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1996-09-03BEVERL'Y CONSERVATION COMMISSION MINUTES OF MEETING TUESDAY, SEPTEMBER 3, 1996 A regular meeting of the Beverly Conservation Commission was held on Tuesday, September 3, 1996 at 7:00 p.m. in the Committee Room, 3rd Floor of Beverly City Hall. Those present were: Chairman David Lang, Dr. Mayo Johnson, Jon Mazuy, Patricia Grimes, Tony Paluzzi and Jay Donnelly. Also present were 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. Motion made by Jon Mazuy to recess for the purpose of holding Public Hearings, seconded by Tony Paluzzi and approved unanimously. Public Hearinqs Yale Boulevard Chairman Lang recused himself from discussion of this matter. Tony Paluzzi will chair the hearing. Christopher Scholl of IT International Technology Corporation addressed the Commission and stated that IT Corp. wants to hand auger down into the ground as much as 3-6 feet essentially for water sampling and to monitor water levels periodically. Tony Paluzzi asked what will happen with excess soils. Mr. Scholl stated that most soils will be remaining however, if there is any excess we can take that away. Tony Paluzzi asked the Colmnission if they had any other questions. Jon Mazuy asked why does IT Varian have such a high interest in this particular location. Mr. Scholl stated that IT Corp. wants to understand water balance and water quality from where the former Varian site was all the way to the Bass River and the whole area around the Bass River. He also stated that this information is harmless in our investigation that we're doing around the Varian property. Jon Mazuy asked how often do you intend to monitor. Mr. Scholl stated once initially, measuring depth of the water then as much as quarterly thereafter. He also noted that they may or may not do future monitoring. Tony Paluzzi asked if there were any other questions from the Board. Tony Paluzzi opened the hea~ing up to public comment at this time. Robert Perron of 8 Bass River Road, asked when they plan on doing this work because a well will be placed on his wife's property. Mr. Scholl replied that the installation will commence as soon as possible after this hearing and after receiving the Order of Condition. He also stated that they could let Mr. Parion know well in advance. Debbie Hurlburt noted that there was a ten business day appeal period from the issuance of the Order of Conditions. Jon Mazuy stated that his understanding was that there was a whole series of pollutants that were dumped into the ground by Varian and that the reason of these wells in the Varian area is to clean up the pollutants. Mr. Scholl stated that the area has been cleaned to the waters and the pollutants that were down below. Jon Mazuy asked do you know about this. Mr. Scholl stated absolutely. Jon Mazuy suggested that he mentioned it to the people in attendance that the reason for this whole project being done is to try to clean the pollutants out of the water which were left behind by Varian and that the underground river possible goes eventually in the Bass River. Mr. Scholl explained that a fact sheet was sent to a lot of the land owners in and around the Varian area describing the whole purpose of the project and what is being done. Jon Mazuy stated that the fact sheet had nothing to say about any kind of pollutants. Mr. Scholl stated that the fact sheet does in fact talk about the types of pollutants and noted that chlorinated solvents have been found down at the Varian site and stated that they will not be sampling for chlorinated solvents at Yale Boulevard because they do not anticipate any to be found. They will be testing for other general water quality. Mr. Scholl explained that the compounds found in the ground water under the Varian property are not the compounds they will be looking for down at Yale Boulevard. Dr. Johnson asked Mr. Scho].l how he would define water quality. Mr. Scholl explained that water quality is looked at in many different aspects and noted magnesium, calcium, sulfate were a few they would be looking for. Dr. Johnson asked if they would be looking for trichloroethylene. Mr. Scholl explained that trichloroethylene was one of the compounds found at the Varian property but was not one that they would be looking for down at Yale Boulevard. 