Loading...
1996-08-20BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING AUGUST 20, 1996 A regular meeting of the Beverly Conservation Co~mnission was held on Tuesday, August 20, 1996 at 7:00 p.m. in the Committee room at Beverly City Hall. Those present were: Chainnm~ David Lm~g, Richard Benenveto, Tony Paluzzi, Jon Mazuy, and Jay Donnelly. Also present were Assistant Plmming Director Debbie Hm'lburt, m~d Eileen Sacco, Temporary clerk. Chainnm~ David Lm~g called the meeting to order at 7:00 p.m. APPROVAl, OF MINUTES The minutes of the meeting of July 23, 1996 were presented for approval. Motion made by Jon Mazuy to approve the minutes of the meeting of July 23, 1996, secoMed by Tony Pah!77i and approved mmtmnously. RECESS FOR PUBI ,IC HEARINGS Motion made by Jon Mazuy to recess for public hearings, seconded by Tony Pahuzzi, and approved unanimously. Continued: 74 Hart Street - Glen Urquhart - Construction and soil Remediation Derek Kavm~augh, Presideut of the Board of trustees for Glen Urquhart addressed the Commission and reported on the soil tests and the plans for remediation. He turned the meeting over to A1 Hansco~n of Vanesse Hangen to explain the plans to the Commission. Mr. Hanscom showed the Connnission a site plan of the school. He explained that the initial smnpling was six (6) weeks ago and they were done within the buffer zone and elevated levels of total lead, lead, m~d arsenic were detected. He stated that they wish to achieve S1 soil clean up levels for the residential area. He also stated that in cell 4 of the plan, the area would be segregated and the material would be transported to New York to be disposed of properly. Mr. Hanstom also noted that staked hay bales and a siltation fence are proposed to be installed around the entire site. Derek Kavanaugh addressed the Commission again and noted that they would like to commence as soon as possible. He stated that they want to do the areas around the playing fields as soon as possible, noting that school will be starting soon. Jon Mazuy asked how long they expect it to take to complete the work in cells 3 and 4. Mr. Hanstom stated that it should take 2 - 3 days. He also explained that the school staff would be doing the clean up of the area prior to the remediation. Mr. Mazuy asked how much soil they intend to remove. Mr. Hm~scom stated that they would be removing 200-300 cubic yards of soil. Richard Benevemo asked if they would be stockpiling any of the material on the site. Mr. Hanscorn stated that they have no plans to stockpile in that area. He stated that the material would be covered or placed in containers. Richard Benevento expressed concern about the verbal approval of the acceptance of the material, and proposed that when considering the Order he would like to have a written approval prior to the commencement of the excavation work on cells 3 and 4. David Lang requested that they provide the Comn~ission with a written handling guide for the disposal of the material. He noted that he was concerned about rainfall and the nm off. Jon Mazuy suggested that they should have extra hay bales and a silt feuce on site to use in another location, should the need arise. Richard Benevento noted that the issue is cuntmninated water and he was not sure if the hay bales would filter the contaminated water. David Lang expressed his concern about rm~ off and that if they see it starting to pour ram, they should have erosion control measures in place. Chaim~m~ Lm~g opened the hearing up for public cottonera at this thne. Naomi Cohen addressed the Commission a,~d stated that she is concerned about having the staff at Glen Urquhart do the preparation clean up of the site. Mr. Hanstom stated that the clean up work would not require any special skills since they are only cutting brush and taking away trash. Ms. Cohen also asked how deep they dug with the testing. Mr. Hanscom stated that they sampled from 0 - 6 inches deep, and they will be progressing to 12 inches, to reach a confirmation tlmt they are achieving clem~ up. Ms. Cohen also asked if they would be getting a full report on the material from the receiver, regarding the amotmt of contamination. Mr. Hanscorn stated that they already know what is there and the receiver may check to be sure that they get the right material, but that is about all of the testing that would be done. Jon Mazuy questioned what the maxhnmn depth of excavation would be in cells 3 and 4. Mr. Hanscom stated that they would have to go 12 inches to see a decrease and perhaps another 6 inches, to a total of 11/2 feet in some cases. David Lm~g reminded the applicant that if they fred that they have to deviate from the plan, they need to come back to the Commission for an amendment. Mr. Hanscorn asked that the Commission specify 18 