valley Street stated that three years ago she picked up a copy of the Beverly Wetland Ordinance, and that she would like to refer the Commission to that for review. Chairman Lang stated that Beverly doesn't have a wetland ordinance, that it was voted down. A resident of 116 Hale Street stated that there is a lot of water in this area, that 5 drains are clogged, and asked what about the residents there. Rene Mary stated that she can attest to the fact that there is a lot of water in this area, and that she saw drains clogged during the site walk. Henry Szostek of 625 Hale Street stated that he is concerned with drains, that the field flows regularly, and that the drains no longer flow as good as they used to. The resident of 116 Hale Street stated that she is concerned with the heavy equipment that will be used to develop this area because the pipes have been there since 1909, that it could result in a real mess. Chairman Lang asked Wallace if she has any comment on what to do regarding the vernal pool information that has been presented. Ms. Wallace stated that she has not seen the information submitted and therefore can't comment upon the vernal pool issue, and that the issue regarding these vernal pools is not pertinent for the Conservation Commission's decision on tonights subject, that it will be addressed under the Notice of Intent, and stated that she would like the Commission to vote tonight. Chairman Lang explained that the Commission will freeze delineation matters for three year if these vernal pools are certified and are not included on their map. Jon Mazuy referred the Commission to a couple of pages in the "Guide to understand and administering the Massachusetts Wetland Protection Act", and read references from pages 57 and 131. This stated that "If the boundary is extensive or the delineation is complex, a Commission may wish to reserve a formal decision on boundaries until a Notice Of Intent is filed. Also, the decision is binding for three years, and the Commission may not review the boundary decision later during its review of a Notice of Intent for the site". 4 There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the hearing, and to further move that in light of the evidence submitted tonight (because the boundary is extended beyond the flagged areas), that the Commission reserve a determination of the delineation until a Notice of Intent is filed, seconded by Richard Benevento and approved unanimously. New: 240-254 Elliot Street - soil borinqs & wells/Geoloqical Field Services. Luke Fabbri of Geological Field Services addressed the Commission and explained a proposal to install eight groundwater monitoring wells that will result in approximately 14 soil borings to be done within 200' of the Bass River for environmental issues. Jon Mazuy asked what will be done with the soils from the boring holes. Mr. Fabbri explained that if any contaminated soils are uncovered they will be drummed in approximately 4-5 barrels and taken off site, and that they will use the remaining soils to back- fill most of what has been taken out. Mr. Fabbri stated that the borings will take two days to complete. Richard Benevento asked if they will be sending copies of the results to the Commission. Mr. Fabbri stated that the Commission will have to make that request to their client, that they don't own the report, and explained that Geological Field Services have been hired to do this work bya third-party with the property owners ascent. Chairman Lang stated that the Commission generally likes to know this information. Mr. stated that there is still a heating fuel tank on site, and to date there is no knowledge of contamination on property. Jon Mazuy asked if the fuel tank is in use. Mr. Fabbri responded yes, and explained that they are also contracted to take it out, and as part of this boring anything encountered will be contained in the drums. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Negative Determination #3, with the condition that the Commission receive a copy of the final report, and to close the hearing, seconded by Pat Grimes. Motion passes 5-0-1. (Richard Benevento abstained) Richard Benevento asked who owns the property. Mr. Fabbri stated that the property is owned by Realty Trust. New: 38 East Corninq Street - sewer connection/J. Allan Forsstrom Allan Forsstrom addressed the Commission and explained a proposal to connect a sewer line to the single family house located at 38 5 East Corning Street to the public sewer system. Mr. Forsstrom explained that the house is on an old septic system, and that they did a check and found that they can gravity feed from the sewer line to the house. Mr. Forsstrom explained that the proposed work is within 80' of a headwall Of wetlands, and asked what conditions the Commission would want. Tony Paluzzi asked what will be done with the septic system. Mr. Forsstrom explained that they are proposing to pump it out and fill with gravel and sand, that the system will be shut-off and terminated. Chairman Lang asked what the actual tank is make out of. Mr. Forsstrom explained that they couldn't determine that. Tony Paluzzi asked if a leaching field is associated with the septic system. Mr. Forsstrom stated if there is, it is a very natural one that degraded with the property. Tony Paluzzi asked what depth the sewer line will