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1996-12-10BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING DECEMBER 10, 1996 A regular meeting of the Beverly Conservation Commission was held on December 10, 1996 at 7:00 p.m. in the City Hall Chambers, 3rd floor of Beverly City Hall. Those Present were: Chairman David Lang, Patricia Grimes, Tony Paluzzi, Jon Mazuy, Dr. Mayo Johnson. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. The meeting was called to order by Chairman Lang at 7:00 p.m. Approval of Minutes - October 15, 1996 & November 12, 1996 A motion was made by Tony Paluzzi to approve the minutes as amended, of the October 15, 1996 and the November 12, 1996 meeting, seconded by Dr. Mayo Johnson and approved unanimously. Requests for Determination of Applicabilities Continuation: 35 Standley Street/soccer field/Warinq School Anthony Sabesee, a representative from Waring School addressed the. Commission and stated that a revised version for the expansion of the soccer field has been submitted. Mr. Sabesee explained that there has been a adjustment to the field by 5 feet and that hay bales and silt fencing will be placed on the field. Tony Paluzzi asked if any trees would have to be cut down in order to move the field. Mr. Sabesee stated that only the over hang will be cut. There being no further questions, Chairman Lang stated that the Commissien will make their determination later this evening. New: 123 Brimball Avenue/building addition/Sensitech Bill Manual of Hancock Environmental addressed the Commission and explained that the current site is already developed and has two existing buildings on it. Mr. Manual explained that the wetland resource area is off the edge of the parking lot, and that there will be grading work at the back of the lot. Mr. Manual stated a Certificate of Compliance was issued. Mr. Manual explained that the proposed building will extend into the 100' buffer zone by 75' which will land on the existing parking lot which will require cutting of the pavement and then construction of the building. Mr. Manual noted that they will rim the perimeter with hay bales. Mr. Manual explained that they are seeking a positive determination with conditions and stated that what they are proposing will not have an impact on the area. Jon Mazuy asked where will the water run-off go. Mr. Manual explained that there are two existing pipes that handle the current · two roof run-off and any additiona.1 run-off will go tO these two pipes. Jon Mazuy questioned if the drains would release water next to the hay bales on the Northeasterly side. Mr. Manual stated that is correct. Chairman Lang asked where would the excavated soils go. Mr. Manual explained that the soils will be stocked piled in the rear of the parking lot and then removed off the site. Chairman Lang questioned if the excavated soils would run into the buffer zone. Mr. Manual stated that was a possibility. Jon Mazuy asked if they expect to encounter ground water and how will it be taken care of. Mr. Manual stated they may possibly encounter ground water and explained that they are planning to install a dewatering corral. Chairman Lang asked if the applicant will have to dewater. Manual stated yes. Mr. Chairman Lang asked if there was a more sophisticated system available. Mr. Manual stated yes, but it is very expensive and explained that they would have to get rid of the sediment that collected in the bag. Tony Paluzzi asked if there willbe any surface drains. Mr. Manual stated sheets. There being no further questions, Chairman Lang stated that the Commission will make their determination later this evening. New: Lakeshore Avenue & Bonad Road/delineation determination/SVmes Associates Jon Mazuy recused himself from discussion of this matter. Elizabeth Wallace of Hayes Engineering addressed the Co~unission and stated that she was representing tbe applicant. Ms. Wallace explained that the site has 25 acres of land and that several properties are included. Ms. Wallace explained that there are two bordering vegetated wetland areas, that both have bordering intermittent streams, and noted that there is an isolated vegetated wetland area that does not come under the Conservation Commission's jurisdiction. 