inches in depth in the Order of Conditions. Richard Beneveuto asked if the Connnission has received a DEP file nmnber for this project. Debbie Hurlburt reported that the mm~ber is 5-543. There being no further questions or comments regarding this proposal, a motion was made by Richard Benevento to close the public heating, seconded by Tony Paluzzi, and approved tmm~hnously. Continued: 11 Access Road - House - David Camevale Kurt Yotmg of Wetlm~ds Preservation h~c. addressed the Cmmnission on behalf of David Camevale. He explained that they propose a single residence house lot off Access Road. He also noted that thexe are concerns about flooding. He explained that the proposed house would be above grade and will not displace any water presently on the site. 3 David Lang noted that there has been a lot of dumping on the site that will be cleaned up. Richard Benevento requested that a letter be sent to the owners of 7 Access Road, notifying them that dumping is a violation and order them to clean up their property. David Lang opened the heating up for public comment at this time. Joan Murphy of 36 Long Meadow Road, Beverly, addressed the Co~mnission and stated that she was concerned about the pollution and noted that they have said nothing about a septic system. Mr. Yotmg stated that they would be bringing in water and sewer serdees from route 1A, and noted that other residents of the street would be able to tie into that line as well. Vincent Cotreau of 7 1 Enon SWeet, Beverly, addressed the Comn~ssion m~d stated that they are building the house dose to the wetland, and noted that in recent thnes he has seen more water out there. He stated that he was concerned about nm off from the construction. Mrs. Murphy requested that tbe Cowanission place a condition on the project that they must install the sewer system before the construction of the house begins. Debbie Hurlburt reported that the DEP file number for the project is 5-544. There being no further questions or co~mnents regarding this proposal, a motion was made by Jon Mazuy to close the public hearing, seconded by Tony Paluzzi m~d approved tmm~imously. Conth~ued: 181 Elliot Street - Cummings Property - Soil Retnediation A representative of Cmmnings Properties addressed the Co~mnission on behalf of Cummings Properties. He reported that the location of the treatment of the stockpile has been moved to a ~nore amenable location at the request of the Commission. He also noted that they have identified an additional resource area. The representative discussed tbe erosion control measures that they have planned and the alewatering process. He stated that they will install hay bales and a siltation fence around the work area. He also noted that the location of 4 the stockpile area is 300 feet tiom the resource area. Ite also explained that they would discharge any water by pumping it. David Lang requested that the stockpile be covered during thnes when the dewatering process is not operating. The representative stated that they would have hay bales and a silt fence in flint area and that would be listed in the specs for the contractor. He also explained that the area would be paved or they will be restored to the ofigh~al condition. He noted that one are needs to be re- seeded. He stated that would like to start by the end of September and be completed by the end of November. Richard Benevento stated that the oweness will be on the developer to stabihze the site before the winter. David Lang opened the hearing up to public co~mnent at this thne. Naomi Cohen addressed the Co~mnission and expressed her concern about bhs~mg. Guy Rossi of Linden Avenue, Beverly, addressed the Cormnission and asked if the ba~ fie!,d ~3uld be used again. He also ex~essed e~em a~m ~ pollumts ~at ~11 be B~d. ~e repmsemative stated ~at ~1 stock piled mmen~ wo~d be placed on plastic shee~g. There beiug no further questions or co~mnems regarding this project, a motion was made by Jon Mazuy to close the public hearing, seconded by Richard Benevento m~d approved tmmin~ously. 17 Bayview Avenue - Septic Tm~c Removal - Michael Argeros Jay McLaugl~in addressed the Co~mnission and explained that they proposed to tie 17 Bayview Avenue into the city sewer system. He explained that they have to remove a septic tmhk and that they will pump it out, remove it and back fi!,~ 'ihe h~e wi~h g~a, ad. ~e ~3~d ~hat t~e axea is 55 ~ee~ ~om the respite ~ea. Richard Beneveuto asked if they need to remove any trees for the process. Mr. McLaughlin stated that no trees would be removed. Mr. Benevento 5 asked how long the process would take. Mr. McLaugl~m stated that once they get started it should take 3 - 4 days weathe~ permitting. David Lang read a letter from Board of Health Chairman Jay Walsh that noted recent changes in Title 5 regarding the abandonment of septic systems. Mr. McLaughlin stated that he is very familiar with the changes to Title 5, and that they would be in compliance. David Lm~g opened the hearing up for public conunent at this time. Ward Four City Councillor Virginia McG13qm addressed the Connnission mid asked if the house at the end of the street was tied into the sewer. Mr. McLaughlin stated that it was connected to the system. Debbie Hurlburt reported that the DEP file ntunber for the project is 5-548. There being no further questions or connnent regarding tiffs project, a motion was made by Tony PalnzT/to close the public hearing, seconded by Jon Mazuy~ mid approved tmmmnously. 