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2001-01-09CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 9, 2001 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Pat Grimes, and Jay Donnelly BOARD MEMBERS ABSENT: Richard Benevento OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:10 p.m. Certificate of Compliance Landfill Frank Killilea introduces Bob Winn, Project Manager from Malcolm Pernie to address questions asked at the site visit. Winn provides a letter to the Commission with revised drawings delineating the old/new wetlands and an updated wetland monitoring report. The wetlands have increased by .18 acres. Mazuy asks if the area on the northern side is subject to erosion and asks if it is now stable enough to prevent further erosion. Winn responds that area (Wetland A) is stable. Lang asks if the contractor is bound to go back to the original drawing. Winn responds that there was erosion that affected Wetland A. The contractor needs to remove a silt fence but, due to winter conditions, he can not remove it now. The city will hold $5,000 until the fence is removed. Mazuy asks if it would be prudent to wait on issuing a Certificate of Compliance until the fence is removed. Winn responds that he is not sure if that would be fair to the contractor and $5,000 should be enough money to hold for clean up. Donnelly states that the overall size of the amount of wetland is greater than before and recommends the Commission condition the removal of the silt fence. Pam Kampersal provides pictures of the landfill and the leachate pump (before it was fixed) and expresses concern about an orange stream and its proximity to Norwood Pond. She states because of the history, there is potential for contaminants to have been dumped. Previous testing has not been conclusive and she requests more testing. Lang states he would like to restore Wetland A to its original size. Mazuy agrees. Conservation Commission Meeting Minutes January 9, 2001 Page 2 Lang asks members what to do about the leachate issue. Dr. Johnson asks if the discoloration could be coming from other sites near the landfill (for example: the music theater, Montserrat College of Art, etc.). He recommends testing. Killilea offers to send someone out to determine if the leachate is coming from new sources or residuals from the landfill. Lang asks when the Commission could receive the report. Killilea responds that he can provide a verbal report by the next Conservation Commission meeting. He adds that better conditions may be needed to be more precise. Killilea agrees to test the water to determine the source. Paluzzi moves to issue a Certificate of Compliance pending the results of the testing, seconded by Mazuy. Donnelly opposed. (5-1). Motion carries. Request for Determination of Applicability Sam Fonzo Drive - Fonzo Realty Trust and City of Beverly Elizabeth Wallace from Hayes Engineering appears on behalf of the applicant. She states the applicant is requesting the Conservation Commission to review and approve wetlands, wetland lines and upper resource areas on the Sam Fonzo site. Most of the lines were brought before the Commission in 1996 and approved by the DEP in a Superseding Determination dated 1997. The reason why the applicant is before the Conservation Commission again is because the Superseding Order is expiring this year and the applicant would like to renew the approval of the wetland resource areas under the Wetland Protection Act. The applicant is using most of the same wetland lines with the exception of a few. Mazuy asks how many flags would need to be replaced. Wallace responds that most of the original flags are not in place and would need to be replaced. A new flagging would not take place. Mazuy states the Commission would like to see the location of the flags before they go out to visit the site. Lang expresses concern about the accuracy of the replacement of the flags and snow. He suggests continuing in March or April. Conservation Commission Meeting Minutes January 9, 2001 Page 3 Wallace requests continuing the hearing to the first meeting in February, which will enable flag replacement. If the weather conditions have not improved, the applicant will request continuation to a later date. Mazuy moves to continue the hearing to the first meeting in February, seconded by Paluzzi. All members in favor. Motion carries. Notice of Intent 275 Hale Street - in-ground swimming pool, retaining wall, landscaping - Silsby Hurlburt states the Commission received a request from Angela Silsby requesting an extension to the January 30, 2001 meeting. Paluzzi moves to continue the hearing to January 30, 2001, second by Grimes. All members in favor. Motion carries. Meadow Road/Lot 10 - BVW filling & home construction - Pica Mark Jacobs appears on behalf of the applicant. He states the lot is a 12,000 square foot lot. Replacement wetlands were constructed across the street and a Certificate of Compliance was issued. The applicant is proposing to construct a single family home and 1,776 square feet of wetlands on the property. Jacobs states the proposed replication combined with the wetlands already replicated across Meadow Road would meet the performance standards for BVW impact. The applicant understands the Conservation Commission’s “angst” regarding the fact that the applicant is taking credit for wetlands across the street. He reminds the Commission that the wetland replication across the street was approved and related to wetland impacts on this lot 14 years ago. Jacobs admits that would not “pass muster” by today’s