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1999-09-14City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: September 14, 1999 Place: The Beverly Senior Center, 30 Colon Street Board Members Present: Chairman David Lang, Anthony Paluzzi, Jay Donnelly, Jon Mazuy, Patricia Grimes, Dr. Mayo Johnson, Richard Benevento Other Present: Debbie Hurlbun, Assistant Planning Director and Frank Killilea, City Engineer Recorder: Kim Lauranzano Chairman Lang calls meeting to order at 7:00 P.M. Request for Determination of Applicability: 2. a. McPherson Drive - Ball field renovation/City of Beverly City Engineer, Frank Killilea stated that the city requested to install stone paths made of stone dust and will be placing new sod down. They will be using hay bails to protect the Bass River before starting the work. The work should be completed by early October. Mr. Lang asked if this would be similar to the work done at Trask Lane. Mr. Killilea stated it would be similar to Bartier Gardens and they would be using new clay for the in~eld, Ms. Grimes asked where the stone dust would be used. Mr. Killilea explained that it would be used along the pathways. Mr. Lang asked if there are any questions from the public. There being none a motion was made by Tony Paluzzi to issue a Negat ve Determination g3, seconded by Jon Mazuy. All members in favor, motion carries. b. Route IA - Street Improvements/Mass Highway Robert Boone from Mass Highway introduces himself to the Commission. He stated that he is before the Commission because the time has elapsed on the previous Request for Determination. He added that everything is the same as 3 years ago and they have it scheduled for completion next July. They would like to start as soon as possible. All the road work will be done next spring and the drain work will be done this winter with no changes to the original plans. Ms. Hurlbut stated the determination runs out in 3 years and that the last time the commission voted it was a Negative Determination #3 with conditions. Dr. Johnson asked Mr. Boone to explain what is going to happen in the Wenham lake area. Mr. Boone stated the impact to the wetlands will be low. In the area of the Lake the drainage will be redirected up the highway to discharge in the watershed not the Lake. Mr. Lang asked the Board if they wanted to use the same conditions as the last time. Mr. Boone stated that those conditions are in the contract and if we duplicate it all we will have to do is change the date. Mr. Lang asked fithere were any other questions from the public. There being none Dr. Johnson made the motion to issue a Negative Determination #3, seconded by Mr. Mazuy. All members in favor, motion carries. Conservation Commission September 14, 1999 Page 2 c. 480 &482-486 Rantoul Street - wetland determination/Dinart Serpa Mr. Tom Army, the Engineer for the project introduces himself to the Commission. He stated that there are two primary questions; I is Are there wetlands on the property; 2"a is lfthe drainage calvert is subject to regulations Mr. Army stated that they plan to construct a bakery in the area at the rear of the lot to service Dunkin Donuts. They question if there is wetlands on the property. The area in question is about 50~ or so off the rear ofthe building down an embankment. The drainage runs through this property by the way ofthe culvert, which ties into the City's storm system that ends at Elliott Street. This drainage does discharge into the Bass River and they question if this is a stream or a drainage system. Mr. Army added that they do know that this does not appear on the USGS map. Mr. Lang asked the Board if they would like to do a site visit. Jon responded yes he would. Mr. Lang asked for a motion to continue. Mr. Mazuy made the motion to continue the discussion seconded Ms. Grimes. All members in favor, motion carries. The site visit was set for October 18a' at 11 am with a continuation to the next meeting. Mr. Lang requests a motion to recess for Public Hearings: Mr. Paluz2i made motion to recess for public hearing seconded by Mr. Mazuy. All members in favor, motion carries. a. 218 Hart Street - pond restoration/Welles continued. Ms. Huffburr stated that Mr. Welles is looking to continue discussion on this matter to seek input from different State and Federal agencies. Motion made by Jon Mazuy to continue the hearing on this item. seconded by Mr. Paluzzi. All Members in favor~ motion carries. b. 30 Kennell Hill Drive - Pool installation/LaPointe. Mr. Paul L~Pointe stated that he was available to answer any questions that the Board may have about the installation of a pool at 30 Kennell Hill Drive. There being no fi~rther questions, a motion was made by Paluzzi to close the public bearing seconded by Dr. Johnson. All members in favor, motion carries. c. 25 Cull Street - honse construction/Sawyer Ms. Hurlburr stato/that Mr. SaxW. er was not there yet and suggested