2 Pat Grimes stated that she would like to do a site visit. Chairman Lang stated that he is concerned with the one area that is near a flowing stream. Ms. Wallace stated that the stream was not flowing when the area was delineated and would have to look into the matter. Chairman Lang asked if any one from the public had any questions or comments. A resident of Beverly asked where the drainage will go and stated that there is a serious drainage problem in that area and would like the Commission to take into consideration that the area is very wet. Ms. Wallace stated that she was not prepared to answer questions regarding future development. James Torgler, 27 Lakeshore Avenue asked if they have considered the run off in this area and stated that the collection of water from composite run off is a big problem and stated that he is concerned with water collection in the ground. Renee Mary, 274 Hale Street asked if the general public could attend the site visit. Chairman Lang responded that if the property owner gives approval the Commission accepts the public attendance. A resident of Beverly asked where Lot #102 is and stated that the area was all wetlands. Ms. Wallace showed where Lot #102 was on the plan. Virginia McGlynn, Ward 4 Councillor addressed the Commission and stated that she wants a guarantee that not a drop of water will be added to this area, that the area is already wet enough and explained that there are three streams in this area and that two of these streams originate from this area. Jessie Mueller, 36 Lakeshore Avenue stated that there are not enough drains in this area and that excess water lands on her lawn and she stated that something needs to be done. A determination was made that a site visit would take place on Saturday, December 14, 1996 at 9:00 a.m., with a rain date of Sunday, December 15, 1996 at 9:00 a.m. Jon Mazuy returns to the meeting at this time. Discussion: _~nham Road/Maestranzi/indeDendent reDort Hugh Mulligan of Gulf of Maine Research Center reviewed the history and gave a letter to the Commission with the results of the survey regarding the wetland lines. Mr. Mulligan stated that he is here tonight to determine whether or not the wetland line is correct. 3 Mr. Mulligan stated that the identified area was flagged by a consultant and that he did not disagree with the dellnation of the wetlands, but he did however disagree with the conclusion that the Conservation Commission has no jurisdiction because this is a bordering vegetated wetland and not an isolated wetland. Mr. Mulligan explained that they reached this conclusion because a stream or' ~hanne'~' in'the ~reU~d 'fit~ ~he"defini~ion that this' " " wetland area is protected under the Wetland Protection Act. Mr. Mulligan stated that the Conservation Commission is allowed and is required to issue an Order of Conditions. Mr. Mulligan stated that there should be no filling in on the outside of the buffer zone and that it should be recommended in the Order of Conditions that the trees that were cut down be replaced with other trees and that hay bales should be put down. Jon Mazuy asked what types of trees were cut down. Mr. Mulligan stated some red maples and a few oaks and explained that these trees will continue to grow out from their stumps. Chairman Lang asked how much damage has been done to the habitat. Mr. Mulligan explained that when the spring comes and the frogs head back into the pond and lay their eggs and then go back into the woods this will give us a better idea of how much damage has been done. Mr. Mulligan stated he was not sure how many frogs where out there. Tony Paluzzi questioned if soil samples have been taken. Mr. Mulligan stated yes they did testing and checked the soil within the wetland and it was concluded that hydric soils extended out to the flagged area. Tony Paluzzi questioned the type of flow. Mr. Mulligan sheet flow and explained that it flows out about 200 feet connected from the wetlands. stated that is Brian Johnson, 122 Brimball Avenue asked what will the temperature of the water be due to no trees to shade it and will it dry up quicker. Mr. Johnson also asked what adverse affect will this have on the frogs. Mr. Mulligan stated he did not know the temperature of the wetland and stated that it did dry up in the summer. Mr. Mulligan stated the adverse affect on the frogs, perhaps the ability to survive in all temperatures. Mr. Maestranzi addressed the Commission and stated if this area has been classified as isolated and subject to flooding than the Commission has no jurisdiction. Mr. Maestranzi stated that he placed a call to the DEP to ask them to make a determination of this area. Brian Johnson, 122 Brimball Avenue stated that the vernal pool can't be filled in and that the pool is protected by the Federal 4 Clean Water Act/Mass Audobon Society and suggested that Mr. Maestranzi write a letter of good will indicating that he will accommodate the vernal pool and protect it. Mr. Maestranzi stated that his plan was to have a ten acre development With a small road and a cul de sac, a campus. type.of mini industrial park, and explained that'his alternate"pIan is'to take the area that was flagged as wetlands and continue around the 100 foot buffer zone area, isolate all vernal pool areas, place hay bales around it and develop 60% of the land utilizing the land without going into these vernal pool areas. Pat Grimes stated that it appears that the vernal pool area is all around it and that Mr. Maestranzi is in violation of a State Law and questioned what is going to be done to rectify this. Chairman Lang suggested to Mr. Maestranzi that since there are several protected areas that Mr. Maestranzi devise a remedial plan and present it