57 Preston Hace- Dwelling Addition & Deck - Michael Kerr Bill Manual from Hancock Enviromnental addressed the Connnission mid explained the plans and the location of the proposed work area to the Commission. He also showed the Commission photographs of the area. He also noted that the request for the addition includes a deck which will be built at a later t/me within the Order of Conditions. David Lmig asked when they plan to begin. Mr. Manual stated that they would like to begin as soon as possible. He stated that they would like to have the area regraded by the fall, and cover the mulch with hay and re-seed in the spring. Jay Dom~elly questioned if they would be dewatering any ~naterial. Mr. Manual stated that they don't feel that it will be necessary. David Lang suggested that they take precautions for sediment control should dewatering be necessary. David Lang opened the hearing up to public co~mnent at this time. 6 There was no one present that wished to speak on the matter. Debbie Hurlburt reported that the DEP file number for the project is 5-553. There being no further questions or comments regarding this project, a motion was made by Jon Mazuy to close the public hearing, seconded by Tony Paluzzi and approved unanimously. 40 Cliff Street - House - Norma Shaw David Dwyer addressed the Commission on behalf of Nom~a Shaw and explained that they plan to raze the existing home and construct a new one. He explained that all of the work would be done above the flood plain, m~d that there would be no re-grading below the hay bate barrier. He t~oted that there would be a retaining wall to the south of the house. David Lang asked how the house would be demolished. Mr. Dwyer stated tha'~ i~i ~o~J,d be '~.ken d~,~n ~,d',k, a back bee and a Waek. Tony Paluzzi asked if they would be back filling the cellar. Mr. Dwyer stated that they would be back filhng the cellar. David Lang opened the hearing up to public comment at this thne. Guy Rossi addressed the Commission and stated that he was an abuter m~d he was in favor of the project as presented. Debbie Hurlburr reported that the DEP fde number for the project is 5-555. There being no further questions or co~mnents regarding the project at this time, a motion was made by Jon Mazuy to close the public hearing, seconded by To~v Paluzzi, and approved unanhnous[v. Hathawa.v Avenue - culvert - Gary Palardy & David Canevale Kurt Yom~g of Weflm~ds Preservation hc., addressed the Conunission and explained that the' were before the Commission earlier this year w th the Sunday Drive subdivision. He stated that at that time there were concerns 7 about the drainage. He noted that there is a 12 inch pipe that doesn't carry the drainage properly. He explained that they have updated the plan and are increasing the piping to handle the drainage. He stated that there would be no change to the topography. Jay Donnelly suggested that they use a perforated pipe. Mr. Young stated that they would get the opposite effect. He explained that reinforced concrete moved better than corrugated metal. Mr. Young stated that the neighbors should be pleased with this. Richard Benevento asked if the drainage calculations were submitted with the original filing. He requested that they be submitted prior to the work commencing. David Lm~g opened the hearing up to public commem at this time. Renee Mary_ addressed the Cormnission mid expressed her concern that all of the water goes into the weftand and questioned if the wetland could accommodate additional water. Naomi Cohen addressed the Commission and questioned if 2 catch basins would be enough. Mr. Young reported ~at there are actually about 4 catch basins on the site. Debbie Hurlburr reported that the DEP file nmnber for the project is 5-549. There being no further questions or conunents regarding the project, a motion was made by ~ca~ Maz~ay ~ e~ose ~ ~b~ic he~g, se~o~ by Tov~y Patti and approved ~hnously. 