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1997-10-22BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING OCTOBER 22, 1997 A regular meeting of the Beverly Conservation Commission was held on October 22, 1997 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. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. Meeting called to order by Chairman Lang at 7:00 p.m. Request for Determination of Applicabilities: New: Hale Street (Mullen/Loeb Estate) / delineation determination/ James Mullen Attorney Kim Driscoll addressed the Commission and stated that her client is seeking wetland delineation determination and to set a site visit. Attorney Driscoll stated that Elizabeth Wallace of Hayes Engineering is present tonight to review the wetlands. Chairman Lang questioned how the application was advertised. Attorney Driscoll stated that the map and lot number is typically what is used for filing and advertising purposes, and that it was the standard way to fill out the application. Elizabeth Wallace, a wetland scientist from Hayes Engineering addressed the Commission and stated that the property is located off Hale Street, and that there are wetlands and bordering vegetated wetlands on this property, as well as other isolated wetlands that are under Army Corp. jurisdiction. Ms. Wallace explained the parcel of land noting that the parcel is hilly with steep slopes with some moderate to gentle slopes, that a driveway exists on top of the hill, and that there are wetlands in valleys. Ms. Wallace pointed out all the wetlands on the site. Ms. Wallace explained that the isolated wetlands are pockets of water that accumulate during storms and that there were quite a few areas that were wet because of drainage. Chairman Lang asked if an inventory of wildlife habitats was done. Ms. Wallace stated no, not yet. Chairman Lang asked if there are any wetlands that connect to any Army Corps. wetlands. Ms. Wallace stated no and explained the surrounding wetlands. Chairman Lang pointed out one wetland that he thought might run into a Conservation Commission jurisdictional wetland. Ms. Wallace stated that she checked carefully and that they don't connect, but that they could check during the site walk. Chairman Lang asked what will ultimately be on the parcel of land; especially with respect to roads. Ms. Wallace explained that this is a determination meeting focusing on wetland resource areas only, but stated that there are proposed roadways in the preliminary plans but that they are not finalized. Dr. Johnson asked what the difference was between a DEP wetland and an Army Corps. wetland. Ms. Wallace explained that a DEP wetland must border something. Dr. Johnson asked if vernal pools were investigated yet. Wallace that there are no certified vernal pools on site. Ms. Chairman Lang stated that Commission members might want to consider some assistance from an outside consultant after the Commissions initial look. Chairman Lang stated that he would like to schedule a site walk for November 15, 1997. Chairman Lang asked if anyone from the public wished to speak on this matter. A resident of Beverly Farms asked how many acres of land is this parcel and asked if a site plan has been done recently. Ms. Wallace stated that there is approximately 88 acres on this parcel and that a site plan was done in September, 1997. This resident stated that he is concerned that when there is a regular rain-fall that a lot of water deposits will form and cause flooding of roads and homes. John Murray addressed the Commission and stated that there is running water and streams on the property right know, and its been a very dry summer and fall and stated that there is a tremendous amount of wildlife in this area. Joan Johnson of Beverly Farms asked about the 100' buffer zone. Rene Mary of 274 Hale Street asked if the public will be allowed on the site visit. Attorney Driscoll stated yes, that it has been allowed in the past as long as you sign a release. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the hearing until the Commission's next meeting scheduled for November 19, 1997 pending a site visit, seconded by Jon Mazuy and approved unanimously. 