at the next meeting. Mr. Maestranzi stated that he doesn't feel he should submit a remedial plan until the DEP makes a determination. There being no further questions or comments regarding this issue, a motion was made by Dr. Mayo Johnson to recess for the purpose of holding public hearings, seconded by Tony Paluzzi and approved unanimously. Public Hearinqs Continuation of Public Hearinq: Shortmeadow Road/parkin~ lot/Prime Realty Trust, II Chairman Lang reads a letter to the Commission from the attorney representing the applicants of Shortmeadow Road. (On file). A motion was made by Jon Mazuy to continue the public hearing until the January 7, 1997 meeting, seconded by Pat Grimes and approved unanimously. Continuation of Public Hearinq: construction/Max Corbett Porter Street Extension/house Bill Manual of Hancock Environmental Consulting Company addressed the Commission and reviewed the coastal bank on the plan. Mr. Manual stated that this was an appropriate location to tie in the sewer and stated that they are going to relocate the tie in to the sewer. Mr. Manual stated that this property is on a river front and stated that the Commission can use the maximum latitude in deciding to allow a project in a River Front Act. 5 Mr. Manual stated that a deed of the property dated since 1963 has been submitted and that the property falls under the provision of a grandfathered lot. Mr. Manual stated that the entire lot is in this zone. M[....Manual...asked..if the Commission would .issue an. Order of Jon Mazuy asked where in the Act does it state that the property is grandfathered in. Mr. Manual shows Mr. Mazuy a copy of the Interim Guidelines issued by the DEP on November 18, 1996 and stated that they were written to help interpret the Act. Mr. Manual reads a paragraph of the Interim Guidelines. Jon Mazuy expressed concern regarding the impact of water pressure against the retaining wall. Mr. Manual explained that a retaining wall will be constructed first, back-filled and then the construction of the foundation will take place and stated that no part of the wall will exceed 10 feet. Mr. Manual stated that the construction of the wall will meet the possible affects of water pressure and stated that that was a question for the architect. Mr. Manual noted that the building inspector will also review the plans. Max Corbett stated that drainage is more of a concern. Pat Grimes expressed concern about pollution from driveway run off (ie: gas, oil) and the affect it will have on selfish. Mr. Corbett stated that to his knowledge there are no selfish in this area. Steve Brauninger, 23 Webber Avenue stated that there are signs of shellfish at the high tide mark. There being no further questions or comments on this proposal, a motion was made by Pat Grimes to continue the public hearing to the January 7, 1997 meeting, seconded by Tony Paluzzi and approved unanimously. Chairman Lang noted that the Commissions concerns are issues of the grandfathering of the property, the retaining wall, phase sequence, shellfish, pollution and wildlife and that Mr. Manual should be prepared at the next meeting to answer these questions and that a sketch of the retaining wall would be helpful. Continuation of Public Hearinq: Birch Woods Drive 52, 53 & 54/house construction/David Walsh Lot 46, 49, Curt Young of Wetland Preservation, Inc. addressed the Commission and updated the Commission on the pattern they took during the site walk. Mr. Young stated that he has provided four revised site plans for Lots 5, 8, 9 & 10. (Lot 49, 52, 53 & 54) Jon Mazuy asked the distance from the stream to each of the properties. Mr. Young stated Lot 10 has more than 100 feet distance from the house to the road, Lot 5, the stream is delineated 60 feet to the edge of the driveway, Lot 8 has approximately 120 feet, and Lot 9 has approximately 100 feet. Mr. y~ung.sta~ed that .the. larger.streamwasan intermittent stream and' an intermittent ~tre~m has to fldw ~t least o~c~ durin~ {he year. Mr. Young stated that the design of these homes are set up for protection of these resource areas and that retaining walls will be incorporated. Chairman Lang asked if the Rivers Act applied to this project. Mr. Young stated that he would have to figure that out. Jon Mazuy asked if the soils in the banks of the house lots have been tested. Mr. Young stated that extensive soil testing has been done down in the lower back side of the property. Chairman Lang stated that he is worried that water could get into the basements and asked if the project will affect this situation for better or worse. Mr. Young stated that the removal of the piping system was to alleviate the water problem and that the project is designed with detention basins to collect the rate of discharge at or below current discharge, it will be reduced slightly. Pat Grimes asked if there would be a lot of filling in on Lot 10. Mr. Young stated yes and explained that this lot grades down and that they plan on filling it in with