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2005-06-14 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: June 14, 2005 Board: Conservation Commission Subcommittee: Members Present: David Lang (Chair) Tony Paluzzi (Vice-Chair), Linda Goodenough, Ian Hayes, Gregg Cademartori, Bill Squibb Members Absent: Mayo Johnson Others Present: Amy Maxner – Environmental Planner Recorder: Robin Levesque Lang calls meeting to order at 7:00 p.m. CERTIFICATE OF COMPLICANCE New: 107 Brimbal Avenue – DEP #5-750, Humber/Cycles 128 Bruce Poole, SP Engineering, Inc., representative for the applicant, states he is here to request a Certificate of Compliance for the original Order of Conditions, which had four components; extend and pave the motorcycle training track, to remove a large amount of fill and provide a replanted area, take care of a large tire and wood dump and to establish a walkway. He states all of this work was completed in September of 2002. Poole states there was a site visit today with Amy Maxner. He shows photographs of the walkway, trail, and bark mulched and leveled area, the area where the tire dump was with various plantings and fencing. Poole states that the wetland water quality was tested and no contaminants were detected. Hayes asks Maxner if she looked at the site. Maxner states that there are no outstanding issues; she states the catch basin is operating which includes an oil log to absorb grease and oils; no erosion was apparent in any of the work areas and the landscaped area is well established and stabilized. Poole states the water is recharging into the wetlands, storm drains and catch basins are working properly. Lang asks if there are any further questions from members. There are none. Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 2 of 12 Paluzzi motions to issue a Certificate of Compliance. Seconded by Goodenough. All members are in favor, motion carries 6-0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 55 Thissell Street – Jerome Kyllingstad Maxner reads the legal notice. Jerome Kyllingstad states he is proposing to construct a small octagonal addition within the Buffer Zone to Bank of an Intermittent Stream; the addition will be 4 feet from the foundation, 70 feet from the stream and 20 feet to the right of the driveway. Lang asks Kyllingstad if he will be putting in a foundation with a basement. Kyllingstad replies yes, a foundation will be put in. Lang asks what will be done with the excess excavated material. Kyllingstad replies all excess materials will be trucked off the site. Maxner explains that the addition of a second floor is ongoing, but is not changing the footprint of the house, and there is a garage addition proposed on the other side of the house but is out of the buffer zone. Maxner states that a good portion of the stream and culvert are under underground running the length of the property line abutting the street and there is no Bordering Vegetated Wetland. Lang asks if there are any other questions, there are none. Lang states that Maxner has suggested a few conditions, and reads them off. Paluzzi motions to issue a Negative # 3 Determination with following special conditions: ?? Silt fence shall be installed along the edge of the driveway prior to any activity. ?? Excavated soil shall not be stored or stockpiled on site; if it is not removed from site immediately, it shall be stored in a manner to prevent erosion into the resource area. ?? The Conservation Administrator shall be contacted prior to construction to inspect erosion control. Seconded by Goodenough. All members are in favor. Motion carries 6-0. New: 3 Dondi Road - David MacDonald Maxner reads legal notice. David MacDonald, applicant, states he is proposing to construct a 13 ½ ‘x 8’ addition within the Buffer Zone to Bordering Vegetated Wetland and to shift an existing shed to 2 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 3 of 12 the east by about 15 feet, he states the addition will be approximately 60 feet from the wetland. He states he will add hay bales and a silt fence and the excavation will be removed from the property. Maxner asks if there will be a basement. MacDonald replies a slab with footing. Maxner states she visited the site and took some measurements, she states the addition will be approximately 60 feet from the wetlands and about 25 feet beyond the stonewall. Hayes asks if it will be back another 48 feet from house and 35 feet from wall. MacDonald replies correct. Maxner states the property is staked out and it’s less than the original marked out that she observed a couple weeks ago. Squibb asks how far the shed will be moved. MacDonald states it will be parallel to the house about 40’ from the back of the house. Squibb states it looks like there is another shed behind the larger shed now. MacDonald replies yes, it’s a temporary plastic shed that will also be moved. Lang asks if there are any other questions, there are none. Lang states that Maxner has suggested a few conditions, and reads them off. Paluzzi moves to issue a Negative # 3 Determination with the following special conditions: ?? Silt fence shall be installed along the edge of the stonewall prior to any activity. ?? Excavated soil shall not be stored or stockpiled on site; if it is not removed from site immediately, it shall be stored in a manner to prevent erosion into the resource area. ?? The Conservation Administrator shall be contacted prior to construction to inspect erosion