be. Mr. Forsstrom stated approximately 3½', plus a grade of approximately 8-10" above that. Richard Benevento asked where the resource area is located on the map. Mr. Forsstrom explained the location. Richard Benevento asked where the septic system is located on the property. Mr. Forsstrom explained that it is in back of the house, near the property line where you see a slight addition to the road, and that it doesn't go into the headwall. Richard Benevento asked how they intend to fill the tank. Mr. Forsstrom stated that he will do according to standard requirements. Chairman Lang noted that they are usually crushed in place then back-filled. Tony Paluzzi asked if the sewer line will be below the cellar floor. Mr. Forsstrom stated yes, approximately 3½' Tony Paluzzi asked if he expects to hit groundwater. Mr. Forsstrom stated that he was told that groundwater isn't expected to be hit, but that he honestly doesn't know, and stated that there is drainage going through the property. Chairman Lang asked if any member of the public wished to speak. There were none. There being no further questions or coxm~ents £ega~ding a motion was made by Jon Mazuy to close the hearing, Tony Paluzzi and approved unanimously. this matter, seconded by 6 A motion was made by Pat Grimes to issue a Negative Determination #3, with the conditions that prior to commencement of construction the applicant shall submit a sequence of work to be done to be reviewed, that haybales and silt fencing be installed within 3' of where the work is to take place, that a description of the closure method for the septic system shall be submitted to the Commission and haybales be placed around that, and should the applicant encounter water conditions during excavation the applicant is to notify the Conservation Agent, and in addition a dewatering plan is to be submitted, seconded by Jon Mazuy and approved unanimously. 59 Hathaway Avenue - house addition/Richard Faille Richard Faille addressed the Commission and explained a proposal to extend one corner of the back of the house 15', and to extend the existing deck an additional 6' for a total of 12' Pat Grimes asked what type of excavation will be done. Mr. Faille explained that the foundation will be excavated 15' x 15' and filled-in with solid fill, and that haybales and silt fencing will be installed all around the proposed work. Tony Paluzzi asked how much material will be excavated. explained not much, that the material will be going foundation for fill. Mr. Faille inside the Chairman Lang explained that the Commission doesn't like to have volumes of soil stored freely around the wetlands, that the Commission requires that it be removed. Tony Paluzzi stated that he was at the site location yesterday, that the area is mostly flat, that there is a 3-4' drop, and that he doesn't see a problem. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to close the hearing, seconded by Jon Mazuy and approved unanimously. A motion was made by Richard Benevento to issue a Negative Determination #3, with the conditions that haybales be installed, that all excavated material be stored outside the buffer zone, that work shall be as indicated on the attached plan, and that excess soils be removed from the site, seconded by Jon Mazuy and approved unanimously. A motion was made by Tony Paluzzi to recess for the purpose of holding public hearings, seconded by Richard Benevento and approved unanimously. 7 Public Hearings: Notice of Intents: Continuation of Public Hearing: L.P. Henderson Road - mini storage facility/T. Ford Company Chairman Lang recused himself from discussion of this matter, Tony Paluzzi chaired the meeting. Attorney Thomas Alexander addressed the Commission on behalf of Thomas Ford and explained that an extensive environmental analysis is on-going, that City Engineer Frank Killilea informed him that Phase I is near complete, and that a public hearing will take place shortly. Attorney Alexander explained that any remediation to be done will take place, that this study has top priority because of the revenue that will be generated for the airport. Attorney Alexander noted that this Board does not intend to take action until all the information is submitted and that this information is expected within the next month. Attorney Alexander stated that the applicant respectfully requests the ability to continue this matter until the City's assessment and the environmental issues have been resolved. Jon Mazuy asked how long of a continuance is the applicant seeking. Attorney Alexander responded for about two meetings/6 weeks. Debbie Hurlburt informed Attorney Alexander that the Commission's next two meetings will be scheduled for May 5, 1998 and June 7, 1998. Attorney Alexander stated that he would then like to request that this matter be placed on the agenda for the May 5, 1998 meeting. Attorney Alecander then submitted a letter request. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the hearing until the Commission's next meeting scheduled for May 5, 1998, seconded by Pat Grimes and approved 5-0-1. (Chairman Lang abstained) Chairman Lang returned to the meeting at this time. Continuation of Public Hearing: 63 Lothrop Street - boathouse construction/Perrott John Dick of Hancock Environmental addressed the Commission and handed out a letter, responding to the questions raised during the Commission's last meeting. Mr. Dick reviewed the proposal, and explained that the boathouse has to be installed where indicated on the plan because there are six existing sono tubes down under the water forming the foundation for a boathouse. Mr. Dick explained that the applicant Compliance, however Order of Conditions. doesn't have to apply for a Certificate of the grades were approved under the original Mr. Dick explained that the erosion of the coastal bank is due to the fact that boats were dragged down the hill on a constant basis, thus disturbing the coastal bank. Mr. Dick stated that this proposal is not subject to Chapter 91 Waterway License because the boathouse is located on the wall which sits on mean high water. Mr. Dick explained that the applicant is placing the boathouse close to the coastal resource area because it is where the level area of the site is and because this is where the water is. Mr. Dick then explained the design of the boathouse, noting that the boathouse doesn't occupy much of the coastal resource area, that the structure will be set 4-6' in the ground and anchored onto the sono tubes. Mr. Dick stated that this will be a stabilized structure and that it is consistent with the use of the yard, and that it is a natural process to build on this structure/wall. Mr. Dick itemized other uses, and stated that it will not be a public way, that there will be no public right to pass, but that this is a reasonable place for a boathouse. Tony Paluzzi questioned if Mr. Dick is here before the Commission to ask for a modification of the previous Order of Conditions and to release the Enforcement Order. Mr. Dick responded yes. George Whitney from the Jubilee Yacht Club addressed the Commission and stated that there may be a conflict with respect to having to apply for a Chapter 91 Waterway License because, DEP is not a Chapter 91 Waterway consideration, because the water comes up the wall way, because of the location of the historic high water mark, and because Chapter 91 states that no work is to be done within historic high water. Mr. Dick stated that they have made an informal inquiry with the Waterways. Virginia McGlynn stated that she wants everyone to keep in mind that the waterfront is a public way and should be accessible, and that she hasn't seen any future plans for development of a walkway. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to close the public hearing, seconded by Tony Paluzzi and approved unanimously. A motion was made by Dr. Johnson to accept the modification as proposed, seconded by Tony Paluzzi. Motion fails 2-4. (2 in favor, 4 in opposition) 9 New Public Hearinq: Tall Tree Drive - 3 house lots with utilities and roads/Sullivan & Dailey City Solicitor Marshall Handly addressed the Commission and explained the background of this matter, noting that there are two cases currently pending involving the proposal to subdivide the site into 35 house lots, and that this proposal has come forward as a proposed settlement. Mr. Handly explained that with this proposal a condition will be placed prohibiting any further subdivision of the land, that this restriction is essential to the resolution of this settlement, and that they will identify this language in order to accomplish a settlement. Mr. Handly stated that he feels that this solution would be beneficial to the City as well as to the residents. Paul Marchionda of Marchionda & Associates addressed the Commission and reviewed the history of the site, stated that all wetland lines have been set by DEP, and explained that prior to filing this application the owners notified Marchionda & Associates that a vernal pool was certified on this site. Mr. Marchionda then identified the vernal pool on the map, and noted that the ponded water is where the vernal pool is located. Mr. Marchionda stated that the Commission doesn't have to be concerned with the vernal pool, that they have encompassed the entire area with silt fencing, and that they plan to stay entirely out of this area with respect to construction. Mr. Marchionda stated that little grading will take place, that there will be 20 square feet of wetland alteration, he explained that there are two existing culverts on the site, that they are proposing to continuing the roadway, cut back the sewer pipes, and explained that they will be creating 80 square feet of wetlands. Mr. Marchionda stated that the creek shows a perennial stream on the USGS map, but that it has been delineated to be a stream, that the area is isolated land subject to flooding, that there is a depressed area that will be silt fenced in, and noted that the culverts were put in a long time ago and are longer than need to be, and that they plan to install concrete headwalls. Mr.Marchionda explained that they are creating wetlands and stated that there are no other resource areas, and that the subdivision is to have three lots forever. Mr. Marchionda explained that the sewer lines have been designed to go over the culverts so there will be no digging. Mr. Marchionda stated that they did make a slight revision to the plan, which has not yet been submitted, regarding the depression area, and explained that they tightened up the grading, and then 10 stated that they will be stay completely out of the depression area. Richard Benevento noted that the footprints for