Loading...
1997-12-16City of Beverly Conservation Commission BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING DECEMBER 16, 1997 A regular meeting of the Beverly Conservation Commission was held on Tuesday, December 16, 1997 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those present were: Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Pat~cia Grimes, Jay Donnelly and Richard Benevento. Also present was Assistant Planning Director Debbie Hurlbutt. Meeting was called to order by Vice-Chairman Palnzzi at 7:00 p.m. Request for Determination of A~Dlicabilities: Continued: Hale Street (Mullen/Loeb Estate) / delineation determination / Mullen Debbie Hurlburt stated that a continued site walk was conducted on Saturday, December 6 for the Loeb Estate. Ms. Hurlbutt stated that due to additional information necessary, the Commission has asked for an extension of time for their determination. Ms. Hurlburr stated that she discussed the need for an extension with Hayes Engineering representative Libby Wallace and she gave the approval to continue. A motion was made by Jon Mazuy to continue the discussion on this matter to the Commission' s January 13, 1997 meeting, seconded by Pat Grimes. All members in favor. Motion carries. Continued: Brimbal Avenue / Essex Street (landfiB / delineation determination / City of Beverly Debbie Hurlburt stated that she had discussed with Chairman Lang this proposal and he indicated that the Commission discussed the need to hire an independent consultant to review the delineation. Discussion ensured with members regarding the mount of money that should be expended on this review. A motion was made by Richard Benevento to appropriate $2,000 to hire an independent consultant to review the weftand delineation, seconded by Jon Mazuy. All members in favor. Motion carries. City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 FAX (508) 922-0285 Debbie Hurlburr stated that due to the need for the Commission to hire an independent consultant, she asked the City Engineering Department for an extension of time by which to act on this filing. Ms. Hurlburt reads letter f~om City Engineer Frank Killilea (on file). A motion was made by Jon Mazuy to continue discussion on this matter to the Commission's January 13, 1997 meeting, seconded by Pat Grimes. All members in favor. Motion carries. New: 675 Hale Street / maintenance for amnesty license / Eu~enia Seamans Robert Alveraz from Massachusetts Coastal Survey introduces himself to the Commission. Mr. Alveraz discusses the topography and land area for this site. Mr. Alveraz stated that the structure was built in the 1890's, and that this structure is primarily a drainage control structure. Tony Palnzzi asks if this is under the Army Corp of Engineer (ACOE) jurisdiction. Mr. Alvenaz responds yes, and that it fails in a category 1 of the ACOE. Mr. Alveraz explains that there are three categories; however, this is a minor filing and it primarily means that Chapter 91 Amnesty approval is almost automatic. Richard Benevento indicated that this is clearly within the Commission's jurisdiction so why did he bother to file a Determination of Applicability. Mr. Alveraz stated that he believes that this is clearer, and it also puts that applicant on notice that this is within the Commission's jurisdiction. Mr. Benevento asks what is the pipe shown on the plan is used for. Mr. Alveraz stated that it is for overflow and that there is tremendous overflow in this area. Dr. Johnson stated that he did view the site and can attest to the structures existing. Vice-Chairman Paluzzi asks if there is anyone here that would like to speak on this application. There was none. A motion was made by Richard Beaevento to grant a Positive Determination #1 with a notation be placed on the Determination indicating that the structure is existing as represented on the plan as entitled, seconded by Pat Grimes. All members in favor. Motion carries. New: 53 SonninR Road / Garage construction / Dunlov Angels Dunlop addressed the Commission and stated that they are in the process of consmatting a two car garage at 53 Sonning Road. Ms. Dunlop stated that the excavation is already completed, and that they did not realize that they were in Commission jurisdiction. Debbie Hurlhurt stated that she received a compliant via a telephone call several weeks ago regarding this work being conducted without any mitigation measures in place. Ms. Hurlburr stated that she conferred with Tony Paln~Ti about the situation and they felt that they should file. 2 Ms. Hurlbutt adds that she stated to the applicant that no further work could be conducted until a p~rudt was granted from the Commission. Tony Palnz~i asks if the grading and seeding is complete. Mr. Dunlop states that the seeding is not but that would occur in the spring. Vice-Chairman Palu~i asks if there is anyone who wishes to speak on this proposal. Joan Murphy of 36 Longmeedow Road addressed the Commission and indicated that she is the person who complained