control. Seconded by Goodenough. All members are in favor. Motion carries 6-0. New: End of Longview Drive – Shore Country Day School Maxner reads the legal notice. John Beal representative for the Shore Country Day School states the school is proposing to top dress a playing field with up to ½” sand within the Buffer Zone to Bank of an Intermittent Stream and Bordering Vegetated Wetland. Beal states the athletic field contains a very wet area near the soccer goal/net area and he would like to put sand in the 3 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 4 of 12 area to elevate the wet area and encourage better drainage and reseed. He states he would like to get the area a little drier. Maxner states she visited the site with Mr. Beal and hands out photos of the area. Lang asks Beal is it’s an intermittent stream. Beal replies he’s seen it drier. Squibb asks where the filling would be parallel to the stream. Beal states parallel, there would be filling an area about 200’ long and 70’ wide which is the size of the field. Maxner asks when are you going to reseed. Beal states immediately after the surface is placed. Hayes asks how long this project will take to complete. Beal states it will only take one to two days. Lang asks if there are any other questions. There are none. Paluzzi motions a Negative 3 with Special Conditions; Lang suggests the following Special Conditions: ?? Silt fence shall be installed between the work and the resource area prior to any activity. ?? The Conservation Administrator shall be contacted prior to construction to inspect erosion control. ?? Stockpiled sand shall be stored out of the Buffer Zone and in a manner to prevent erosion into the resource area. Seconded by Goodenough. All in favor. Motions carries 6-0. MINOR MODIFICATIONS Cont. 76 Paine Avenue – DEP #5-867 – Jack Swansburg Maxner states she has received no new information or plans to date. Paluzzi moves to continue the hearing until July 12, 2005. Seconded by Goodenough. All in favor. Motion carries 6-0. AMENDMENT TO ORDER OF CONDITIONS New: 150 Sohier Road – DEP#5-765 – Shaw Environmental Maxner reads the legal notice. 4 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 5 of 12 Larry Nesbitt of Shaw Environmental representative for Varian states the applicant is requesting a third amendment to their Order of Conditions for the installation of 2 new monitoring wells to replace two shallow overburden monitoring wells, P-9 and P-20. He explains that P-9 was destroyed by snow plowing activities and P-20 which the remnants of cannot be located. Nesbitt states the plans show replacing two damaged wells, within the Longview and Hill Street treatment area. Nesbitt states Varian has a web site (www.Beverlycleanup.Varian.com) explaining the clean-up operation. He goes on to briefly explain the details of the proposed replacement wells. Lang asks there if the plan will call for additional wells aside from what is being replaced. Nesbitt responds the wish is to replace 2 wells. Lang asks if they are using biological wells. Nesbitt states taking samples from new bedrock wells, would like to put permanganate in one but testing for biological wells would not be done in the field at this point but determined in the lab. Lang states they would need to come back to the Commission for biological testing. Paluzzi asks 2 wells are being replaced will you be pulling the damaged ones out. Nesbitt states they will not be removed but rather capped in place, and they will try again to locate P-20. Lang asks if there are any other questions from the public. Renee Mary, 274 Hale Street, asks where the stream flows to. Joan Murphy, 36 Longmeadow Road states it comes from Shaw’s Market and then eventually to Shoe Pond. Murphy asks what is going to be done from preventing P9 and P20 from getting damaged again. Nesbitt states the will be kept below grade, one in the road put a concrete crown on it, in the spring there is one they have to repair, there’s a problem in getting steel masks that can come too close to the power lines. Murphy asks if they’re keeping the Library and the Conservation Commission up to date. Nesbitt replies yes, there is a status report that went out the last week in April. He adds the State has all of their test results, and they are available online and at the Library. There being no further questions from the Commission or the public, Goodenough moves to close hearing. Seconded by Paluzzi. All in favor. Motion carries 6-0. NOTICE OF INTENT Cont: 2 Boyles Street – DE P #5-816 – Manor Homes at Whitehall, LLC Hayes recuses himself from this portion of the meeting and leaves the room. 5 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 6 of 12 Robert Griffin of Griffin Engineering representing the applicant states at the last meeting this conventional plan was discussed and would be happy to address any of the Commission’s questions at this time. Paluzzi asks if the plan has been changed in any way since the last meeting. Griffin responds no. Goodenough states that this plan is still subject to the Ordinance and is of the opinion that the standards set out in the Regulations are what should guide the Commission as to whether this is approvable. She thinks the Commission would be arbitrary if any other standards were applied. Griffin states the road impact on the Buffer Zone to the vernal pool has been limited to the greatest extent possible and believes this plan can be approved. Squibb states that if the