2 Jon Mazuy questioned if IT Corp. would be willing to forward copies of reports when available. Mr. Scholl stated that they could make all those reports available to the Conservation Commission m~mhers. Tony Paluzzi stated it was a good idea. There being no further comments or questions regarding this matter a motion was made by Patricia Grimes to close the public hearing, seconded by Jon Mazuy and approved unanimously. Motion made Dr. Mayo Johnson to reconvene to the Public Meeting, seconded by Tony Paluzzi and approved unanimously. Chairman Lang returned to the meeting at this time. 0utstandinq Enforcement Order - The Flatley Company Richard Ellis updates the Commission and explained that the slopes at the C.P. Clair Building/Cherry Hill Park are now being shaped and are in their final form. Mr. Ellis also notes that some hydro seed has been sprayed on the slopes, some grass has started to grow and the curbing in the parking lot should be done this week. Mr. Ellis also states that some water did get over the edge with this weekends rain and that some silt fencing will have to be repaired and have a curb put on that corner of the parking lot. Jon Mazuy asked when did you do the hydro seeding. Mr. Ellis stated two weeks ago. Jon Mazuy asked if more than 20% of the area shows new growth. Mr. Ellis stated about 10%. Jon Mazuy asked if that surprised him. Mr. Ellis stated no not really and continues to explain that the hydro seed was sprayed at the earliest possible time and as long as it stays dry and warm it will still take. Chairman Lang asked if there were any more questions. Dr. Johnson noted that he went on a site visit and it looked very improved and agreed the grass was starting to take. There being no further questions or comments regarding this matter, Chairman Lang suggested that the Commission keep watching this site. Outstandinq Enforcement Order - Eaton Corporation Steve Roberge addressed the Commission and stated that his company has contracted with Haley & Aldrich and according to their 3 assessment of the site they do not believe that the land slide on the slopes had impacted the Bass River basin and the site was showing signs of vegetation. Mr. Roberge also noted that there is no evidence of siltation in the stream bay, no evidence of really anything running past the immediate area of the slide. Mr. Roberge states that Haley & Aldrich suggested two main options: 1) put a drainage trench into the sides of the slope, one in the mid section of the slope and one in the toe of the slope to prevent hydrostatic pressure or; 2) flattening the slope by adding a lot more fill onto it. Mr. Roberge has concerns about the first option because it may come under EPA Jurisdiction as well as the Conservation Commission regarding storm water run-off. Mr. Roberge stated that he suggested an option of putting rip rap boulders on the bottom rather than drainage trenches to effectively do the same thing but they will have no point source run-off. Chairman Lang noted that the site visit that Haley & Aldrich made was in June and asked if there was any run-off or precipitation that day and how they came to the determination that there was no siltation. Mr. Roberge stated that they made that determination based on both their observations that they made at the site the day after the slide occurred in April and then in June by looking at the conditions of the site and vegetation. Mr. Roberge noted that they looked into the stream bed to see if there was any evidence of silt on the bottom - they did not see any. Chairman Lang noted that it was not a very convincing or compelling letter since in April when the land slide occurred there was no vegetation, and he asked if it was possible that because of a lot of natural growth could that have hidden any erosional features that may have occurred. Mr. Roberge stated it was possible and one other suggestion they had is that they could meet with any board members to walk the site and address those questions directly based on the features they see there. Chairman Lang asked what is their schedule to come up with a plan. Mr. Roberge stated that they were still trying to get the plan together and work completed before winter. Chairman Lang stated he would like to see something implemented this fall. Dr. Johnson noted that he was on the site and agreed with Mr. Roberge's comment that it was vegetated. 