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1997-04-29BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING APRIL 29, 1997 A regular meeting of the Beverly Conservation Commission was held on April 29, 1997 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Vice Chairman Tony Paluzzi, Patricia Grimes, Jon Mazuy, Jay Donnelly, Dr. Mayo Johnson, Richard Benevento. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. The meeting was called to order by Vice Chairman Paluzzi at 7:00 p.m. Request for Determination of Applicabilities: Continuation: Trust Spruce Run (Lot 3)/house construction/Cove Realty Sally Newman of Wetlands Preservation, Inc. addressed the Commission and explained that the lot contains a man made drainage system that drains to the street and that a bordering vegetated wetland is associated with it. Ms. Newman stated that they propose, as part of the conditions, to put in a double stack of hay bales and silt fencing along the stone wall before any construction begins and that it will remain up until the lot has been stabilized. Debbie Hurlburt asked if grading will be done along the 100' line on the lot. Ms. Newman responded no and stated that that could be stipulated. AlCarter of 75 Cross Lane asked where the stream was located from the 100' mark. Ms. Newman pointed out where the stream was located on the plan. Renee Mary of 274 Hale Street asked how deep into the buffer zone will they be going, and if it was shown on the plan. Ms. Newman responded 50' and explained that it isn't the applicant's property, therefore it is not on the plan. Renee Mary asked if there will be any impact at all to the buffer zone. Ms. Newman stated there shouldn't be and explained that the area will be kept stabilized. Richard Benevento asked what the maximum amount of disturbance will be. Ms. Newman explained that the area is basically flat and that there could be a stipulation that no grading is to take place in the buffer zone. Richard Benevento stated that the plan needs to show the buffer zone area. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Negative Determination of Applicability #3 with the conditions that on the westerly side of the lot, hay bales and silt fencing be applied prior to construction and that it continue around the corner on the southerly side for a distance of 60' and that no action take place to affect the northwestern quadrant of the property; that the applicant file a plan showing the area of the bordering vegetated wetlands; and that in the northwestern quadrant, silt fencing and hay bales be located along the 100' buffer zone, seconded by Richard Benevento and approved unanimously. Continuation: Associates Lakeshore Avenue/delineation determination/Symes Jon Mazuy recused himself from discussion of this matter. Tony Paluzzi read a letter request from Peter Ogren seeking a 30 day extension of time to complete the collection of data as sought by the Conservation Commission. (On File) There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the Request for Determination of Applicability on Lakeshore Avenue to May 27, 1997, seconded by Pat Grimes and approved unanimously. New: 474 Rantoul Street/installation of well point/FluorDaniel GTI Debbie Hurlburt updates the members and explained that the proponent was able to find well ow-3 and that the Conservation Commission needs to take no action. New: 16 Foster's Point/deck addition/Carol MacDougall Mr. MacDougall addressed the Commission and stated that the project consists of complete renovation to the existing house and construction of a new deck. Mr. MacDougall reviewed/explained the different aspects of what type of construction renovations that will take place and explained the deck addition. Richard Benevento asked if sonor tubes are going to be used, and how far down they will be installed. Mr. MacDougall responded yes and explained that they will be installed 4' down into the ground. Richard Benevento asked where the soil would be placed when they auger out the holes for the tubes. Mr. MacDougall explained that he intends to leave the soil where it is and spread it out. Jon Mazuy asked if he expects to encounter water when excavating. Mr. MacDougall responded yes and explained that he intends to work at low tide. 2 Tony Paluzzi asked how many tubes will be installed altogether. Mr. MacDougall stated 10 tubes. Tony Paluzzi questioned the removal of the chimney. Mr. MacDougall explained that the chimney is nonfunctional and that they will be eliminating the chimney altogether. Jon Mazuy asked how the rubble will be removed from the site. Mr. MacDougall stated that a dumpster will be on site. Pat Grimes stated that she was concerned because the work being performed will be done within the Riverfront area. Richard Benevento noted that there won't be any major excavation going on and that all debris will be cleaned up on a daily basis. Richard Benevento asked how the holes will be dug and if any heavy equipment will be used. Mr. MacDougall explained that they will hand auger the holes and that no heavy equipment will be used. Jeff Bunk of 18 Foster's Point stated that he is 100% in favor of this project. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to issue a Negative Determination of Applicability #3 with the conditions that all construction debris be legally disposed of or contained in a dumpster, that all excavated material from installation of the footings be removed from the site at the end of each day, that there be no stockpiling of construction material or construction debris beyond the back of the house and that a line of haybales be installed at the high tide line and around the house as shown on the plan, seconded by Jon Mazuy and approved unanimously. New: 2 Margin Street/soil remediation/Jeff Bunk Jeff Bunk addressed the Commission and stated that he hired a consultant to do a 21E test at this location and that the results concluded that a small amount of contaminated material (motor oil) was found. Mr. Bunk explained that the area will have to be remediated within 90 days according to DEP Laws, and that he intends to dig a 3' x 3' hole, excavate the contaminated soil into a dump truck and have it properly disposed of, and then lay stone down. Richard Benevento asked if the DEP required testing. Mr. Bunk responded no. Richard Benevento asked if each bucket of excavated material will be put immediately into the truck. Mr. Bunk responded yes. Richard Benevento asked how long the procedure would take. Bunk responded approximately 20 minutes. 3 Jon Mazuy asked if the work will be done when it is dry out. Mr. Bunk stated yes. There being no further guestions or comments regarding this matter, a motion was made by Jon Mazuy to issue a Negative Determination of Applicability #3 with the condition that the material be removed at a time that it is not wet, seconded by Pat Grimes and approved unanimously. Continuation: Associates 45 Enon Street/delineation determination/SVmes Peter Ogren of Hayes Engineering addressed the Commission and stated that they located the edge of the water and that the water level on 4-25-97 had an elevation of approximately 46'.99" to 47' Mr. Ogren explained the water levels found in the wells and stated that no outfalls to the ponding area were found. Mr Ogren explained the discharge process, and stated that it is not a pond that it is isolated land subject to flooding. Mr. Ogren stated that all the additional information requested by the Conservation Commission can be found on the plan and he requested that the Conservation Commission determine the resource area so that the applicant can move forward. Tony Paluzzi questioned the flagging found at the end of the parking lot. Mr. Ogren stated that he does not know who hung the flags, that the area is contained with vegetation or hydric soils and that it doesn't border a pond. Tony Paluzzi asked if soil testing was done. Mr. Ogren responded no and stated that additional soil work will be done to show that it is not an Army Corp. wetland. Dr. Johnson asked why this area wasn't under the Massachusetts Wetland Protection Act if it is isolated land subject to flooding and holds ¼ acre foot of water. Mr. Ogren explained that the land didn't store, by observation, a ¼ acre foot of water and stated that he wasn't sure if a calculation was done for that. Mr. Ogren stated that the area is holding more water than previously, but that it routinely gets higher on occasion and that there is good opportunity for the water to seep back into the ground. Jay Donnelly asked where on the plan was Wenham Lake found from the area in question. Mr. Ogren located Wenham Lake on the plan and stated that it was approximately 600' away. Jay Donnelly asked what the elevation of Wenham Lake is. Mr. Ogren stated that he was not sure. Debbie Hurlburt asked if Mr. Ogren could submit an updated plan, if the Conservation Commission requested, to show that the area is isolated land subject to flooding. Mr. Ogren responded yes and stated that the area has a fairly stable water level and that it is being looked at as a worse case condition. Jon Mazuy noted that he saw a shopping cart and other debris in the water and stated that it was a violation of the law to let this property be used as a dump. Mr. Ogren stated that he was not sure who is responsible for the debris in there or if the shopping cart was on this land, but would recommend to the land owner to have the debris removed. Jay Donnelly asked what the definition of a pond is. Mr. Ogren passed out a definition of a pond. Jay Donnelly stated that he was not sure if he agreed with the definition of what an open body of water is and suggested that the Conservation Commission hire it's own consultant to determine if the area in question is a pond or not. There being no further questions or comments regarding this matter, a motion was made by Jay Donnelly to hire a consultant to advise the Conservation Commission if in fact this area is a pond, seconded by Jon Mazuy and approved unanimously. Tony Paluzzi asked Mr. Ogren if the applicant was willing to continue this matter so that the Commission can make it's determination. Mr. Ogren responded yes. Richard Benevento explained that the applicant can develop the site up to the edge of what is in question, but if this pond/open body of water is within 100' of the