applicant is not willing to change the plan he could not support the plan as proposed. Goodenough agrees and thinks the Commission has made it clear that this is not a preferred plan design and believes the Commission has authority under the Ordinance to protect the resource areas as it sees fit. Lang states it doesn’t look like the applicant has the Commission’s support with the plan as it stands and asks if Griffin would consider speaking to his client in order to explore redesigning the project to meet the Regulations. Griffin agrees to speak to his client and agrees to a continuance. Maxner states that the entire plan needs to be looked at not just from a vernal pool perspective but also from the 25-Foot No-Disturbance Zone perspective for other wetland resource areas. Members agree. Paluzzi motions to continue the hearing to the July 12, 2005 meeting. Seconded by Goodenough. All in favor. Motion carries 6-0. Hayes returns to the meeting. New: 11 Brookhead Avenue – Herlihy Maxner reads the legal notice. Walter Herlihy the applicant states he is proposing to construct a 20’ x 30’ addition within Riverfront Area to Centerville Creek and Buffer Zone to Bordering Vegetated Wetland. He states that 240 sq. ft. will be inside the buffer zone, and that there slope at the edge of the lawn that Amy Maxner determined to be the edge of wetland. 6 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 7 of 12 Maxner states that she conducted a site visit in early May and determined mean high water line by field indicators of staining and scour. She explained to the applicant that her determination is not exact but is extremely conservative. She states the Commission may want to look at it. Lang states this seems to be a fairly straightforward project. Lang asks what will be done with the excavated material. Herlihy states he will remove if from the site. Paluzzi asks how far the utility easement is from the house. Herlihy states it is 100 feet. Lang asks if there are any questions. Renee Mary, 274 Hale Street, states the Centerville Creek is upstream to her house, and is a perennial stream, it comes to her property into her duck pond and she requests a site walk so that she can look at how close the addition will be to the stream. Maxner asks if the members want to do a site walk. Cademartori states there is a requirement in the Regulations that an alternatives analysis be done for projects in the Riverfront Area. Herlihy states that he doesn’t seem to have too many alternatives to the design or location. He thinks that if he places the addition to the side to the house it would look out of scale to the neighborhood and doesn’t think his neighbors would appreciate that design. Cademartori states that a site visit would help in determining the viability of other locations on the site. Lang asks the members if they would like to schedule a site visit. Maxner states she thinks a visit would help in getting the Commission’s opinion on her determinations. Squibb states he would like to look at the area before he makes a decision. th Paluzzi motions to schedule a site visit for Saturday, July 9 at 8:00 a.m. and to continue the hearing until July 12, 2005 meeting. Seconded by Hayes. All in favor. Motion carries 6-0. New: Beverly Old Ferry Landing – Fort Point Associates/City of Beverly Maxner reads legal notice. Susan St.Pierre from Forte Point Associates represents the applicant, the City of Beverly, and states the project involves the demolition of the Harbormaster/Marine Service building, site improvements including the replacement and reconfiguration of existing timber floats with pile anchored concrete floats, installation of 5 steel float guide piles, 7 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 8 of 12 installation of 30’x 90’ steel boarding float with handicap accessible aluminum ramps and gangways, reconstruction of existing timber access ramp, replacement of electrical and water utility to floats, installation of lighting and electrical service to pier and to remove and reset 30’ section of the seawall. St. Pierre states the resource areas located on the site are Land Under the Ocean, Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. She states the project isn’t undertaking any changes to drainage. She states that her firm is just doing all the filing and permitting for the project and no work is scheduled to begin as there is no funding for actual construction as of yet. She states the cost of rehabbing the Harbor Master building is the same as taking the building down and building a new one. Don Newman from the Harbor Authority states they may have some funding in the budget, the work will be done as the money allows, but that at present the designing and permitting funding is coming from the Seaport Council. Lang states that the Order of Conditions is only in affect for 3 years, after that they would have to come back for either an extension or a new Notice of Intent. St. Pierre states that she is aware of these limitations. Paluzzi states a site visit would be advisable. Members agree. Resident asks if there are any plans for a recreation area. St.Pierre states the MacDonalds site is where the recreation portion of the site is located and is not the subject of this Notice of Intent, we would have to amend this Notice of Intent. Suzanne Kinzie of 36 Washington St, also owner of Beverly Port Marina, Inc., 43 Water St., asks about Chapter 91 license process. St. Pierre states that the existing