about this work being done without any filing. Ms. Murphy stated that she is very concerned with this area and that the presentation left a lot to be desired. Ms. Murphy states that there is a brook that nm~ at the rear of the property and it is the one that the Commission walked when they did a site walk for the Camevale project. Ms. Murphy showed pictures of the weftand area. Vice-Chairman Paluzzi asks if there is anyone else interested in speaking on this proposal. There was none. A motion was made by Jon Mazuy to issue a Negative Determination #3 with a condition that the applicant immediately place haybales and silt fencing according to the Commission's standards, extending 5 feet on both sides of lot, and structures shall remain in place until growth vegetation is obtained, seconded by Richard Benevento. All members in favor. Motion Canies. A motion was made by Jon Mazuy to recess for the purpose of holding public hearings, seconded by Pat Grimes. All members in favor. Motion carries. Public Hearin2s Continuation of Public Hearin2: LP Henderson Road/construction of mini stora2e facility / Ford Tom Ford addresses the Commission and hands out a draft report that he just received from Ransom Environmental. Mr. Ford indicates that there is still some samplings that is going on and that more observation wells will be going in at the oil tank location. Mr. Ford adds that the revised plans that the Commission received indicates the changes asked for by the Beverly Salem Water Board. Tony Palnr~i asks when the other tonnation would be available. Mr. Ford responds that he does not know. John Dick from Hancock Environmental addresses the Commission and begins discussion on the drainage areas. Mr. Dick states that the watershed will go from the site to the 30" diameter culvert under Trask Street. Mr. Dick introduces Mr. John Murpby who will answer questions regarding drainage if the Commission desires. Richard Benevento asks if the increase in water is acceptable for these pipes. Mr. Dick responds that the increase is negligible, and mounts to only a 3" increase in the 100 y~ storm. Dr. John~n asks if it was being represented that the drainage presently is going toward Wenham Lake. Mr. Dick responds that the. access road to the airport is the watershed and that this site is another watershed. Mr. Dick adds that the entire area goes to the Bass River but was unsure if it did or did not go to Wenham Lake; however, in the future this would not flow there. Tony Paluzzi asks if the outlet pipe should be increased to 15". Mr. Murphy responds that only across the road would the pipe be increased, but this existing pipe at this site is sufficient. Richard Benevento asks if the post developed velocity will have an impact on this pipe. Mr. Dick states that this would not be a bad idea to change the pipe. Tony Paluzzi asks if the pipe under Sam Fonzo Drive is part of the ASA design. Mr. Dick responds that it will. Richard Benevento asks if the pipe under LP Henderson Road will handle the additional flowage, and suggested that the applicant contact the City Engineer to determine this. Mr. Murphy states that he would recommend a 15" pipe be placed there. Jon Mazuy asks the applicant ff he is comfortable with the draft soil sample results. Mr. Ford responds that be can't do the work without approval from DEP and that there is a condition in the Beverly Salem Water Supply Board letter that he must get DE1~ approval before he moves forward. Vice-Chairman Paln~i asks if there is anyone that is interested in speaking on this proposal. Renee Mary of 274 Hale Street addresses the Commission and states that she is uncomfortable that the documentation was given to the members tonight without an opportunity for them to really digest it and she would like to see more text. Ms. Mary adds that as far as where the water goes, there was a report done by Haley and Aldrich indicating that the water goes downhill ~'om the site into the Lake and southeast toward the reservoir. Ms. Mary states that there is a divide of water through Beverly Airport, and that in the PIP document there indicates that there is a large wetlap_d that goes into Airport Brook. Ms. Mary states that she thinks the Commission should take more time to reflect on this information. A Motion was made by Dr. Johnson that the information is sufficient to close the public hearing, seconded by Jay Donnelly. Johnson, Donnelly and Benevento vote in favor; Grimes, Mazuy and Paluzzi vote against. A tie, motion fails. John Dick asks Commission members what information they would like to have. Pat Grimes states that she would like more time to digest all this technical information. Tony Paluzzi states that he would like to see what size pipe is going on at Same Fonzo Drive. 