Conservation Commission's jurisdiction then the Commission can regulate. Pat Grimes stated that the Conservation Commission needs to find out what this body of water is. A motion was made by Richard Benevento to continue the Request for Determination of Applicability on 45 Enon Street to the Commission's next meeting scheduled for May 20, 1997, seconded by Pat Grimes and approved unanimously. A motion was made by Jon Mazuy to recess for public hearings, seconded by Richard Benevento and approved unanimously. Public Hearings Continuation of Public Hearing: Birch Woods Drive (Lot 11)/house construction/Cove RealtV Trust Sally Newman of Wetland Preservation, Inc. addressed the Commission and stated that they were not able to get the area flagged prior to the site visit on April 19, 1997 but that it has been re- delineated. Ms. Newman explained that there are two sets of flags, the blue flags indicate how the area was delineated 10 years ago and that the pink flags indicate how the area would be delineated according to today's standards. Ms. Newman suggested that the Commission continue this public hearing and reschedule a site visit. Jon Mazuy asked when the Commission would be receiving a complete package. Ms. Newman stated before the next hearing. Jay Donnelly questioned the utilities. Ms. Newman explained that the whole subdivision will be on a sewer line. Richard Benevento asked if the alignment of the driveway was under this filing or the old filing and if it was back in the Commission's jurisdiction. Ms. Newman stated that she was not sure, but stated that the utilities are part of this filing. Richard Benevento stated that there is still a lot of information missing for the Commission to make a determination of this request. Jon Mazuy suggested that a complete filing including the cross section of road, what the impact of the wetlands will be and the limit of work to be done on the driveway, be submitted and then the Commission will schedule a site walk. Jon Mazuy also stated that he would like some borings done for the location of the house in all the areas that will be disturbed due to construction of the house. Rene Mary of 274 Hale Street stated that she had pictures of the adjourning field and asked if the Commission would like to see them now or later. Jon Mazuy suggested that she save them until the next hearing. Jay Donnelly asked with respect to replication area #5, does the applicant have rights to go into that lot. Ms. Newman stated that they are looking into the legal implications of that matter. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the public hearing on Birch Woods Drive (Lot #11) until the Commission's next meeting scheduled for May 20, 1997, seconded by Jon Mazuy and approved unanimously. New Public Hearing: 4 Gavin Circle/deck addition/Mark Namaroff Mark Namaroff addressed the Commission and explained that he is seeking to extend the existing deck on his house, that he would be adding a few more footings and that the closest footing will be 6 approximately five feet from the pond, that the footings will be hand dug, that no heavy equipment will be used and that the soils will be hand carted away. Tony Paluzzi asked if there would be only four (4) additional footings. Mr. Namaroff stated that was correct. Pat Grimes stated that she did a site visit, that the deck is very close to the pond but didn't see a problem with putting in the four posts and that there will be limited disturbance to the area. Tony Paluzzi asked how deep the tubes would be going in. Mr. Namaroff stated approximately 4'. Tony Paluzzi asked the applicant if he expects to hit water. Mr. Namaroff stated he was not sure. Jon Mazuy asked the applicant if he was satisfied that in digging 4' down that it would be above the level of the pond. Mr. Namaroff stated yes, that he was satisfied. Tony Paluzzi read a letter from Joanne and Ed Duley (an abutter). (On File) Richard Benevento asked if there is a wetland restriction. Mr. Namaroff stated not to his knowledge, that there is nothing stating so on the deed. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the public hearing on 4 Gavin Circle to the May 20, 1997 meeting pending an individual site visit so that the Conservation Commission can research and determine if there is a wetland restriction that might prohibit any further construction of this area, seconded by Pat Grimes and approved unanimously. New Public Hearing: Virginia Avenue/remediation/Curtis Jones Sally Newman of Wetlands Preservation, Inc. addressed the Commission and stated that the goal of the Notice of Intent is the resolution of the Enforcement Order placed on the area. Ms. Newman explained that the proponent is proposing to restore the area by placing silt screening only around the fill area and have a line of hay bales placed down, to have erosion control in place and approved by the Conservation Commission, then excavate the area and test for hydric soils. Ms. Newman explained that after this is done, the proponent will come in and have the area hay baled and silt fenced off, seed it and revegetate it. Ms. Newman stated that the proponent will have all construction debris removed by hand or small equipment if necessary. 