2 New: 82 River Street/buildinq demolition/MoVnihan Lumber Bob Hatch, representing Ed White, addressed the Commission and explained a plan to demolish two existing structures, and to construct one building. Mr. Hatch explained that a small portion of one of the buildings will need to be razed and that the construction of this portion of the building falls within the 200' buffer zone of the Riverfront Area. Mr. Hatch stated that they are here tonight with their initial plans and for delineation of the Bass River. Pat Grimes asked if any work will be done in the Riverfront Area. Mr. Hatch stated that a small section will be. Pat Grimes asked what the extent of the work will be. Mr. Hatch explained that they will be digging 4' holes for footings and back- filling. Chairman Lang asked how the razing of the building will be accomplished. Mr. Hatch explained that they will be using heavy equipment. Chairman Lang asked if there would be any stockpiling of materials, and stated that material will not be allowed to be stored in the Riverfront Area. Mr. Hatch stated that. he sees no reason to stock pile material in that zone that they will have roll-offs and trucks to haul the material off site. Chairman Lang stated that it wouldn't hurt to put up haybales. Mr. Hatch responded fine. Chairman Lang questioned the eroded pavement. Mr. Hatch explained that the eroded pavement is the City's responsibility, that he has no involvement in that. Jon Mazuy asked if any footings or excavation will be done within the 200' buffer zone to the River. Mr. Hatch explained that there will be some disturbance in that area. Tony Paluzzi questioned the footings. Mr. Hatch explained that the footings will be 4' cross wall and that the slab is to meet the existing grade. Tony Paluzzi asked if they would hit any water at high tide. Mr. Hatch stated no, only for the 100 year storm. There being no further questions or conunents regarding this matter, a motion was made by Tony Paluzzi to close the hearing, seconded by Jon Mazuy and approved unanimously. 3 A motion was made by Tony Paluzzi to issue a Negative Determination of Applicability #3 with of; haybales to be installed, that there be no stockpiling, and that any debris is to leave the site immediately, seconded by Pat Grimes and approved unanimously. New: Brimbal Avenue, Essex Street (landfill)/delineation determination/City of Beverly Paul Board of Malcolm & Pirnie addressed the Commission and passed out a wetland and delineation report. Mr. Board explained that he was here tonight on behalf of the City of Beverly for a Request for a Determination of Applicability for a delineation determination. Mr. Board explained that the City of Beverly is in a position to receive excavate from the Central Artery, essentially free dirt for the City to close the landfill. Mr. Board stated that there are a number of items that the City must complete to receive the excavate and that one request is the delineation of wetlands. Mr. Board introduces Joan Hanson. Chairman Lang asked if they are looking for Conservation Commission approval. Ms. Hanson stated yes. Ms. Hanson addressed the Commission and explained that eight (8) wetlands have been identified and that several are isolated and that the remaining wetlands all feed from other systems. Ms. Hanson identified the limits of these wetlands indicating that they do extend further off the site, that the area is heavily vegetated with lots of fragmities and dense shrubbery, and that red maple swamps have been identified. Jon Mazuy asked if the excavate material will be dumped. Ms. Hanson explained that initially they plan to stockpile the dirt on City owned property and stated that the Phase I Plan shows the placement of the material. Ms. Hanson explained that they will situate the dirt so it won't wash into the wetlands. Ms. Hanson explained that they anticipate that they will need 100,000 cubic yards as part of the requirement for placement of material and that a sediment control plan will be submitted at a later date. Ms. Hanson stated that the first stage is to identify the wetlands and see if there is a buffer area and then do a soil erosion plan around the stockpile. Jon Mazuy asked if essentially the City will only be capping the landfill and asked how long of a process it will be. Mr. Board explained that the landfill process will take 2-4 years depending on how the process will be worked out with DEP, and then explained the process and requirements that need to be met for closure of a landfill. Mr. Board explained that the goal in the first phase is to take the excavate, put it on the property and grade it. Chairman Lang asked if it is their intention to take the material and reshape it to get the slopes right and then put a plastic cover over it. Mr. Board stated that or a clay cover, and explained that they would have to look into that part of the prerequisite. Mr. Board stated that they would have to submit a final grading plan and erosion control plan. Jon Mazuy asked if they knew what the clay cover was made of. Mr. Board stated a combination of material, that they would get a seal of approval from DEP and explained that DEP does a testing system. Tony Paluzzi asked if they intend to store the material in a big meuntain until it is spread out. Mr. Board stated no, that it is to be