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2002-01-29 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 29, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy, Linda Goodenough BOARD MEMBERS ABSENT: Richard Benevento OTHERS PRESENT: Debra Hurlburt, Acting Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 236 East Lothrop Street – house addition & deck – Donald Moca Donald Moca states the project consists of a small addition (6 x 7 feet) with a deck (14 x 18 feet). There is an intermittent stream at the rear of the property. Donnelly states he visited the site on Sunday and he considers the scope of the project small. He does not believe there should be potential impact on the brook as long as the materials are disposed of off the site and silt screen is used during construction. Lang asks what will be done with the fill. Moca responds that he will put it around the front of the property. Lang asks if members of the public have any questions or comments. There are none. Mazuy moves for a Negative #3 Determination, seconded by Paluzzi. All members in favor. Motion carries. 44 River Street – tree removal, garage residing & plantings – Mass Electric Elizabeth Green, Environmental Engineer for Mass Electric states the proposed project is to replace siding on the entire building. The work is directly next to the Bass River. There are some birch trees and some pine trees that would need to be removed to access the building. The proposal is to cut the trees close to the surface, leave the roots so the birch trees will resprout. The applicant proposes to plant dogwood bushes at the top of the riprap bank. Conservation Commission Meeting Minutes January 29, 2002 Page 2 Paluzzi states he visited the site. He requests the applicant to pick up some of the debris on the riprap. Mazuy asks if what is cut down will be carted out by hand. Green responds that it will be carried out by hand. Lang asks if there are questions from the public. There are none. Mazuy moves to issue a Negative #3 Determination, seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to recess for public hearings, seconded by Mazuy. All members in favor. Motion carries. 495 Cabot Street – 1 store commercial/retail and 2.5 story commercial/residential building construction – Town & Country Homes Richard Benevento recuses himself from voting on this matter. Thomas Alexander appears on behalf of the applicant, Town & Country Homes. He states since the last meeting, one abutter raised concern regarding an easement that the city had taken for drainage purposes across his property. In light of the abutter’s concerns, the applicant has redesigned the drainage pipe. He has met with Frank Killilea (City Engineer) and Bob Griffin of Griffin Engineering, the engineer to the application, to review the change of the drainage pipe. Mr. Killilea did not have any objections to the change. Bob Griffin provides response to questions raised at the last public hearing: · Located the Willow tree and the drip line of the tree on the Balantine property (on the plan). · Topographic information of Mr. Balantine’s property – contours were added to the plan. · Rerouted the drain line. It is approximately 200 feet longer than the previous plan. Mr. Killilea had no concerns but asked that a copy of the plan be provided to the Department of Public Works. Killilea thought the Department of Public Works might be interested in adding a catch basin on Cabot Street about the location of the middle school exit. · Surveyed the location of existing drainage structures in front of the middle school. · Added to the plan the connection from the recharge overflow going directly into the drainage system. · Pool filter discharges into the drainage system, which is consistent with plumbing codes. · Replication area was to be excavated to elevation 33 (about 1 foot lower than current grades). The plantings to be planted in the replication area will be planted, recessed down about a foot at elevation 33 and there will be channels out to the existing area. During periods when the water comes up to approximately elevation 34, the water will flow Conservation Commission Meeting Minutes January 29, 2002 Page 3 through the channels to the plants that are associated with the replication area, and thereby providing additional hydrology. Mazuy asks what impact the excavation of the replication area will have on the Willow tree. Griffin responds that he does not expect an affect. A certified arborist will be involved in the location of the plantings and the channels. Donnelly asks if the drainage conditions will be better after construction. Griffin responds that he believes drainage conditions will be better with the new pipe. Mazuy asks if runoff from the impervious surface has been taken into consideration. Griffin responds that he has taken that into consideration. Lang asks if there are any questions from the public. Paul Sommer, Sommer Environmental Technologies states he raised the issue of whether the project should have a storm water management plan. It was indicated in the Notice of Intent that there was no discharge within 100 feet of the resource area. The discharge point, which is into Shoe Pond is within 100 feet of the resource area. Summer states he researched the Storm Water Policy and there are several issues. · The policy clearly states that a commercial development is not exempt, if in fact there is a discharge within 100 feet of a resource area. Summer states this system discharges within 100 feet of a resource area. This is a commercial property. · The policy states “ … in no way by placing limitations on quality of discharge from any point sources Commissions and the Department can ensure that the storm water generated from future developments cannot simply be routed through existing drainage of outfall pipes.” · The Clean Lakes Program was very strict and impressive on eliminating or producing potential future sources of total suspended solids and peak flows throughout these systems. · Quality and quantity should be taken into consideration in this project. · The development of this project will increase the impervious area by 86% as provided by the plan. · There should be more water quality management within the scope of this project. · There should be erosion and sedimentation controls that will stop any construction materials from getting into the newly generated resource area. · The key issue is that Summer believes this is a commercial development and falls under the requirements of the Storm Water Management Policy. · Real calculations of discharge and methodologies for increasing water quality on this project should be pursued. Ms. Azaria, 509 Cabot Street expresses concern regarding the project. Conservation Commission Meeting Minutes January 29, 2002 Page 4 Claudette Turner states she has lived there all her life. There are several streams in the area. During the rainy season, she gets about 1 ½ to 2 feet of water in her field. She is afraid the situation will get worse. A resident of 505 Cabot Street expresses