the house are big and asked how big the houses are going to be. Mr. Marchionda stated that the footprints are shown as being 40' x 70', and explained that they are shown big so that if they want to reduce the size of the footprint there won't be any problems. A resident of Beverly questioned the plan with respect to the remaining balance of Lot 3. Mr. Marchionda stated that Lot 3 is 22.4 acres, and explained that it was just the way it was cut up, that there will be no further development of the site. Mr. Handly stated that there will be some type of a deed restriction on the plan, but that they are still figuring out how to propose it. Pat Grimes stated that the required River Front Supplemental Form has not yet been filed, and explained that this form needs to be filed if any construction is to take place within a River Front area, and that a preponderance amount of evidence is required from the applicant to assure the Commission that he will not significantly alter the River Front area, and stated that she would like to know what the applicant is going to do to mitigate the area. Mr. Marchionda stated that 10% of the River Front area can be altered, and that the plan does show the River Front area. Mr. Marchionda then updated the Commission with respect to drainage and stated that there will be no impact on drainage as far as flooding is concerned. Pat Grimes stated that the applicant also needs to provide the Commission with a Storm Water Management report, because the vernal pool makes this an outstanding resource area. Mr. Marchionda stated that they are not altering the resource area, that they are going to avoid it. Pat Grimes explained that if a vernal pool is outstanding in a resource area then the applicant does have to provide the Commission with a Storm Water Management report, including, for example: what storm water quality issues are being proposed, counter productive to trash and trees, and if there are plans to build a treatment for water. Pat Grimes stated that these issues have to be addressed and a plan submitted. Mr. Marchionda stated that they don't want to increase the watershed and that he doesn't think it is fare for the applicant to have to treat the water that doesn't reach the area. Richard Benevento questioned if Lot #2 will drain into the vernal pool, and stated that the Commission wants to maintain the quality of vernal pools that will have a detrimental effect on wildlife, and noted that the driveway is graded away from the vernal pool area, but how will you control the run-off of the driveway. Mr. 11 Marchionda explained that the driveway is sloped to drain so that no water goes into the vernal pool area, and that catch basins and manholes will be installed. Chairman Lang asked why the location for house Lot #3 is located where it is. Mr. Marchionda stated that they situated the house this way in order to sneak the sewer line over the culvert, and explained that they could only go back so far with respect to the sewer grade. Chairman Lang stated that this needs to be put in writing. Chairman Lang suggested that the Commission plan a site walk on Saturday, May 2, 1998 at 8:30 a.m. Joanne Avalon stated that anyone on the stream should be able to go on the site walk. Mr. Marchionda stated that he will have to check with the applicant, and noted that the owner didn't allow the public to go on the site walk the last time. Donald Winslow of 2 Robin Road asked Mr. Marchionda to describe the culvert behind the house. Mr. Marchionda explained that the culvert that was put in was temporary and too long, and that they intend to cut it, put in headwalls, make the pavement 32' wide in order to match the pavement on Tall Tree Drive, stated that there will be no sidewalks. Mr. Winslow stated that there should be some other provisions made because the water doesn't all go through those pipes, that he would like to see a larger culvert there, because the water has gone over the road and into his backyard. Mr. Marchionda stated that he did notice that one culvert in that area seems to be blocked, and that he believes that something is inside the pipe causing the blockage. Rene Mary of 274 Hale Street asked if Mr. Marchionda could explain headwalls, and asked if they enable the water to go down into the culverts. Mr. Marchionda explained that headwalls are a poured concrete structure that is poured across the structure to prevent flooding, but noted that it doesn't make the water go any faster through the pipes. Rene Mary also stated that there is only one vernal pool in this area, not two, that Mr. Marchionda's information is inaccurate. Mr. Marchionda stated that he will look at the data submitted at the end of the meeting, but stated that after being on the site walk, I'm convinced that there are two kettle holes, that will continue to hold water long enough to be considered a vernal pool because the area around it dries rapidly. Mr. Marchionda also noted that the applicant intends to put silt fencing around the entire depression and will stay completely out of it. Janet Appleton of 320 Essex Street addressed the Commission and explained that her family owns some abutting land and would like 12 the old road opened up and states that she has claims of right of ways. Mr. Marchiondastated that he is aware of the situation that it is shown as a right of way, and