Chapter 91 license will most likely need modification. Frank Kinzie of 36 Washington St. also owner of Beverly Port Marina, Inc. 43 Water St. states he has concerns on environmental issues, spill controls, and potential for hazardous material such as fuel not being properly controlled. Lou Bochinsky, Facilities Manager, states that the fueling truck, with licensed drivers, is parked dockside and the fuel hose is walked down to whichever boat or boats are in need of fuel. Kinzie asks if there is any suppression system. Bochinsky states no, there is a hand held fire extinguisher available at all times. Kinzie asks if the hose is at the nozzle, you need to look at the safety control. Bochynski states they are licensed by the State. Lang asks St. Pierre to research on how other communities handle this issue. St. Pierre agrees to have that information ready for the next meeting. 8 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 9 of 12 Squibb asks about the McDonalds property. Newman states its three separate properties and the McDonalds site is the recreation portion of the site, which will be dealt with under separate permits but not at this time. Lang asks St.Pierre if filing with the Corp of Engineers will be necessary. St. Pierre states yes. Joan Murphy, 36 Longmeadow Road, asks a clarifying question about the parking. St. Pierre reviews the proposed changes to the parking and how spaces will be reconfigured. Renee Mary, 274 Hale Street, asks if the parking area is on Goat Hill and if the fishermen will lose spaces. St. Pierre states no, it will be along the water near the bridge but that present usage by the fishermen will not be encroached upon. Paluzzi motions and to continue the hearing until July 12, 2005, pending a site inspection th scheduled for Saturday, July 9 at 9:30 a.m. Seconded by Goodenough. All in favor. Motion carries 6-0. New: Greenwood Ave – Halifax Garden Co., LLC Maxner reads the legal notice. Matt Thyng, DeRosa Environmental, states the parcel is located on Map 49 Lot 14 and Lot 15 of the City assessor maps. He states the applicant is proposing to build two single family homes, driveways and stormwater detention basin, he states the basin and a portion of the driveway are within the 100 ft. Buffer Zone, but outside the 25-Foot No Disturbance Zone. He explains the stormwater BMP will be a wet pond with the bottom at groundwater level to maintain a wetland plant community with wetland seed mix and other native herbaceous plantings. Thyng states that the retaining wall will consist of ledge and rock and a silt fence will be placed outside the buffer zone, along both areas. Thyng introduces Thad Berry, engineer with Xeriscape, Berry states the site is mostly ledge, so infiltration will be difficult but the flood storage is achieved with the proposed pipe system under the driveway, which he briefly explains. He states they will bring in sand and place it around the houses to help with infiltration, and they tried the best they could to get the water back into the ground. Lang asks about the wetland system and current drainage along Greenwood Avenue. Thyng states that there is an intermittent stream that flows along the edge of Greenwood Avenue, which has some associated BVW, and it flows into a culvert then into two 24” pipes, one reinforced concrete pipethat flows north across the street from Greenwood and the other corrugated metal pipe east to Webster Avenue. He states the drainage conditions will see an increase in runoff but the wet basin is designed to mitigate for. He states there will be extra flood storage with the proposed pipes, and then very slowly drain giving time for surface water to infiltrate. 9 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 10 of 12 Eileen Sawyer of Greenwood Avenue sates that it shows on the plans where the stream is located and states it flows all year round and in heavy storms the culvert is overwhelmed and flooding occurs in the street. She is worried that these new houses and driveways will exacerbate the problems. Berry states that the wet pond and pipe system is designed to add no increase peak flow or volume to the existing conditions. James Fitzgerald, 202 Greenwood Avenue, states the creek flows down and flows into a drain, the City has done some drainage work in the area but it hasn’t helped very much, and he thinks that building up on the hill is going to create more of a problem. He asks much blasting is going to be done, as there’s a lot of ledge there. Resident of 8 Stoneridge Road states the entire area is saturated in heavy storms and thinks that the removal of trees and the blasting will exacerbate the problem. He is not confident that the wet basin will be able to handle all of that new run off. Berry states that the applicant intends to preserve as many trees as possible on the site and will do what it takes to minimize clearing of vegetation. He states that the calculations show there will be on additional peak flow. Lang states the Commission will conduct a site inspection and may chose to have its own consultant review the drainage. Renee Mary asks about how this will affect the vernal pool in that area. Thyng states that the vernal pool is quite a distance away from the subject site based on the Natural Heritage map and believes the vernal pool is up stream beyond Stoneridge Road. Maxner looking at the map, states there are a few in the area but are located to the west of this site on conservation land. Lang