7 Jon Mazuy asked how long it will take to remove the material that is in the wetland area. Ms. Newman stated a couple of days. Jon Mazuy asked if they would be boring in the fill area. Ms. Newman stated no, that it is obviously a fill area. Jon Mazuy asked what the nature of the soil is. Ms. Newman stated that it is a sandy gravel material. Jon Mazuy asked if the proponent intends to sow in the area after the material is excavated. Ms. Newman stated that a planting specification is included in the package. Jeff Bessy of 202 Bridge Street stated that he is concerned with the real area of fill. Richard Benevento explained that the Commission viewed aerial plots and had the applicant prepare a plan that identified what part of the resource area was filled and stated that the Conservation Commission is satisfied with what is shown on the plan. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to close the public hearing on Virginia Avenue, seconded by Jon Mazuy and approved unanimously. New Public Hearing: L.P. Henderson Road/roadway construction/City of Beverly & Fonzo Realty Thomas Alexander, Attorney representing Fonzo Realty addressed the Commission, gave a brief history of the proposal and stated that a final Environmental Impact Report has been filed. Attorney Alexander stated that Peter Ogren of Hayes Engineering will be explaining the technical aspects of the proposal. Peter Ogren addressed the Board and explained that the applicant filed one year ago for a Request of Determination of Applicability to determine the resource area. Mr. Ogren explained that there was an appeal and that the State decided that they were in agreement with the delineated wetland area. Mr. Ogren stated that this submittal shows the exact same roadway line up, but that there are major changes in the hydraulic system due to the adoption of a storm water management policy by the Commonwealth of Massachusetts. Mr. Ogren reviewed the three crossings and explained that in the first crossing there is a requirement for a culvert and that there is bordering vegetated wetland; in the second crossing there are some major retention areas, that it shows signs of previously excavated material, that there is a disturbed area that was filled- in in the adjoining field, that there is an area where the airport fence came down, that there are no mature trees, that some hydric soils have been established and that there are a lot of other species and that there will be three culverts where the water will be unimpaired. Richard Benevento asked how big the culverts will be. Mr. Ogren stated that there will be three 24" pipes. Mr. Orgin stated that the third crossing has two (2) 36" culverts. Mr. Ogren showed and explained the topography, the location of the intermittent streams and the wetland alteration. Mr. Orgin stated that there will be a sidewalk on one side of the street, that most of the construction on the site will be buffer zone activity, that an extensive hydraulic study has been done, and that a comparative s,,mmary of what the hydraulic affects are have been submitted in the package. Mr. Ogren stated that there are water sheds already in the area and that the water sheds have been analyzed, and that there will be individual retention ponds. Mr. Ogren showed and explained the plan for the build-out of the park. Richard Benevento asked if Mr. Orgin could describe what a BMP is, what there intent is, how they are constructed and what do they look like. Mr. Ogren explained and stated that he was not sure what rules are going to be applied, but stated that 80% of the pollutants/suspended solids have to be removed from storm water. Richard Benevento asked if there are any other wetland restrictions on the site. Mr. Orgin stated that he didn't anticipate any, but that there could be one possible area where there is a foot bridge. Jay Donnelly asked what impact this project will have off site, and if the run-off will find its way to Wenham Lake. Mr. Ogren stated that from a surface water standpoint no run-off will go into Wenham Lake, it goes to the Bass River. Jay Donnelly asked if this design will change the flow into the Bass River. Mr. Ogren explained that they have impeded the flow in that area, that it should remain the same and that the ground water flow should go to the Bass River. Mr. Ogren stated that the project by design is to improve the water flow. Robert Perron of 8 Bass River Road stated that he was pleased with the presentation and the approach to control the water flow, but stated that there could be a simple way to check if the water does flow into WenhamLake and explained that there is a procedure where florescent dye is place into the water and then have Wenham Lake checked for the results. Richard Benevento asked who the custodian of Wenham Lake is. Debbie Hurlburt responded the Beverly/Salem Water Board. Richard Benevento stated that the Commission would have to ask the custodian if they are concerned with this aspect. Mr. Perron read a letter that stated that such a test was going to be performed but that the Manager of Wenham Lake stated that such a test was not