4 Jon Mazuy asked when Mr. Roberge thought he could report back to the Commission with regard to remediation. Mr. Roberge stated they could report back by the next meeting and also stated that he'll have Haley & Aldrich them come with him to better answer any question at that time. There being no further questions or comments regarding this matter Chairman Lang suggested that at the next meeting for Eaton Corporation come back and give a plan of attack and a schedule of implementation. Continuation - R-Hull Street Attorney Thomas Alexander addressed the Commission and reviewed Map 73 Lot #3 which is held in the name of Creesey Estate and explained that his clients are seeking to purchase Map 73, Lot #3 but according to the tax records of the City of Beverly there are back taxes owed on this property. Attorney Alexander explained that basically his client had an agreement with the owners, Creesey Estate, and the City of Beverly at the time of the title search to purchase the parcel. Attorney Alexander stated that the property had been ordered, by the then Board of Alderman, to be under the control and management of the Conservation Commission and under Massachusetts General Law if a City seeks to convey land that is under the control and management of a specific department within that City then that department needs to transfer their control and care back to the city. Attorney Alexander noted that the Creesey Estate is also the owner of another piece of property Map 73, Lot #12 which has 148,540 square feet and valued at $68,490.00 and that the original piece Map 73, Lot #3 has 156,750 square feet and a value of 28,310.00. Attorney Alexander explained what would happen is that the Creesey Estate would deed directly to the Conservation Commission Map 73, Lot #12 and also pay all of the back taxes on Map 73, Lot #3 in return for the deed from the Creesey Estate and a deed from the City. Attorney Alexander noted that some members did a site walk with Kim Driscotl and she stated that she thought Map 73, Lot 13 is similar to Map 73, Lot 3 in look and useability. Attorney Alexander explained that he was seeking a vote from the Conservation Commission which would transfer the management and control of Map 73 Lot #3 back to the City subject to the provisions that a deed go into the Conservation Commission for Map 73, Lot #12 5 Attorney Alexander stated both properties are in tax title and it would be unlikely for the city to collect funds from either of the lots since the trustee, William Creesey, lives in public housing in Wenham. Patricia Grimes asked if Lot #12 was going to be under the management and control of the Conservation Commission. Attorney Alexander stated that they would actually own the deed from the Creesey Estate. Jon Mazuy asked if the back taxes were going to be paid on both Lot #12 and Lot #3 or just Lot #12. Attorney Alexander stated Map 73 Lot #3 would be paid. Jon Mazuy asked if the City would have the benefit of paying both parcels or just one. Attorney Alexander stated just one, Lot #3. Jon Mazuy questioned would the Conservation Commission be taking Map 73, Lot #12 with an outstanding tax. Attorney Alexander stated yes. Chairman Lang addressed the Commission and questioned who took a look at the land. Tony Paluzzi and Jon Mazuy noted they did. Chairman Lang questioned if it has been used as a dumped. Paluzzi stated there are things down there but not a dump. Tony Chairman Lang asked if there was a gate at the road. Tony Paluzzi stated there was a gate by Route 128. Chairman Lang questioned if it could be driven on. Tony Paluzzi stated no. Jon Mazuy noted that Lot 12 was basically a little sliver of land running on Route 128. Attorney Alexander stated it was three acres. Chairman Lang asked what was the zoning for that area and how many lots could be developed. Attorney Alexander stated perhaps three and noted that there was a gully going through the back third or middle of the area. Chairman Lang opened the hearing up to public comment at this time. Vincient Cotreau of 71 Enon Street addressed the Commission and reviewed the history of the property referring to Planters subdivision 1A, 1B and 1C. Mr. Cotreau noted the area is primarily wetland. Mr. Cotreau stated it would be a sin to give up this land to one person instead of the community and noted that it could be develop as a nature preserve. Jon Mazuy questioned if there is a legal access to this land for the public to use. Attorney Alexander stated that a road has been approved but there is no public right of access at this time. Peter Gilmore, City Councillor at Large addressed the Commission and stated that the City of Beverly wants to preserve open space and not build a house on every vacant piece of land. Attorney Alexander stated Wood Lane is a private way and that the owner of Lot #12 has the right to improve access and build a lot. Jay Donnelly addressed the Commission and noted he likes the idea of open space rather than little pieces that don't populate. Patricia Grimes stated she agreed and noted that the public should have access to a parcel of land. Jon Mazuy stated why not save a piece of open space. Patricia Grimes stated she thinks we sometimes have