a flat plateau and graded down. Chairman Lang asked once the excavate is placed will that be its final resting place. Mr. Board stated yes, but that there could be some minor reshaping done. Chairman Lang stated that it is the Conservation Commission's concern that there be no permanent mound so that it doesn't end up in the wetlands. Chairman Lang asked after the material is placed, will a sand layer be placed down before the clay cap is put on. Mr. Board stated that he was not sure yet, that they are trying to put the City in a position to afford this project. Dr. Johnson recommended that the Commission schedule a site visit for November 15, 1997. Chairman Lang asked if any one from the public wished to speak. Rene Mary of 274 Hale Street asked how would they prevent the landfill from leaking out. Ms. Hanson explained that the rain will no longer penetrate the landfill because of the cap. Frank Killilea addressed the Commission and explained that the City intends to wait until the stream dries up and the vegetation dies off to investigate further. 5 Mr. Board stated that a capping study will be done to investigate leakage. Mr. Killilea stated that this is a win/win situation for the State and the City, that this offer is only open for a short period of time, that the excavate is coming out of Boston this year and next and that the City is anxious to get the excavate in. Jon Mazuy asked when does the City want to do this. Mr. Killilea stated that approval this month would be helpful. Chairman Lang stated that he wants to make sure that no material gets into jurisdictional areas within the 100' buffer zone. Jon Mazuy asked if in their opinion could this be done. Ms. Hanson responded yes. Chairman Lang stated that the Commission likes to see silt fencing and haybales. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to allow the storage of material on the site, but away from the 100' buffer zone as shown on this plan, Phase I Placement Plan, dated 1997 contingent upon that haybales surround the area fill and without the 100' buffer zone being disturbed; that the materials and sources are allowed to be searched; that the plan be in agreement with the Conservation Commission and/or its Agent and that a call is to be placed to Debbie Hurlburt prior to any soil being placed down so that they can work with her for placement, seconded by Jon Mazuy and approved unanimously. Jon Mazuy asked if the wetlands were flagged. Ms. Hanson responded yes. A site visit was scheduled for November 15, 1997 at 10:30 a.m. A motion was made by Tony Paluzzi to continue this Request for Determination of Applicability pending a site visit, seconded by Pat Grimes and approved unanimously. A motion was made by Jon Mazuy to recess for the purpose of holding public hearings, seconded by Tony Paluzzi and approved unanimously. Public Hearinqs Continuation of Public Hearinq: Old Essex construction/Bob Nelson Street/house Bob Nelson addressed the Commission and explained a plan to build a house on Old Essex Street. Mr. Nelson explained that a rubble stone retaining wall close to the brook is proposed. 6 Chairman Lang explained that the Commission needed a more specific drawing of the plan. Debbie Hurlburt explained to Mr. Nelson that the plan should indicate where the flaggings are on the land, where the bordering vegetated wetlaDd (BVW) is and that the wetlands is the creek. Pat Grimes stated that the Commission will be looking for core samples as well. Tony Paluzzi asked what the soil is made up of. Mr. Nelson stated gravel with some loom and explained that an old apple tree is in the middle of the property. Pat Grimes asked who would be constructing the house. Mr. Nelson stated that he would be. Chairman Lang explained to Mr. Nelson that he needs to make sure that the retaining wall is out of the Commission's jurisdiction, that there be no disturbance of the flow of the brook, that there be no impact of wetlands and that the plan needs to show what the grade is going to be filled to and what the existing and final contours will be! Chairman Lang explained to Mr. Nelson that he could write a letter describing what his intentions are going to be because this is all part of a record to approve or disapprove this project and suggested that his botanist be more specific. Pat Grimes stated that there is not enough information or verification, and that more soil verifications are needed. Chairman Lang suggested that Mr. Nelson get soil samples. Tony Paluzzi asked how Mr. Nelson intends to anchor the toe of the slope. Mr. Nelson stated that he intends to pin the top part to the ledge that is sitting there and that the foundation and retaining wall will be put 2' above grade. Tony Paluzzi asked what type of fill is being brought in. Mr. Nelson explained that he has access to clean gravel. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to continue the public hearing to the Commission's next meeting scheduled for November 19, 1997, seconded by Pat Grimes and approved unanimously. Janet Appleton of 320 Essex Street addressed the Commission and explained that the Zoning Board of Appeals denied a previous plan for construction of a house on this site due to drainage problems. John Murray addressed the Commission and explained that it is his understanding that the City Solicitor in researching this project came to a separate conclusion, that some of the issues raised by Ms. Appleton where mentioned, but were not part of the decision making process, and that the question of this being a buildable lot was grandfathered in because of an earlier decision. Vince Willjams of Old Essex Road asked Mr. Nelson if he is the owner of record according to the Registry of Deeds. Mr. Nelson responded yes. Mr. Willjams questioned the problem of the running water in this area. Chairman Lang explained that the brook was a concern and the that location of the retaining wall is one of the issues with respect to displacement of run-off and the adverse affects, but that George Zambouras told the Conservation Commission that the real problem is the culvert. Ms. Appleton stated that she is a direct abutter of Mr. Nelson, that water gets into her cellar, and that the stream was created and noted that it can't hold the volume of run-off. Mr. Murray stated that the drain on the highway is another problem, that sandbags have been placed there, but that there is a water problem. Mr. Nelson stated that this project will not impact the total volume. Mr. Murray stated that if this plan helps the situation that he would be in favor of this project. Continuation of Public Hearinq: L.P. Henderson Road/construction of mini storaqe facility / T. Ford Chairman Lang recused himself from discussion of this matter. John Dick of Hancock Environmental addressed the Commission, and reviewed the access roads, identified the wetlands and discussed the re-routing of the drainage system. Mr. Dick stated that there will be no change in the grade or the impervious cover. Mr. Dick reviewed the drainage system and the point source discharge, then identified the cross culvert, which is currently being analyzed, and noted that there is a pipe in existence and stated that this pipe will met or come close to storm water management. Mr. Dick explained another change in lieu of the retaining wall and explained that the wall is gone and that the grade will be 3 to 1 then it will taper off at the perimeter wall. 8 Jon Mazuy asked if Mr. Dick thought that the underground pipe will met stormwater management. Mr. Dick explained that it didn't have to meet 100%, but along with the swale he thinks it will meet storm water management. Jon Mazuy asked if then mount of storm water that is coming off the site will virtually be the same. Mr. Dick stated virtually superfluous and continued to explain that it doesn't have a water shed and that the area will need to be regraded. Jon Mazuy stated that the water is going to dnmp into an area by Henderson Road, where there is already water coming off the site and asked how is this going to impact that. Mr. Dick stated that the change will be a small percentage. Pat Grimes stated that the Commission will need the Ransom results. Mr. Ford addressed the Commission Commission's intention to wait for just the Phase I Investigation. and asked whether it was the the complete Ransom report or Pat Grimes stated that she would like to see what Ransom has to say. Mr. Dick stated if it is an unmanageable problem that the project doesn't get built and stated that with respect to drainage and run- off consideration, DEP has a broader jurisdiction. Jon Mazuy asked Mr. Dick if he was suggesting that any contnminants that could impact wetlands was not within the Conservation Commission's jurisdiction. Jon Mazuy stated that he is concerned with the nmount of harmful material that will be dnmped into the wetlands and that he could not vote on this favorable until the Ransom report of storm water management came in. Pat Grimes stated that she agreed with Jon Mazuy. Frank Killilea addressed the Commission and explained that the Salem/Beverly Water Supply Board recommended that a grease/oil trap be installed on the site, as a precaution, to trap contnminants before they left the site. Jon Mazuy asked if it was an oil separator. Mr. Ford stated that it is a DEP grease trapper. Pat Grimes asked if it was in writing yet. Debbie Hurlburt stated that she spoke with Wayne Shank, Environmental Engineer for Ransom and explained that Ransom is 9 going to rearrange