concern regarding the water. He also has a lot of water on his property. Bruce Turner expresses concern regarding the wetland replication encroaching his property. The 100-foot buffer will be closer to his property and he is concerned that his property will be wiped out by water. Bill Squibb, 509 Cabot Street presents pictures of the area. He also expresses concern regarding moving the 100-foot buffer zone closer to the Turner’s property. Ms. Azaria states it is disconcerting that there are rules and laws put in place to protect the resource areas and people keep chipping away at them. Lang states the Conservation Commission’s regulations allow anyone to build in the buffer zone. Joan Murphy, 36 Long Meadow Road asks Attorney Alexander if Mr. Killilea has approved the drainage. Alexander responds that Killilea thought it looked fine. Lang states this is a typical project that would be managed by the Storm Water Management Act. The applicant is within 100 feet from the resource area and the applicant is going to directly impact Lower Shoe Pond. Griffin responds that he does not feel this project is within the requirements of the Storm Water Management Standards. A resident of 505 Rear Cabot Street clarifies that there is no easement on his property. Donnelly moves to close the hearing, seconded by Johnson. All members in favor. Motion carries 6-0-1 (Benevento recuses himself on this matter). Cabot Street & L P Henderson Road – drilling test borings, installation of monitoring wells and geoprobes drilling - New England Power Company Bruce Wilkinson appears on behalf of New England Power Company. The Notice of Intent is for the drilling of 5 test borings and installing monitoring wells within each boring, located in the resource area. 10 geoprobes are to be drilled to collect soil samples. The Drilling of 3 borings, with wells and geoprobes are proposed in the buffer zone. Lang states the purpose of the project is to understand contamination of the Vitale site. He recommends moving forward on this. Lang asks if members had any questions. There are none. Conservation Commission Meeting Minutes January 29, 2002 Page 5 Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Mazuy. All members in favor. Motion carries. Request for Determination of Applicability Lothrop Street – Lyons Park (Dane Street Beach) – playground improvements – City of Beverly Recreation Director Joan Fairbanks states the request is to add protective surfacing to the existing playground equipment. The project falls within the flood zone. The surfacing is for safety purposes. Lang asks members if they have any questions. There are none. Lang asks the public if they have any questions. There are none. Paluzzi moves to issue a Negative #3 Determination, seconded by Mazuy. All members in favor. Motion carries. Lynch Park – playground improvements – City of Beverly Recreation Director Joan Fairbanks states the request is to add protective surfacing to an existing playground to an area that is within the flood zone. Lang asks members if they have any questions. There are none. Lang asks the public if they have any questions. There are none. Paluzzi moves to issue a Negative #3 Determination, seconded by Mazuy. All members in favor. Motion carries. Orders of Condition 495 Cabot Street – 1 story commercial/retail and 2.5 story Benevento recuses himself from voting on this matter. Lang states he has several issues on this project. He is concerned that this is one of those projects where it is just too big for the footprint of the land. Dr. Johnson states he is struck by the changes to the buffer zone and the direct affect it will have on abutters. Conservation Commission Meeting Minutes January 29, 2002 Page 6 Lang states the applicant is not in full compliance with 10.55(4)(b) of the Act. Mazuy states if there is any protection to the buffer zone to increase the impervious by a factor of 10 – it reaches, at best. He states he could not vote for it. Donnelly states he looked at the site and the mitigating factor to the impact would be that the 100-year flood level would be lower. In general, the area is used by some people as a dump. He agrees with members that the impact of the proposal is excessive. Paluzzi moves to issue a standard order of conditions, seconded by Dr. Johnson. No members are in favor. All members are opposed. Motion fails6-0-1 (Benevento recuses himself from voting). The project is denied on the basis that it does not meet the Performance Standards of 10.55(4)(b), the Stormwater Management Policy, groundwater levels not determined, and size of the project as it relates to the site. Certificate of Compliance DEP File #5-646 – Otis Road – City of Beverly Hurlburt states she received a call from Frank Killilea. He stated that he had not heard back from DEP. Lang states he looked at the water quality data. The chemicals found in the brook were high in ammonia, chloride and bacteria. The state asked the city to do an extensive study on the landfill as part of the closure. DEP File #5-737 – 34 Forty Five West Street - Ammerman Hurlburt states she spoke with Mr. Tim Barry, representing the Ammermans. Hurlburt has been to the site a few times. The project was for resodding with no topography change. The work was far away from the resource area and primarily a very benign project. Mr. Barry has submitted a request for Certificate of Compliance. She states the standard conditions would require a letter from the DEP as well as an As Built stamped plan. The applicant asked if the Commission would waive #s 2 and 3. Mazuy moves to waive from the Standard Condition #41 (2) and (3), seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to issue a Certificate of Compliance, seconded by Mazuy. All members in favor. Motion carries. DEP File #5-676 – 320 Essex Street (Meeting Place Circle) – Thomas Neve Greg Hochmuth from Thomas Neve Associates, Inc. He states the site is done and stable. There Conservation Commission Meeting Minutes January 29, 2002 Page 7 was one major change from the original plan. There were some boulders that the applicant was required to change to a post rail fence. Paluzzi states he visited the site. Lots 7 and 8 were not graded and seeded. Hurlburt states the site should be fully stabilized. Paluzzi moves to issue a partial Certificate of Compliance for lots 1, 3, 4 and 6, seconded by Mazuy. All members in favor. Motion carries. Old/New Business Beverly YMCA Hurlburt states the Commission has received request for permission to conduct soils testing and additional soils testing borings in the existing parking lot. Paluzzi moves to allow expanded drilling in the parking lot of the YMCA as it is covered under the previous Determination of Applicability, seconded by Mazuy. All members in favor. Motion carries. Wetland Regulations Hurlburt states that the members need to start working on wetland regulations. Lang recommends working on the regulations in the next month or two. Adjournment Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries. The meeting is adjourned at 8:35 p.m.