standards. Lang asks if soil samples were taken. Jacobs responds that as standard operating procedures he checks the soils – for example, he observes soils both above and below wetland boundaries while delineating, however, does not document vegetation. Lang asks if the applicant has considered the recommendation of the Commission to reconsider where the house location is being proposed. Jacobs responds that there were several reasons the applicant chose not to move the proposed house location: 1) the applicant would still be required to fill some wetlands; 2) if the applicant flip flopped the house location, it would disrupt the drainage, and 3) the homeowner would like a functional yard. Lang states at the site visit, there was discussion about putting the house on the upland side and the Commission recommended speaking with the ZBA regarding seeking relief for the setbacks. Jacobs responds it would be highly unlikely to get relief, in terms of a variance, because the applicant meets all the performance standards of the Wetland Protection Act. It is difficult to prove hardship when you can meet all the performance standards. Lang asks if there are any questions from the public. Conservation Commission Meeting Minutes January 9, 2001 Page 4 Stella Mae Seamans, 840 Hale Street asks if the applicant would consider siting the house on the upland side. Jacobs responds that the applicant is not looking for a large yard – they would like to have some yard, however. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 106 West Street - septic upgrade - Nugent Julie Parrino from Hancock Environmental Consulting appears on behalf of the applicant. The applicant has a failed septic system and is seeking permission to install a new one in front of the house. The lot is long, narrow and surrounded by wetlands. The applicant is requesting several variances from the Board of Health and will be meeting with the Board of Health in two weeks. The septic system will be outside the flood plain and the flood way. Mazuy asks if there are alternative locations for the septic system. Parrino responds the proposed location is the only one which will meet the regulations. Donnelly asks what would prevent the new septic system from failing. Parrino responds that the new septic system will be constructed four feet above groundwater. Mazuy states when there are heavy rains, that the whole area is under ground. Parrino responds that the location where the septic system is being proposed is an elevation higher than the estimated 100-year flood plain. Donnelly asks if the applicant would be willing continue the hearing to evaluate alternatives. Parrino responds she would have to speak with the engineer. Lang states he would like to see more information on elevations and recommends the applicant provide a cross-section of the ground surface. Parrino states the Board of Health will evaluate the septic system and its components more closely. Mazuy asks if tying into the force main on Beach Street has been considered. Parrino responds that she does not know. Paluzzi moves to continue the hearing to January 30, 2001, seconded by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes January 9, 2001 Page 5 Order of Conditions Meadow Road/Lot 10 - BVW filling & home construction Grimes asks how the board members feel about the wetlands created 14 years ago. Lang responds that it does not conform to today’s standards. He adds that he has a problem with the hydrology, vegetation and difference in elevation. Mazuy states the area under consideration for development will result in higher water levels. He adds that if this is marginal, he could not pass on it. Paluzzi expresses his opposition. Johnson moves to issue an Order of Conditions for Lot 10, Meadow Road, seconded by Paluzzi. Motion fails 1-4-1. Johnson in favor. Paluzzi, Grimes, Mazuy and Lang opposed. Donnelly abstains. Lang expresses the following concerns: 1. There was very little soil information for the Commission to make a determination, 2. Do not think the applicant can meet the Performance Standards by having an area of compensation be 14 year old as well as not being contiguous to the property, 3. If the applicant proposed to move the house upland or seek permission from the Zoning Board of Appeal, the proposal would have been more palatable. Certificates of Compliance DEP File #5-676 - Lot 5, Meeting Place Circle - Thomas Neve Associates Hurlburt states she visited the site and due to the snow conditions was unable to determine if the site is stable. Paluzzi moves to table this item until the snow is gone, seconded by Dr. Johnson. All members in favor. Motion carries. DEP File #5-543 - Glen Urquhart School - Meridian Engineering Hurlburt states the applicant is seeking a partial Certificate of Compliance because only a portion of the project was constructed. The pool and cabana were not. David Gosselin, Meridian Engineering represents the applicant. He states he is requesting a Certificate of Compliance on an outstanding Order of Conditions. Approximately one year ago Conservation Commission Meeting Minutes January 9, 2001 Page 6 the applicant requested an extension to construct the pool and cabana. The school decided not to proceed with the project at this time and accordingly would like to close out the Certificate of Compliance. Paluzzi moves to issue a Partial Certificate of Compliance, seconded by Donnelly. All members in favor. Motion carries. DEP File #5-654 - Common Lane - Steve Wickers/Hayes Engineering Mazuy is concerned about the height of the driveway and the