39 Tozier Road/100 Sohier Road - Stream Wells - lnten~ational Technology Corporation David Lang recused lfimself tio~n discussion of fixis matter, and Tony Paluzzi assumed the Chair. Tim Dolan from h~temational Teclmology Corporation addressed the the ~ound water. Debbie Hurlburr stated that she asked them to stake the exact location of the stremn wells and they have doue that. 8 Tony Paluzzi asked what they were testing for. ~Mr. Dolan stated that they are testing for VOCs. Richard Benevento stated that he would like to see the locations on a plan with reference numbers and requested a new site plan with the wells referenced by number. Tony Paluzzi opened the hearing up for public comment at this time. Bob Penon addressed the Conmfission and noted that he was an abutter. He stated that one of the wells would be in his back yard. He also asked what the purpose of the wel!,s were. M~. Dolan stated that the5~ are checking the ground water elevations to get a regional picture of the area. He also noted that they do not suspect any contamination on the site. Mr. Dolan informed the Commission that a fact sheet about the site is being sent to all of the abutters and the Conservation Commission. Mr. Dolm~ explained that they are mapping the ground water table and that they plan to monitor it quarterly so they can get all of the seasons on record. Debbie Hurlburt reported that the DEP file number for Tozier Road is 5-550 and the DEP file number for Sohier Road is 5-551. There being no fuffi~er questions or connnents regarding this project, a motion was made by Richard Benevento to close the public hearing, seconded by Jon Mazuy and approved unmfimously. Motion made by Jolm Mazuy to adjourn the meeting to fl~e Com~cil Chambers, seconded by Jay Donnelly and approved unanimously. The Commission reconvened in the City Council Chambers. REQUESTS FOR DETERMINATION OF APPLICABILITIES Continuation: Sam Fonzo Drive/Fonzo Realty Trust & The City of Beverly Mary Rimmer reviewed the report that she prepared at the request of the Commission. She noted that they spent 2 1/2 days checking the flaggings, 9 and they discussed the discrepm~cies. She noted that they added two flags the area. Richard Benevento asked if Ms. Rimmer would say that there is a general consensus on the flagging between them. Ms. Rimmet stated that plan accurately depicts the flags. David Lang explained that there is still the possibility that a vernal pool may be out there, and noted that the area would be treated as if there was a vernal pool firere. He also noted that if in the spring they find differently they can deal with it. David Lang opened the meeting up to questions from the audience at this time. Naomi Cohen addressed the Co~mnission and questioned when the EIR would be finished and available to the public. She also asked if anyone has really walked the site, noting that the area is getting very wet, arid suggested that the Commission walk the site on a wet day. Ms. Cohen also stated that she thought that there are a few vernal pools out there. It was noted that the applicant is not required to seek out vernal pools, and they should be mapped out officially. There being no further questions or comments regarding this proposal, a motion was made by Jon Mazuy to close the public hearing, seconded by Tony Paluzzi and approved unanimously. Richard Benevento noted that the position of detention basin # 1 are areas that are subject to protection under the act and would require a Notice of Intent. He referred to the plan dated August 12, 1996 prepared by Hayes Engineering, and noted that future Notices of Intent should reference said plm~. Continuallop.: 1A Roadway Construction/Mass. Highway Depm-tment Mike Rizzo addressed the Commission and explained that there are 6 locations which are near resource areas, and noted that there would be no impact on them fi'om the proposed project. 10 Richard Benevento noted that the Wenham Lake area is of concern. Mr. RizTo explained that as part of the project, at the request of the City of Beverly the drainage outlet will be terminated and the discharge point will be eliminated and relocated dovai to .Lincoln Street to the City of Beverly pumping station. Richard Benevemo made a motion that a Negative Determination be issued under #3, because the work is in the buffer zone it will not alter the areas that are subject to the act. He also suggested a condition that at least 40 hay bales o~ the site to maintain erosio~i eomrol a~d for emergency purposes, and that if dewatemg is mqu~ed prior to ~e work t~g place the Consedation Co~ission shall be notified ~d a dewatemg pl~ shall be submi~ed to ~e Com~ssion, seconded by Tony P~u~i ~d approved unanimously. Mr. Rizzo noted that the specifications for the project call for the replacement of the hay bales at least 3 times through out the course of the project. OLD / NEW BUS1NESS R Hull Street ~ Conservation Management Atty. Toni Alexander addressed the Commission