4 Vice-Chairman Paluzzi asks if them is anyone else that would like to speak on this proposal. There was none. A motion was made by Dr. Johnson to continue the Public Hearing to January 13, 1997, seconded by Jon Mazuy. All members in favor. Motion carries. Continued: 940-942 Hale Street / Cormtry Homes Debbie Hurlbun states that the Commission has been asked to continue this agenda item to their meeting in January due to the need for the applicant to compile additional data. Ms. Hurlbun roads letter from Hancock Environmental (on file). A motion was made by Richard Benevento to continue the Public Heating to January 13, 1997, seconded by Dr. Johnson. All members in favor. Motion carries. Continued: 449 Cabot Street / Fouad Ann Marion of LEC Environmental Consultants addressed the Commission and that the changes that the Commission had requested at the site wall have been included on the plan. Ms. Marton states that she has a concern as to whether to utilize vegetation or tip-rap for this plunge pool because this is a filled slope. Ms. Marton introduces Mr. Mark Smith, the engineer for the project. Mr. Smith indicates that he placed on the plan the 10 year flood elevation which mounted to 6 cubic feet per second, and he cleaned up the detail of rip-rap for the plunge pool. Mr. Smith states that they are creating a 4' x6' basin, it will empty and spill over the rip-rap and trickle over the rim. Mr. Smith also states that he did the calculations on the impact of the 10 year storm and that he anticipates 1/2" level of water flow, and that this amount is so small that they are comfortable that there will be no real additional flow. Jon Mazuy asks if the pipe leading to the plunge pool is below the surface. Mr. Smith states that it is 2 1/2 feet below at a certain level, and then is less then that at different points. Jon Mazuy asks how far down the bank will the rip-rap be. Mr. Smith states that 3' 3" from the top of steep grade, and still several feet up from the flagged area. Jon Mazuy asks how this will be installed. Mr. Smith states that they will use equipment to excavate, something like a bobcat and that he would have a small dnmptmck available to put the excavated material, and that the final placement will be the wall. Jon Mazuy asks how do you stop particulates from entering the resource area. Mr. Smith states that there will be a contiguous silt fence and then after the project, they will dress up the edge. Mr. Mazuy asks if there will be a silt fence between the rip-rap structure and the water. Mr. Smith responds yes. 5 Richard Benevento ash what type of rip-rap. Mr. Smith states crushed stone. Mr. Benevento states that he is looking for sizes larger than 2" in diameter. Mr. Smith states that 2-4" would be the best. Tony Paluzzi asks if anyone in attendance is interested in speaking on this project. There was none. A motion was made by Richard Benevento that the information is sufficient to close the public hearing, seconded by Jon Mazuy. All members in favor. Motion carries. New: 20 Foster's Point / extension of oier / McNeil Robert Alveraz from Massachusetts Coastal Survey introduces himself to the Commission and indicates that this pier lies in the Danvers River and explains the plan to members. Tony Palur~i asks how will the piles be installed. Mr. Alveraz states from a barge and that they will be driven in or vibrated in, and that the work has to be done at high tide. Dr. Johnson asks what the piles are made out of. Mr. Alveraz responds 2.5 lb arsenic. Dr. Johnson asks how long the pier will be. Mr. Alveraz responds it is a 185' extension. Dr. Johnson asks if this application has been filed with the Army Corp of Engineer (ACOE). Mr. Alveraz responds that it has and this is deemed a Category 2. Dr. Johnson asks if the construction of the pier will be from the barge. Mr. Alveraz responds yes. A motion was made by Richard Benevento to continue the public hearing on this matter to January 13, 1997, seconded by Dr. Johnson. All members in favor. Motion carries. A motion was made by Richard Benevento to conduct a site walk for 20 Foster's Point on Saturday, January 10, 1997, seconded by Pat Grimes. Members in favor, 5-1; B enevento, Mazuy, Grimes, Palnz~i and Johnson in favor, Donnelly opposed. New: 6 Sho~h~teadow Road /drivewav construction / Pautette John Dick of Hancock Environmental addressed the Commission and states that his client is interesting in consreacting a driveway across 6 Shortmeadow Road so that Mr. Panictie can access the back of his property with snow equipment. Mr. Dick explains the site, and indicates the Commission's recent approval for the consu'uction of a paved parking lot for Mr. Axehut Booris. Mr. Dick states that his client is not intending on utilizing this as a regular driveway and the reason he cannot do this from his driveway on 11 Dodge Street is because his lawn is punIcy. Tony Paluzzi asks if there is any fill that is needed. Mr. Dick responds some; 6" of gravel fill just to harden the area at grade. Tony Paluzzi asks how long the driveway will be. Mr. Dick responds 80'. Richard Benevento states that flag #9 is extremely close to the driveway and how do we keep something from going into the resource area. Mr. Corey Palutte responds