to balance the idea of open space with the idea of providing people with the opportunity to live in Beverly. Chairman Lang read letter from Renee Mary sent to the Commission dated August 30, 1996. (On File). Chairman Lang reads letter from Assistant City Solicitor John D. Moorman dated August 20, 1996. (On File) Jon Mazuy addressed the Commission and asked if the Commission can find out how much back taxes are owed on Lot #12. Chairman Lang asked if that information was available. Alexander stated he didn't have that information. Attorney Jon Mazuy questioned if that information could be obtained before a vote. Chairman Lang asked if that was an important issue. Jay Donnelly questioned if there could be a problem with the taxes. Jon Mazuy suggests this issue be taken up with the City Solicitor. Attorney Alexander states that the City Solicitor's office has already written on it. Jon Mazuy stated he hasn't written on the lack of payment of these taxes. Attorney Alexander stated that the City Solicitor is well aware of the swap that is proposed. Jon Mazuy suggests Attorney Alexander return to the City Solicitor's office and further discuss the issue of the back taxes. Chairman Lang reads letter to Commission from the City Solicitor. (On File). 7 Attorney Alexander addressed the Commission and stated that all the CommisSion is being asked to do is to vote to relinquish the management and control of this particular parcel provided that there is a deed of this particular piece of parcel. There being no further questions or comments regarding this issue, a motion was made by Jay Donnelly to relinquish management and control of Lot #3 for a deed of Lot #12, seconded by Patricia Grimes, Chairman Lang, Dr. Johnson, Jon Mazuy and Tony Paluzzi oppose, motion fails 4 to 2. Old Business - Endicott Colleqe Debbie Hurlburt addressed the Commission concerning the Enforcement Order that is outstanding out at Endicott College regarding the dumping of leaves. Debbie Hurlburt states that she had asked members to view the area in question prior to the meeting. Debbie Hurlburt noted the leaves have been pulled back and if the Enforcement Order could be lifted off that specific area. Jon Mazuy noted he went on a site visit and agreed the leaves had been pulled out and questioned if there was more than one area and what did the Enforcement Ozder address. Debbie Hurlburt stated she was uncertain if the Order was referring to a larger area or the area of recently dumped leaves, however the College has gotten rid of the newly dumped leaves. Debbie Hurlburt states that her recollection was that the members were concerned with the recent dumping that had occurred out there. Chairman Lang addresses the Commission and reviewed his understanding of the history to decide if there was more than one area to look at. Tony Paluzzi noted he did a site visit and agreed with Debbie Hurlburt's assessment. Chairman Lang asked if there was grass growing. Jon Mazuy stated it has started. Chairman Lang notes that in the future they should get a map indicating exactly where the areas are. Vincient Cotreau of 71 Enon Street address the Commission and suggests that the Commission go on a site visit to make sure all the wetlands are secured before they lift the Order. There being no further questions or comments regarding this matter, Chairman Lang proposes to wait for further inspection before lifting the Enforcement Order. Old Business - Maestranzi Chairman Lang addressed the Commission and informed the members of the meeting which was held earlier with the Maestranzi Brothers, Tony Paluzzi, Debbie Hurlburr, the Mayor and City Solicitor Marshall Handly regarding the Enforcement Order. Maestranzi agreed to bring the Commission, at the next meeting, a map that shows the subdivision he's planning indicating where the resource areas are and where the buildings will be placed so the Commission can determine where the vernal pools are in relation to the buildings are. Jay Donnelly asked if a plan had been seen. Chairman Lang stated no. Chairman Lang added that the Maestranzi's do not understand what the regulations are. Dr. Johnson addressed the Commission and noted that Robert Maestranzi is on the Wenham Conservation Commission. Jon Mazuy addressed the Commission and stated that we are not the entity who should tell the Maestranzi's how to do the remediation actions, it is their responsibility to get someone to come to us seeking an Order of Conditions. Jon Mazuy added that there is a risk that the vernal pool area will be totally destroyed before the fall/winter season. Jon Mazuy stated that the Commission could go to