mid reviewed the history of the property. He also proposed that if the Commission were to relinquish the mmlagement if the property, there is another parcel on map 73 lot 12 consisting of 148,540 s.f. that could be deeded over to the Commission. He also noted that this would augment the open space in the area. Richard Benevento asked if there was rely possibility that a nature trail could be created out there. Debbie Hurlburt stated that she would propose it to the Planning Depamnent. Richard Benevento stated that he winlied to be sure that the Conservation Commission would be getting something that they don't have to cleml up. Tony Paluzzi suggested that the Co~mnission take a site visit out there to see the site before they make a decision. He noted that he liked the idea Sat if they could get title to the other lot for use as open space for the residents. 11 Motion made by Jon Mazuy to continue the matter m~til the Conunission has a chance to look at the property, seconded by Richard Benevento and approved tmmlimously. The Commission will walk the site on Saturday, August 24~ 1996 at 9:30 Workshops Debbie Hurlburt reported that the first workshop will be held on Monday evening September 9, 1996, tiom 7 - 9 p.m. She noted that the topic will be given by Wetlands Preservation on the Basics of the Regulations. Debbie also reported that the other workshop, In-Field investigation would be held on September 14, 1996 at Endicott College tiom 8 a.m. to noon. David Lm~g noted that Debbie Hurlbutt has done lot of work getting these workshops together. He stated that Debbie does an excellent job and the Commission is lucky to have her. Endicott College Debbie Hu~burt reported that a superseding Order of Conditions was issued for the Endicott College project, and that the enforcement order should be lifted. Maestranzi Property David Lmlg reported that he was supposed to have a meeting with the Mayor and Mr. Maestranzi, but that they cancelled the meeting. He also noted that Mr. Maestranzi has been notified by the State that file ILSF was a vernal pool. Cherry Hill Drive Debbie Huffburr reported that she has talked to Steve Roberge m~d they have hired Haley and Aldrich to look at the slope and they are looking at two proposals now. 12 Hatley Corp. Progress Report Debbie Hurlburt reported that the rear slope has been shaped and hydro seeded using Mass H/ghway slope mix. She referred to a letter that she received f~om Flatley Corp. ORDER OF CONDITIONS 74 Hart Street - Glen Urquhart The Commission issued stm~dard conditions for the project with the following special condition: 1. That the plan detail the locations of the hay bales and the silt fence. 2. That before work commences m cells 3 aud 4 the contractor will have documentation in hand accepting the material f~om the approved facility. 3. No work shall be done on days when there is heavy rain fall that promotes rimoff, and work shall temporarily cease should it start raining heavily during the day 4. Proper precautions shall be taken to insure that no fugitive dust emissions occur. 5. Excavation shall not go below the water table. 6. Erosion contxol equipment shall be on site. 7. Equipmeut shall be kept 15 feet tiom the bmhk. 8. Temporary stockpiling shall take place no longer than 24 hours. 13 11 Access Road The Comanission issued a standard Order of Conditions for the project with the, following special conditions: 1. That the applicant submit a plan for the clean up of the site and the removal of the debris. 2. Dust emission prevention measures shall be taken to keep it from going into the pond. 181 Elliott Street The Commission issued a standard Order of Conditions for the project with the following special conditions: 1. Areas not stabilized by the winter shall be temporap~ly stabilized for the ~in~e~. 2. Stock piled material shall be covered at night. 17 Baovview Avenue The Commission issued a standard Order of Conditions for the project. 57 Preston Place The Commission issued a stm~dard Order of Conditions for the project. 40 Cliff Street The Commission issued a stm~dard Order of Conditions with the foliowhig special conditions: 1. The building shall be removed from the Street side of the property. 2. Once removal of the house commences there shall be no stock pilh~g of material on the site. 14 3. New construction of the house shall not proceed until the existing building has been completely removed. 4. Material from the existing building that is to be used for the new house shall g~3 di~e~'~:~ ~ the ~ew h~3~e, and ~ s~k Adjournment There being no further business to come before the Commission at this meeting a motion was made by Jon Mazuy to adjourn the meeting, seconded by Tony Paluzzi m~d approved unm~hnously. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco 15