stated that no construction is proposed over that area, that it is known at the Registry. Ms. Avalon stated that she is concerned that house lot #3 is being kept so large, that she is nervous that there is room for a road, and asked why the owner chose to keep that lot so large. Mr. Marchionda stated that the owner directed him how to divide the land, and noted that the owner doesn't want to give the land away to the City or the Conservation Commission. Ms. Avalon questioned the road embankment and stated that she is worried about damming possibilities in that area, that the culverts seem very small, and that she is concerned about that development. Mr. Marchionda explained that the elevation will stay the same as it is now and stated that the flood plain doesn't go over the road according to FEMA. Peter Patuto of 8 Robin Road stated that he is concerned about the flowing water that drains into that stream, that the stream gets within 6' of his house. Mr. Marchionda stated that a hydrological analysis was done in that area where the flooding takes place and it was found to have no impact on the flood elevation. Mr. Patuto stated that the steam is shown on any map as being a lot further away from his house than it real is. A resident of Robin Road stated that she is concerned that any alteration to the land will have an affect down stream, and stated that she is confused with how they intend to protect the vernal pool. Mr. Marchionda explained that the area runs along the gutter and would never make its way to the vernal pool. Richard Benevento asked Mr. Marchionda to bring to the next meeting the cross section of the vernal pool and the driveways. Bill Harrington of 6 Brookhead stated that it seems that the water in this area flows from everywhere, that they never had this problem before and that it severely affects the area, then asked when the property is purchased what will happen with this property then. Mr. Marchionda stated that the entire land is restricted to three lots. Bill Gause of 10 Boyles Street asked if any of the trail easements are to be maintained. Mr. Marchionda stated that to my knowledge there are two trails that will be preserved, that there are no plans to do anything with the trails, that there are no deeded rights. 13 Rene Mary asked if the street would be public and who will maintain the catch basins. Mr. Marchionda stated that it will be a public street and is to be maintained by the City. Stephen Crane of 3 Robin Road asked if the houses identified on the map as being single family houses. Mr. Marchionda responded yes. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the public hearing on Tall Tree Drive to the. Commission's next meeting scheduled for May 5, 1998, pending a site visit on Saturday, May 2, 1998, seconded by Dr. Johnson and approved unanimously. New: 3 Marqin Street - buildinq demolition & buildinq construction/Bunk Chairman Lang recused himself from discussion of this matter, Tony Paluzzi chaired the meeting. Attorney Thomas Alexander addressed the Commission on behalf of Jeff Bunk and explained the history of the property, noting that the owner bought the property a year ago, that there was a dilapidate wharf on it and it was torn down, and that the owner stabilized the area with new rip rap. Attorney Alexander explained that Wayne's World is presently located on the property and the owner is proposing to tear it down and build a new building for a car wash and garage bay for tenants. Attorney Alexander stated that the applicant has received approval from the Planning Board for parking on site, that the area is IG zoned and noted that this is not a heavily industrial service type of business. Attorney Alexander explained that the applicant received a variance from the Board of Appeals, that they are seeking a Chapter 91 License, and that this proposal is subject to FEMA review. Attorney Alexander stated that they have met with Tom McGuire who has reviewed the plan, and suggested many changes which have been made: - a 10' walkway open to public by whole waterfront; - in addition a 5' access from public street to gain access to waterfront. - provided access to adjourning property to connect walkway in the future; - a 3' high guardrail is proposed; - benches will be put up against the fence; 14 - a request for planters (ie: wine barrel with flowers; - that the design incorporates gas/oil separators; - that MDC grease/oil traps be installed within the building - that they have public trash receptacles. Attorney Alexander stated as a result these changes will create a more attractive use of property, that there will be no adverse affect on the property, and there will be a walkway up the Bass River. Attorney Alexander explained that the water that goes with the car wash is collected and recycled, and that 15% will go into the sewer system and not into the Bass River. Richard Benevento asked if the water being discharged would go into the storm drains. Mr. Bunk responded yes and explained that all floor drains will go into the sanitary sewer, that nothing will leave the building. Tony Paluzzi asked same as previous. 