ledge, stone, sandy loom, etc. Chairman Lang noted that Lot 10 was a very wet area and stated that there is water where the garage will go and asked if it could be reconfigured. Mr. Young explained that Lot 10 has been revised to move the house and make it smaller. A resident at 103 Cross Lane stated that the stream they are referring to is a brook not a stream and stated that at no time of the year is it dry. A resident of Beverly asked if the location of the sewer line has been changed. A resident of Beverly stated that there is one more stream that is not shown on the plan. This resident showed the Commission a video tape he made showing another stream. Gary Scavlin asked if there is enough change in the sewer to require the Conservation Commission to review and stated that he is concerned with sewerage and how the new sewerage will affect their septic system. 7 Mr. Hurt, 71 Cross Lane stated that his main problem was the holding area and asked if there will be a control method and how deep will the pond be at its highest level. Mr. Young stated a detention pond will be installed with pipes for the water to be detained and released slowly. Mr. Young also stated that the pond will. raise to 3~ feet and explained that-.the pipe does allow the water to co~e back .i~o the stream. ' .. Mr. Hurt stated that the holding area adjacent to this property doesn't have a drain and there has been no problems for four years and that the water seeps naturally. Mr. Hutt stated that the City of Beverly should consider in the future that no brooks should be piped, and that the water table needs to be controlled. Stephen Crane, 3 Robins Road asked how will the storm drain be feed and stated that stream stakes should be added to identify the stream. Mr. Young replied that the storm drain will be gravity feed. Mr. Crane asked when was the home on Lot 12 built. Mr. Young stated it was built before he was involved in the project. Mr. Crane asked if they would be blasting and how much blasting would take place. Mr. Crane asked specifically on Lot 9 & 10, will the blasting impact the stream and adjacent wetlands and how much material will be removed. Mr. Young responded he had no idea how much blasting would that place that it varies from lot to lot. Renee Mary, 274 Hale Street stated she has concerns about how much rock will be blasted, that flooding was not considered, and that the water flowing will continue under ground onto Thissel Street. Ms. Mary stated she is also concerned with where the boulders will be stored, what size trucks will be used to remove the boulders, the safety of the residents and how many daily runs. Ms. Mary also stated she has concerns regarding the length, width and depth of the detention basins and asked what will the storing capacity be, she stated that the water table will increase and asked how will it get into the detention basin. Mr. Young stated that houses are to be built, blasting will take place on irregular terrain and that there have been calculations made for drainage. Mr. Young stated that the blasting should not affect the increase of the water table, the brook or the intermittent stream. Ralph Edelstein, 82 Boyles asked if the plan has changed from being a forced main sewer to a gravity. Mr. Young responded he will have to look. 8 Mr. Hutt, 71 Cross Lane asked what provisions have been made in regard to added water. Mr. Young stated that detention basins are designed to catch current water run-off andany additional run-off. Mrs. Hutt, 71 Cross Lane stated that she is concerned with excess water run-off because this added water..will. land on her property and stated that no provisions ha~ b&en made for residents on'the opposite side of the brook. Mr. Young explained that a drain culvert is being proposed. Virginia McGlynn, Ward 4 Councillor stated that she does not want to see one more drop of water in this area. Ms. McGlynn stated she is not impressed with the holding ponds and stated that water will go where it wants to. Tom McAuliffe, 48 Boyles Street stated that he would like to know what provisions have been made regarding water run-off for his property/area and stated that the area is very marshy and he doesn't want any more water. A motion was made by Tony Paluzzi to continue the public hearing pending another site visit scheduled for Saturday, December 14, 1996 at 11:00 a.m., and that more information regarding the River Act is obtained and clarification from DEP, seconded by Pat Grimes. Motion carries 4-1 (Jon Mazuy opposes). New: Brookwood Road/utility work/Brookwood School Thomas Kneedy, a civil engineer addressed the Commission and explained that the school is under-going an expansion to add a technologycenter. Mr. Kneedy explained that the school is located in Manchester but the access road is in Beverly. He explained that the water supply comes in from Manchester through an old 6" line and that they are proposing, to install a new 10" line in Manchester, bypass the 6" line and go