necessary. Mr. Perron stated that he will not accept the fact not to test since there is such a simple way to check and stated that a test should be requested. Attorney Alexander explained that the Planning Board wrote to Thomas Knowlton and received a response that stated that it was there opinion that this area didn't drain into Wenham Lake. Tom Barricelli of 38 Trask Street stated that he is concerned with the second crossing and asked if it abuts his house and how can sediment be prevented. Mr. Orgen stated that it doesn't abut his property but that a culvert might need maintenance. Mr. Barricelli asked if the pipes are sufficient to carry the water flow, that he is concerned that the water right of way will turn into a river. Mr. Orgen stated that the pipes do give proper balance. Mr. Barricelli asked who is going to maintain the sediment ponds. Mr. Ogren explained that the ponds are to be maintained by either the landowner, the lessee holder, or the City. Jon Mazuy asked if any calculation have been done for the proposed construction that is to take place throughout the park. Mr. Orgen stated that they did a through DEIR and that each site will be handled individually. Jon Mazuy asked if it was Mr. Ogren view of the entire site that the amount of run-off from impervious areas would not change the amount of water leaving the site. Mr. Ogren stated that each site will be back before the Commission again. Jon Mazuy stated then the Commission will have a degree of control. Mr. Ogren responded yes. Richard Benevento asked if the roadway line should be re- established. Mr. Ogren stated that they ask for it not to be and that he can point out the reasons why during the site walk. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the public hearing on L.P. Henderson Road to the Commission's next meeting scheduled for May 20, 1997 pending a site visit scheduled for May 10, 1997 at 9:30 a.m., seconded by Richard Benevento and approved unanimously. Richard Benevento noted that the roadway construction plan should be submitted. Mr. Ogren stated that a lot of that information is documented in the F.E.I.R. 10 Discussion with David Gardner regarding open space David Gardner addressed the Commission and explained how the Open Space Committee members took the Assessor's map and listings and found lots of open space that was undeveloped. Mr. Gardner reviewed the results of the open space survey and stated that there are three major areas of open space that could be developed, the first being an area around the Bass River, the second is in the area of the Norwood Pond/Brimball Avenue and the last area being the Boulder Lane and Polk Swamp area. Mr. Gardner explained how they would create a trail network and handed out an action plan with items for the City to undertake. Mr. Gardner stated that what the Committee would like from the Conservation Commission is for the Commission to obtain a concession from these areas if a developer came before them. Mr. Gardner explained that the Mayor has set some money aside for a Masterplan to help get this open space plan together and that they need to figure out a way for citizens to contribute to an open space fund raiser. Richard Benevento suggested that the City could hire summer interns to do enhancements. Jay Donnelly stated that the more we can encourage the public, the more aware of wetlands, etc. they will become. Richard Benevento asked if the trails would be foot paths or bike trails. Mr. Gardner stated biking. Mr. Gardner asked the Commission if they would look into this. Order of Conditions Virginia Avenue A motion was made by Richard Benevento to accept the conditions as written for Virginia Avenue and in addition that silt fencing shall be used in accordance with the silt fencing standards, seconded by Jay Donnelly and approved unanimously. Old/New Business Debbie Hurlburt stated that she received a response from Moynihan Lumber which stated that they will be using large stones with filter fabric behind it to restore the slope and to stop further erosion of the bank. Debbie Hurlburt informed the Commission that there was an emergency situation at 19 Iverson Road where piping had caved in and 11 collapsed a drainage pipe in the residents driveway and that herself and Tony Paluzzi went to look at the site and gave an authorization to have two (2) 36" pipes installed and that a vote is required to ratify that the work be done. A motion was made by Jon Mazuy to approve the emergency work done at 19 Iverson Road, seconded by Pat Grimes and approved unanimously. Debbie Hurlburt stated that she has received a request from the Conservation Law Foundation to renew the Commission's membership and asked the members for their suggestion. A motion was made by Richard Benevento to vote to put the request in a plan of neglect, seconded by Jon Mazuy and approved unanimously. Debbie Hurlburt stated that a Yearly Operation Plan has been submitted for Mass Electric, Amtrak and 150 Sohier Road and that it is on file for review. Adjournment A motion was made by Jon Mazuy to adjourn the meeting, seconded by Richard Benevento and approved unanimously. The meeting was adjourned at 10:45 p.m. 12