Court and force them to seek an Order of Condition or the Commission could fine them $100.00 under the Statue. Chairman Lang stated that the Board could do what they felt necessary and noted the Mayor would like to see this matter resolved. Jon Mazuy questioned what is the State doing about all this. Chairman Lang stated at this point leaving it to your local jurisdiction. There being no further questions or comments regarding this matter, Chairman Lang moves to discuss at next meeting. Ol~d Business - Maplewood Village Ward Six Councillor John Murray addressed the Commission and expressed his concern about a back yard that was sinking/settling due to the Maplewood development. Mr. Murray noted that a stream has developed where one never was before and expressed concerns of another neighbor regarding the blasting and the foundation damage around his furnace. 9 Mr. Murray added that a concrete bridge had to be built at the Maplewood subdivision because the wetland area has turned into a stream and explains to the Commission that with heavy rains, the rain in the street percolates right up through the cracks in the sidewalk and thinks that the problem is the drains do not sufficiently cover the run off. Mr. Murray states it never happened before until the blasting and this subdivision went in. Jon Mazuy notes he was trying to locate this property and asked if it was the concrete bridge or another bridge. Chairman Lang stated it is the concrete bridge straight as you go into Maplewood and notes that haybales are next to the house just shy of the stream and that no siltation showed. Chairman Lang added that there was construction debris, but couldn't see where lawns were sinking. Tony Paluzzi agreed. Chairman Lang suggests that the gentlemen at 10 Cherry Street take a photo of the back yard the next time it is flooded so the Commission can understand the problem. Jack suggested that the project proponent should determine if the depression problem is the cause of the blasting and that considerations should be made in going back to the Planning Department or Conservation Commission relative to the foundations and buildings by the wetland Chairman suggest we replace signs and put in new hay bales. There being no further questions or comments regarding this matter, Chairman Lang suggests that all the members go on a site visit to inspect the area. Other Debbie Hurlburt addressed the Commission and explained that two months ago the Commission signed a Certificate of Compliance for Mr. Perrot at 63 Wilson Avenue and stated that a new certificate be signed because there was a wrong book and page number listed on the Notice of Intent and Order of Conditions. Debbie Hurlburt addressed the Commission regarding Chanticleer Drive, specifically Lot #1, and explains that documents have been submitted and that the lot has been built and construction in conformance to the Order of Conditions and asked the Commission if they would like to sign off on a Certificate of Compliance. Chairman Lang asked if anyone compared it with the original. Chairman Lang suggests a site visit. Dr. Johnson stated he could go on a site visit and call Debbie Hurlburt with his opinion. 10 Dan Finn proponent of this proposal addressed the Commission and stated that the Commission only is looking at the house only issue under the original Order. Mr. Finn added that the State still has to come down and release all three lots. Board agrees to issue a Certificate of Compliance for Chanticleer Drive contingent upon getting back to Debbie Hurlbutt with their approval. 163 West Street Debbie Hurlburt addressed Commission and noted that she went on a site visit and stated that the small portion of the lawn has finally taken hold and suggests that a Certificate of Compliance be issued. The Board voted to do so. 11 Dodqe Street/North Beverly Variety Store Chairman Lang addressed the Commission and stated that a complaint had been made regarding a wetland area that was being filled in and noted that he and Debbie went on a site visit, met the gentleman who explained he didn't realize it was a wetland he was filling. Chairman Lang suggested the proponent file a Notice of Intent to delineate the wetland area and cease and desist from any further filling. The Board voted to issue an Enforcement Order. Traininq Session Debbie Hurlburt reminds Commission that there is a training session being held Monday, September 9, 1996 and an Infield Work Shop on Saturday, September 14, 1996 from 8:00 a.m. 12:00 at Endicott College. The meeting was adjourned at 9:00 p.m. Respectfully submitted by Susan D. Akerman Secretary to the Commission 11