their testing schedule and test the Gurnard site first and expedite some soil samples. Debbie Hurlburt also stated that Rene Mary has supplied some material/photos of the area of specific concern where they will be doing soil samples/monitoring wells. Jon Mazuy asked about the burned material on the site. Mr. Ford stated that it is magnesium, if proved to be, a solid waste. Debbie Hurlburt stated that the Ransom report might be submitted as early as mid November and if something is found in Phase I, then they proceed with Phase II in which Ransom will do additional testingand monitoring, but that Ransom will be focusing in on this area first. Debbie Hurlburt reads the letter from Rene Mary dated 10/14/97. (On File) Pat Grimes stated that she wants to wait for the storm water management report and then make a decision. Debbie Hurlburt reads a memorandum from Jay Walsh dated 9/30/97. {On File) Jon Mazuy questioned the information on the water supply line and the sewerage line. Mr. Dick explained that those designs are under review, but that they must tie in sometime in the future. Frank Killilea explained that the sewer line proposal is 90% complete and that it does propose to extend up Cabot Street, Trask Road, Henderson Road, Sam Fonzo Drive and the Airport and that the proposal will be out this winter. Mr. Dick stated that construction can't begin until the site assessment is done. Jon Mazuy stated that he is curious about hiring someone to give the Commission another opinion regarding water run-off and whether or not the watershed can take it. Debbie Hurlburt stated that the City has someone that isn't Mr. Fords engineer, which is Ramson Environmental. Jon Mazuy asked what the affect will be due to the impact of water running off this site into the watershed. Mr. Dick stated that the Salem/Beverly Water Supply Board fully endorses getting this water off the site. Jon Mazuy asked how this will be done. that they will be strongly looking at review. Frank Killilea explained that material after DEP 10 Debbie Hurlburt Ransom should be for November 19, stated that the submitted by the 1997. preliminary investigation from Commission's meeting scheduled There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the public hearing on LP Henderson Road to the Commission's next meeting scheduled for November 19, 1997 and that al! calculations for the watershed be submitted, seconded by Dr. Johnson and approved unanimously. Chairman Lang returned to the meeting at this time. Continuation of Public Hearinq: rebuild qara~e / Charles Raymond 54 South Terrace/demolish & Debbie Hurlburt explained to the Commission that supplemental information has been provided. Pat Grimes stated for your information, that she believes that this activity is subject to the Rivers Act. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing on 54 South Terrace, seconded by Tony Paluzzi and approved unanimously. Continuation of Public Hearing: landscaDinq/Jonathan Inqram 28 Paine Avenue/pool and Mary Rimmer from Rimmer Environmental addressed the Commission and stated that there are no performance standards on land subject to flooding, that basically you do what you want to by coastal flooding areas so long as it won't impact someone else's property. Jon Mazuy questioned the fill situation and asked how coastal regulations tie in. Ms. Rimmer explained that the only guidance that DEP provides for land subject to coastal flooding is a policy guidance, that you can do whatever you want to that protects your property from compensatory coastal flooding, but that it does need to be noted on the plans and that filling is to be done within performance standards. Ms. Rimmer provides Debbie Hurlburr with a letter from an abutter supporting this project. Debbie Hurlburr reads the letter from the abutter. Chairman Lang asked what the elevation was from the top of the fill vs. the top of the sand dune. Ms. Rimmer explained that a topo was not done. Tony Paluzzi asked when was the house built. Ms. Rimmer stated 12 years ago. 11 There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing on 28 Paine Avenue, seconded by Dr. Johnson and approved unanimously. New Public Hearinq: 7R Ober Street/Order of Conditions modification/Avallo__n John Dick of Hancock Environmental addressed the Commission and passed out a site plan. Mr. Dick explained the weep holes in the wall noting that there is not a continuous series of weep holes due to the fact that some of the areas won't ever take on water because of the higher elevation, so they decided not to punch holes where they weren't needed. Mr. Dick then explained that they are proposing to push the pool back, but that they would need to take down a dying tree that is in Conservation Commission