straight up the street, into the shoulder and across the brook. Mr. Kneedy stated that test holes have been done to determine what type of soils are there, that they will be excavating down and digging across the brook with minimal disturbance, that the flat area trench would be 6' wide, that there will be no stock piling issues, and that the excavated soils will be loaded onto a truck and taken off the site. Jon Mazuy asked if the brook would be affected. Mr. Kneedy stated that they will not drive the equipment through the brook. Jon Mazuy questioned if they would stop the flow of water. Mr. Kneedy stated that they would divert a portion of the brook to another side, put in that piping and vise versa. Chairman Lang asked if they would be dewatering. Mr. Kneedy responded yes, and explained that a dewatering system is already in 9 the athletic field and that they are not expecting a heavy dewatering area. Chairman Lang asked if any one from the public wish to be heard. Mr..M~Ginnis stated that he is concerned with water and Stated.that he never had water. on his prOperty'until the 'athletic field was built, he stated that the water table is delicate and that there is no assurance what is going to happen. Mr. Kneedy stated that they are not changing the flow of the brook or the grading. Mr. McGinnis asked if they will be digging and questioned if the water flow would be disturbed. Mr. Kneedystated that they are not changing the surface of the ground, that they will be installing culverts in the brook for a short section and then tunnel under the brook. A motion was made by Tony Paluzzi to continue the public hearing pending a site visit on Saturday, December 14, 1996 at 10:00 a.m., seconded by Dr. Mayo Johnson and approved unanimously. A motion was made by Tony Paluzzi to reconvene, seconded by Dr. Mayo Johnson and approved unanimously. Old/New Business a. Attorney Alexander regarding Cressv property Attorney Alexander addresses the Commission and updated the members and stated that they are here tonight seeking input from the Conservation Commission in regard to releasing management and control of this parcel of land back to the City. Mr. Alexander stated in return they will pay a total of $77,000 in back taxes to the City of Beverly and deed the parcel to the City of Beverly. Mr. Alexander stated that they would propose to buy only ½ of the other parcel of land, of which the abutter has granted easements, and they would propose to increase the recreational area and make accessible. Chairman Lang asked what parcel will be develop. Alexander shows him on the plan. Attorney Pat Grimes asked who owned the parcel. responded the Planters subdivision. Attorney Alexander Tony Paluzzi asked how many houses will be developed. Alexander responded a total of six houses. Attorney Tony Paluzzi questioned if there would be parking for the public. Attorney Alexander stated no parking will be provided, that they are providing this area for the people in the subdivision. 10 Dr. Mayo Johnson stated that this sounds like a better deal but would need to think it over more. A motion was made by Dr. until the next scheduled approvedun~nimously. Mayo Johnson to continue the discussion meeting, seconded by Tony Paluzzi and 415 Essex Street Chairman Lang updates the members and states that he issued an Enforcement Order on this property due to work being conducted with heavy equipment and that the members need to retify his issuance of the Order. A motion was made by Dr. Mayo Johnson to issue an Enforcement Order, seconded by Tony Paluzzi and approved unanimously. 413 Essex Street Chairman Lang updates the members and states that erosion is occurring at the site and again the Commission needs to ratify his issuance. Hurlburt states that the Enforcement Order issued was not the current owner. The property has been sold recently to a new residentand the members need not ratify this Enforcement Order but must issue a new one. A motion was made by Dr. Mayo Johnson to issue an Enforcement Order, seconded by Tony Paluzzi and approved unanimously. Certificate of Compliance 175 West Street A motion was made by Dr. Mayo Johnson to approve the Certificate of Compliance for 175 West Street, seconded by Tony Paluzzi and approved unanimously. 27 Linden Avenue A motion was made by Dr. Mayo Johnson to approve the Certificate of Compliance for 27 Linden Avenue,' seconded by Tony Paluzzi and approved unanimously. Discussion/Decision: Sensitech 123_ Brimball Avenue/buildinq addition/ A motion was made by Jon Mazuy to issue a positive Determination of Applicability, seconded by Tony Paluzzi and approved unanimously. 11 Discussion/Decision: 35 Standlev Street/soccer field/Warinq School A motion was made by Jon Mazuy to issue a negative Determination of Applicability, seconded by Dr. Mayo Johnson and approved unanimously. Adjournment A motion was made by Jon Mazuy to adjourn, seconded by Pat Grimes and approved unanimously. Meeting was adjourned at 11:30 p.m. 12