asks if there are any further questions from the Commission or the public. There are none. Goodenough motions to continue the hearing to the July 12, 2005 meeting, pending a site th inspection scheduled for Saturday, July 9 at 10:15 a.m. Seconded by Paluzzi. All in favor. Motion carries 6-0. OLD/NEW BUSINESS New: 76 Paine Ave. – Seawall Discussion Susan St. Pierre, Forte Point Associates, states the seawall at 76 Paine Avenue is failing at a rapid rate and it’s a very dangerous situation it would only take one bad storm to take the rest of the wall down. She explains Mr. Swansburg hired police to monitor the wall and keep the public off of it, as it is now a liability. She is intending to file a Notice of Intent for the July meeting, before the hurricane season. She asks if the Commission could schedule a site inspection to look at the wall prior to the July meeting so that the 10 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 11 of 12 hearing could be closed to expedite work on the wall. A site inspection is scheduled for th Saturday, July 9 at 9:30 a.m. Vitale Site – Cailin LLC and Cabot LLC Maxner states that she spoke with Scott Patrowitz, engineer for the owner of the Cailin Road property, regarding the installation of utilities within the proposed gravel parking lot at the Vitale Site and she suggested that they come to the Commission for an informal discussion. Attorney Philip Lake, from Glovsky & Glovsky, states that the Vitale Site Restoration project is moving forward rapidly and his client has been working with NEPCO regarding the access road, which runs through both properties. He states the Airport Brook has been relocated and a temporary crossing has been established. He states that on a long-term basis, his client is looking for possibly keeping the crossing in order to make that road permanent and has an agreement in place with NEPCO about the permitting which his client would take full responsibility for. And this concept has been discussed with the Commission informally at least two or three times, and his client has worked to keep the Commission informed of these ideas. They are here before the Commission tonight to discuss the installation of a utility trench within the gravel access and parking area on the Vitale Site, and he goes on to briefly explain their proposal for a clean sand-filled trench to be installed prior to final grading at the site is complete. Squibb asks if they have any drawings or engineered plans to show this trench. Patrowitz states there are some very preliminary sketches but would like to get feed back from the Commission before any are finalized. Lang states that this seems very rushed, and he would not be inclined to provide any definitive answers tonight and thinks that they need to come back to the Commission with a formal application. Lake states there is no cost to the City, and that the City will not be giving up any control over the site and he and his client are fully aware that placing the actual utilities and installing a permanent road still needs to be approved by the Commission through a full Notice of Intent process. Lang states this is not the only alternative out there, and encroaching onto Conservation Commission land for private utilities for a private development seems to come with many issues. Lake states that his client has an agreement with NEPCO and there is a deadline of late August that his client must adhere to and that is why they wanted to speak to the Commission tonight as final grading on the site will be performed soon and they running out of time. 11 Beverly Conservation Commission June 14, 2005 Meeting Minutes Page 12 of 12 Maxner asks how long this agreement has been in place and why they haven’t moved on this issue prior to now. Lake states that the work on the site had been delayed due to NEPCO not receiving all their permits on schedule and that has delayed his client’s progress and the agreement has been in place for about a year, but there is some disagreement between the parties on some of the language stated therein. Members advise that a formal application be submitted to the Commission for this work, and there will be no action on this discussion at tonight’s meeting. Maestranzi Enforcement Order Maxner states that Mr. Meastranzi contacted her and indicated that he didn’t think he was in the Buffer Zone and will make himself available for a site visit whenever it is convenient for the Commission. Lang suggests scheduling a site visit for 5:00 p.m. on this coming Thursday. Members agree meet at the site then. Reimbursement – Maxner Maxner requests reimbursement for certified mail that she needed to mail as there was no one in the mailroom at that time. She requests $12.06 reimbursement. Goodenough motions to approve the reimbursement. Seconded by Paluzzi. All in favor. Motion carries 6-0. Orders of Conditions 150 Sohier Road, DEP File #5-765 –Shaw Environmental Paluzzi motions to issue Standard Conditions. Lang moves to add the following Special Condition: All drill cuttings/spoils shall be containerized and removed from site. Hayes seconds the motion to accept the conditions as discussed. All in favor. Motion carries 6-0. Other Business & Adjournment Maxner hands out to the members the new Army Corp of Engineers Regulations for stream crossings to add to their regulatory handbooks. Paluzzi moves to adjourn. Seconded by Goodenough. All in Favor. Motion carries 6-0. Meeting is adjourned at 10:30 p.m. 12