jurisdiction. Mr. Dick reviewed the cross-section and stated that his client is requesting a modification to the Order issued for construction of the wall. Mr. Dick explained the grading and landscaping that is proposed under the original Order of Conditions. Jon Mazuy asked Mr. Dick if he was satisfied with not putting in weep holes at the higher elevations. Mr. Dick responded absolutely. Chairman Lang asked if any more weep holes are required. Mr. Dick stated that approximately 6 more weep holes are required in the lower section of the grading. Jon Mazuy asked if the wall shown on the plan is as high as it is going to be. Mr. Dick responded yes. Chairman Lang asked Mr. Dick to review the landscaping proposal. Mr. Dick stated that they are trying to get the yard down to one elevation, and that lawn and shrubs are proposed around the pool and patio. Chairman Lang asked if the applicantanticipates any blasting. Mr. Avallon responded no, he doesn't think there will be a need. Chairman Lang explained that this is an approval without blasting and that if the applicant has to blast then it is his responsibility to come before the Commission again. Jon Mazuy stated that he is concerned with an applicant asking for what appears to be one thing and doing something entirely different, that the Commission needs to establish a precedent for the future. 12 There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to close the public hearing on 7R Ober Street, seconded by Jon Mazuy and approved unanimously. Order of Conditions 54 South Terrace The Commission voted to issue (1) standard and coastal conditions; and in addition (2) any debris generated be removed daily on a roll- off; (3) storage of new material be as far away as possible from the site (ie. lumber, cement, blocks); and (4) that erodible material is not allowed to be stored in an area where it could be washed into the river. A motion was made by Tony Paluzzi to Conditions for 54 South Terrace as agreed, and approved unanimously. approve the Order of seconded by Dr. Johnson 28 Paine Avenue The Commission voted to issue (1) standard and coastal conditions; and in addition (2) all material be placed in a roll-off; (2) that no construction equipment/machinery shall be operated more than 50' behind the dwelling; and (3) that there shall be no cement truck washout on site. A motion was made by Tony Paluzzi to approve the Order of Conditions for 28 Paine Avenue as agreed, seconded by Dr. Johnson and approved unanimously. 7R Ober Street The Commission voted to issue (1) standard and coastal conditions; and in addition (2) there shall be no blasting; (3) that all construction equipment will stay off the beach; (4) prior to placing the final soils, a drainage plan be submitted; and (5) there shall be no cement truck washout on site. A motion was made by Tony Paluzzi to approve the Order of Conditions for 7R Ober Street as agreed, seconded by Dr. Johnson and approved unanimously. Certificate of Compliance a. 403-417 Essex Street/Paul DeLorenzo A motion was made by Jon Mazuy to issue a Certificate of Compliance for 403-417 Essex Street, Lots #5 & 6, seconded by Tony Paluzzi and approved unanimously. 13 A motion was made by Jon Mazuy to extend the Order of Conditions to May 15, 1998, seconded by Tony Paluzzi and approved unanimously. The Commission suggested that a letter be written letting these owners know that they are responsible for protecting the wetlands from any erosion, that the lots have to be seeded next spring and that haybales are to be used for erosion purposes- A motion was made by Jon Mazuy to amend his motion to extend the Order of Conditions to June, 1998, seconded by Tony Paluzzi and approved unanimously. b. 3 Hathaway Avenue/Raymond Fraser A motion was made by Jon Mazuy to issue a Certificate of Compliance for 3 Hathaway Avenue, seconded by Pat Grimes and approved unanimously. c. 181 Elliot Street (Cumminqs Property)/Emhart Industries, Inc. A motion was made by Tony Paluzzi to issue to Certificate of Compliance for 181 Elliot Street (Cummings Property), seconded by Jon Mazuy and approved unanimously. Old/New Business Debbie Hurlburr stated that she has received a letter from Mr. Gelpey to the Conservation Commission regarding work at his house on Lothrop Street. (On File) Debbie Hurlburt handed out a letter from the MCZM and stated that it is on file with the Commission regarding their desire to test water at on inland pond off of Thoreau Circle and Essex Street.. A motion was made by Chairman Lang to accept their proposal, seconded by Tony Paluzzi and approved unanimously. Adiournment A motion was made by Jon Mazuy to adjourn the meeting, seconded by Tony Paluzzi and approved unanimously. Meeting was adjourned at ]0:20 p.m. 14