15' wider. if the footprint of the building will be the Mr. Bunk stated that it will be 15' longer and Richard Benevento asked if there will be a point source discharge. Mr. Bunk responded yes. Tony Paluzzi asked if the whole building will be excavated. Bunk explained that there will be a slab on the grade. Mr. Tony Paluzzi asked if water is going to come in. Mr. Bunk responded no. Debbie Hurlburt asked if the chain link fence in the back of the property is existing now. Mr. Bunk stated yes. Debbie Hurlburt asked how high the fence is. Mr. Bunk stated 4' Debbie Hurlburt asked if they would be seeking approval from the Planning Board for anything. Attorney Alexander explained that they would be seeking approval from the Planning Board for the site plan review. Debbie Hurlburt asked if the trash receptacles are by City Standards. Attorney Alexander responded yes. George Whitney of the Jubilee Yacht Club addressed the Commission and stated that the proposal does require a Chapter 91 License, that DEP has specific requirements, and suggested that the 15 applicant get a valid Chapter 91 License. Attorney Alexander stated no problem, that they intend to get one. Virginia McGlynn, Ward 6 Councillor stated that she would like to make an observation and recalled what a difficult time Dawson's Hardware went through when getting approval for the location of their new building because of the many concerns of oil getting into WenhamLake, and stated that she wanted to mention this should DEP allow this project. Attorney Alexander explained that Dawson's received such a hard time because Wenham Lake is the town's drinking water supply. Mr. Bunk stated that they have met with Tom McGuire, have met all the requirements and will adhere to all their requirements. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the hearing until the Commission's next meeting scheduled for May 5, 1998 pending a site visit on Saturday, May 2, 1998 at 10:00 a.m., seconded by Dr. Johnson and approved unanimously. New: 38 Paine Avenue - retaininq wall, inqround pool & poolhouse/ Seeliq John Dick Of Hancock Environmental addressed the Commission and explained that there is an existing house and an existing lot, that the top of the bank/erosion slip is approximately 23-29', that a small increment of land is subject to coastal flooding, but that the retaining wall maintains the small increment of flowage, that throughout the parcel the mean high water line is down into a solid piece of ledge, that the velocity zone goes into a natural rip rap slope, and that the velocity zone is all in rock and is not eroding. Mr. Dick explained that the bank/lawn is eroding due to storm run-off and ice action, but not from wave action, and stated that there are three considerations that can be done according to the Coastal Bank Policies. Mr. Dick explained that what they propose to do is redevelop the existing house, build the pool, the poolhouse and the retaining wall and noted that this work will add amenities to the property. Mr. Dick explained that they want to consolidate the wall with the other two walls, and stated that there will be a loss of trees. Dr. Johnson asked if this was a permitted sea wall. Mr. Dick explained that it is not a sea wall, but a retaining wall because there is no sea erosion. Mr. Dick explained that it is basically a great piece of ledge that elevates above sea level, with waves that go up and down, which over the years caused stones to accumulated or caused material to be washed out, which resulted in the wall already being eroded, and stated that the applicant is proposing to rebuild the retaining wall on that high section of the bank. 16 Mr. Dick stated that at the next meeting he will report on Section 1030 requirements. Debbie Hurlburt asked Mr. Dick if he could address before the next meeting how natural vegetation compared to rip rap would eliminate the problem. Debbie Hurlburt asked if they have considered moving back the pool. Mr. Dick stated no, that there could be danger to the pool. Richard Benevento asked if there is any owner representation. Mr. Dick stated no. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the public hearing to the Commission's next meeting scheduled for May 5, 1998 pending a site visit on Saturday, May 2, 1998 at 10:45 a.m, seconded by Dr. Johnson and approved unanimously. Order of Conditions There were none. Old/New Business Debbie Hurlburt stated that she has received Amtrak's Yearly Operation Plan and is available for review and comment. Debbie Hurlburt explained to the members that she has received a letter regarding the Beverly Girl's Softball League and stated that they are reiterating their plan to go forward and construct a softball field on Conservation Commission land with City Council approval. (On File) The Commission suggested that Debbie write another letter to City Solicitor Marshall Handly. Debbie Hurlburr explained to the members that she has received a complaint regarding Mediplex, to notify the Member that the dump loads of gravel has been dumped in a wetland and asked Debbie to met with him to address and resolve the problem. Debbie Hurlburt explained to the members that a letter was written to the Conservation Commission from the Milburn's on Lothrop Street explaining that their property is not located within Conservation Commission jurisdiction, but that they would like the Commission to give them guidance on what steps to take. Dr. Johnson explained that he went out to this site and feels that they should file. 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