way it is constructed. It could still be subject to spilling over to the street. Donnelly states he would like to see what happens when it thaws – in the late winter to early springtime. Wickers states he increased some of the pavement on the driveway on the left-hand side. There have been numerous rainstorms and there is no run off. Donnelly states he would like to see how much erosion occurs, now that the driveway is paved, and what affect it has on the stream. Mazuy expresses concern that the pavement could affect the conditions at the base of the hill. Lang recommends that the applicant come back in March or April when the snow has gone or is reduced. Wickers states everything else was done perfectly and he would like to get this complete. Lang advises Wickers to take photographs and contact Hurlburt at the end of the winter to update her. All parties agree to table until March, 2001. Old/New Business Letter from Pam Kampersal Hurlburt reads a letter from Pam Kampersal (Norwood Pond Association) dated January 2, 2001 into record. Lang states Frank Killilea agreed to perform water tests, inspect the area and report the results at the end of the month. He recommends all Conservation Commission members to visit the area. Kampersal states the Norwood Pond Association believes that the orange water can be a red flag of the presence of contaminants. Conservation Commission Meeting Minutes January 9, 2001 Page 7 Paluzzi moves to send a letter to Frank Killilea confirming that water tests will be taken by January 30, 2001 and that an inspector determine the origin of the leachate in the orange stream, second by Mazuy. All members in favor. Motion carries. DEP letter regarding Final Order of Resource Area Delineation /Endicott Hurlburt informs the members that DEP has issued a Final Order of Resource Area Delineation concurring and upholding the Conservation Commission’s delineation. Letter from Ansello at 9 Pine Knoll Drive Hurlburt reads a letter from Alan and Jean Ansello into the record regarding an open stream which runs through their property. They express concern about a foul odor and high levels of contaminants. Donnelly suggests that the Commission write a letter to Frank Killilea requesting he identify the source of contamination. Alan Ansello states he has spoken with several departments and the matter keeps getting passed around. The stream ran very clear and there definitely has been an impact on the wetlands and his property. He states he just needs to know where to start. Jean Ansello states she has spoken with Frank Killilea and he stated the city would conduct a dye test and get back to her with the results. She has not heard back from him. She expresses concern about having an open septic stream on her property and that she has asked several people to test the sediment and they will not. Donnelly expresses concern that the wetlands are being polluted and agrees that the city should identify the source. Claude Lemoi, 7 Pine Knoll Drive concurs with the Ansellos’ complaint about the stream. He has lived in home for 20 years and up until 2 years ago the stream was always clear. When the Planter’s subdivision (Wentworth Drive) was being planned, resident expressed concern about pollution of the water caused by the development. He has called Frank Killilea’s office many times and has never received a return call. Lang states that this reading is a very high bacteria levels and recommends sending a letter to the Health Department (Bill Burke) with a copy to Frank Killilea recommending they work together on this matter. Conservation Commission Meeting Minutes January 9, 2001 Page 8 Jean Ansello states the contractor for the subdivision did not put traps on two of the storm drains. Lang states the Conservation Commission will check the Certificate of Compliance for the Planter’s subdivision and recommends the Ansellos check with the Conservation Commission Agent for any updates on the matter. Other Vitale Site Lang states Health Link wants to apply for a grant to hire a contractor to investigate the fly ash at the Vitale site. The city is doing some testing now but Health Link would like to do more testing. He believes it is always better to have many eyes looking at one set of information so nothing is missed. Mazuy moves to write a letter in support of Health Link’s grant application, seconded by Donnelly. All members in favor. Motion carries. Conservation Commission Web Page Hurlburt asks members to provide comments or additions to the proposed Conservation Commission Web site. The Web site will include forms, resource area identification cross sections, list of vernal pools and will have several links. Cabot Street - Nadeau Hurlburt states Mr. Nadeau wants to raise the elevation of his property two feet and is looking for a minor modification to do that. He has approval to raise the property four feet but wants to raise it an additional two feet. Lang asks for Nadeau to provide a cross-section that shows where the house will be and where the toe of the slope will be. Self Help Grant Hurlburt states the city has received a Self-Help Grant in the amount of $250,000 to aid in the purchase of the Santin property. Hurlburt asks for signatures of three members of the Conservation Commission. Approval of Minutes Paluzzi moves to approve the minutes dated November 27, 2000, seconded by Dr. Johnson. Grimes, Paluzzi and Dr. Johnson in favor. Donnelly and Mazuy abstain. Motion carries. Paluzzi moves to adjourn, seconded by Mazuy. All members in favor. Motion carries. The meeting adjourns at 9:45 p.m.