that he will be willing to put in boulders or anything else the Commission requires to ensure that nothing gets into the resource area. Vice-Chairman Paluzzi asks if there is anyone in attendance that would like to speak on this proposal. Joan Murphy of 36 Longmeadow Road addresses the Commission and states that she is very concerned with this property, and states that the earlier filing by Mr. iris has not done one new thing yet and wonders how the Commission could approve this without the other project complete yet. Tony Paln:,~i asks if there is anyone else that would like to speak on this proposal. Them was none. A motion was made by Jon Mazuy to continue the Public Hearing on this proposal to January 13, 1997, seconded by Pat Grimes. All members in favor. Motion carries. A motion was made by Richard Benevento to hold a site walk on Saturday, January 10, 1997 at 9:30 a.m., seconded by Pat Grimes. All members in favor. Motion carries. New: 10-12 Congress Street / soil installation / Morton International Nigel Tindall from CH2M Hill introduces himself to the Commission and states that the scope of work is a site remediation project. Mr. Tindart states that they are intending on backfilling the existing excavation that was left at the site in late 1996, early '97. Mr. Tindall states that a sediment control barrier will be placed on top of the sea wall and haybales arotmd the rest of the property. Mr. Tindall adds that this will be approximately a 2-3 week project which involves bringing in clean fill and compaeting it. Richard Benevento asks if this is the same site that was issued an Order of Conditions previously. Mr. Tindall responds yes. Richard Benevento states that he is concerned with issuing a new Order of Conditions without closing previously ones out. Richard Benevento asks how much material will be brought into the site. Mr. Tindall responds 5,500 cubic yards. 7 Richard Benevento asks if the dumping will be at the site. Mr. Tindall responds they will be dumping in the hole and compacting. Mr. TindaB responds that he does not believe that he will be working at high tide. Richard Benevento states that he would like to know the cor~tractor' s schedule. Tony Painful asks ff there is anyone interested in speaking on this project. There was none. A motion was made by Jay Do~nelly to close the Public Hearing on this application, seconded by Dr. Johnson. All members in favor. Motion carries. Order of Conditions 449 Cabot Street 1. Standard Commission conditions 2. Rip-rap material shall be 4 "-6" in diameter, tight and inter-connected by hand with the entire operation concluding within one working day (placed in dry). 3. No cement Uuck wash outs shall occur at the site. 4. All excavated material shall be stored in a container and removed daily. 5. All heavy equipment shall be stored away from the brook. A motion was made by Jon Mazuy to issue the aforementioned conditions for the project at 449 Cabot Street, seconded by Dr. Johnson. All members in favor. Motion carries. 10-12 Congress Street 1. Standard Commission conditions. 2. Standard Coastal Commission conditions. 3. Heavy equipment shall be stored away from the resource area. 4. Dewatering into the coastal resource area is prohibited. Property dewatering methods, if necessary, shall be in place and approved by Commission administrator. 5. No work shall commence until the applicant receives Certificates of Compliances for previously filed Notice of Intent. 8 A motion was made by Jay Donnelly to issue the aforementioned conditions for the project at 10-12 ConFess Street, seconded by Jon Mazuy. Members in favor; Palur~i, Donnelly, Johnson, Grimes and Mazuy; I abstention, Benevento. Old/New Business Maestranzi nronertv Debbie Hurlbun states that the Commission has received the Superseding Determination of Applicability for Maestranzi property on Dunhem Road stating that they upheld the Commission's Determination. Ms. Hurlburt hands out document to members. Eaton Cornoration Debbie Hurlbun states that she has received a letter from Steven Roberge from Eaton Corporation indicating that the work that was required to be done to fix the failed slope has been completed. Hurlbun shows pictures. Ms. Hurlbun states that Eaton Corporation is seeking a lilt of the Enforcement Order. Tony Paluzzi states that he has viewed the site and it looks stable. A motion was made by Jon Mazuy to lilt the Enforcement Order for Eaton Corporation, seconded by Pat Grimes. Members in Favor, Donnelly, Mazuy, Grimes, Johnson and Palnz~i 1 abstention, Benevento. ' Anpmval of Minutes Vice-Chaimmn Paluz~i asks members if there were any emendments or additions to the minutes of October 22, and November 19, 1997. A motion was made by Dr. Johnson to approve minutes of October 22 and November 19, 1997, seconded by Jon Mazuy. Members in favor; Donnelly, Mazuy, Grimes, Johnson and Paluzzi; 1 abstention, Benevento. Adioumment A motion was made by Dr. Johnson to adjourn, seconded by Pat Grimes. All members in favor. 9