that this be placed at the bottom of the list. Mr. Lang stated that they could d. 719 Cabot Street - sewer & water installation/Batchelder Mr. Peter Gralffai of Ja-By Engineering stated that the Board had a site walk on Saturdav September 11'h and that he was just there to answer any questions or concerns Mr Donnellv stated thai in his opinion this will have no impact on file wetlands. Mr. Mazuy made a motion to close the'public bearing seconded by Mr. Paluzzi. All mebers in favor, motion eraTies Conservation Commission September 14, 1999 Page 3 e. 74 Hart Street - boardwalk installation/Glen Urquhart School Ms. Susan Coolidge stated they had their site walk on Saturday and that she did receive more information on the pr.essure treated wood product that they would be using. She passed this information on to the committee. Ms. Coolidge stated she called the Army Corp of Engineers and was told by them that this project was too small for the Army Corp approval. Ms. Grimes questioned how much disruption would be made to the wetlands and how the boardwalk would be construction. Mr. Richard Wolensld explained that the boardwalk would be construction 4 tq wide and that the slats would be 2 inches apart and that the undergrowth would rebound. They would be using no machinery in that area and the post would be put in with sledge hammers. The boardwalk would not touch the wetlands and it would be 2 ~h to 3 feet high and will be above the water line. Mr. Lang asked for questions. Mr. Donnelly asked if they will be replacing any of the plants fithey are damaged. Mr. Wolenski stated that some plants might be knocked down during construction but the roots will not be destroyed and they will come back. Mr. Lang stated he shared the concern that this boardwalk will alter the wetlands. He added that they are going to have 100 feet of trail, 3 feet wide going through the wetlands and this will alter them. Mr. Wolenski stated that the top planking boards will not be thick and that the sun will get through. He also stated that the boardwalks at the Mass Audubon Society are constructed about the same way and that the higher they are the less damage. Mr. Lang asked if it will be 3 feet high and 3 feet wide. Mr. Wolenski stated yes but as far as hindering the plants, yes it would be, but it will not ldll them. Mr. Lang asked him what the average height of growth was up there about 3 feet. Mr. responded that the Blue Striker is about 5 feet but everything else is less than 4 feet. Mr. Lang asked why not build it 5 feet high. Ms. Coolidge responded that at that height it would be to far away for the kids to do a study of the wetlands. Mr. Mazuy asked what the general direction of the Boardwalk would be. Mr. Wolanski stated that it would run west than south. After some discussion about flood areas and standing water Mr. Lang stated he would ~iket~supp~rttheeducati~n~fthewet~andsbuthewasn~t~~mf~rtab~ewiththisyetandrequesteda stof other wetlands where boardwalks were constructed and how they were impacted. He also requested a city map and a Material Safety Data Sheet on the treated wood that they would be using to construct the boardwalk. Mr. Lang requested a motion to continue. Mr. Paluzzi made the motion to continue, seconded by Mr. Mazny. All members in favor, motion carries. f. Hale Street - Boundary delineation/Endicott College Mr. John Dick stated that Mr. Joe Orzel, from Gulf and Main has not made a finding yet and requested a continuation to the October 5m meeting. Motion made by Tony Paluzzi to continue this hearing to the next meeting, seconded by Mr. Mazuy. All members in favor, motion carries. Conservation Commission September 14, 1999 Page 4 g. 320 Essex Street - construction of 5 homes/Appleton Estate. Mr. John Morin stated he represents Anne Crest who is building off of Meadow road the proposed development southwest of Old Essex Street. He explained that there are two ponds on the property; Willow pond and an unnamed pond. They would be constructing a 500 ~. long cul-de-sac with 8 new houses with 5 of them bordering the wetlands and a portion of them along the buffer zone. The drainage system was lef~ offof the plans but will be provided in the new plans. He explained that a drainage system will be placed along a 500fl roadway offof Meadow Road. There are 2 existing catch basins and they will be adding 4 additional catch basins, which will catch the run-off Mr. Mofin stated there is well-drained soil there, which consists of sand, and gravel and that they ran several tests and found that there wasn't any ground water until they reached the 10-foot mark. He also stated that lots 3,4,5, and 6 post construction, lot 8 was 40it from the Buffer Zone and that Lot 4 was a little closer about 32 feet from the hay bails. Lot 6 closest point was 38 t~ and the hay bail line was 17 it away. He continued saying the roadway itself was 50it away from any resource area. Mr. Lang asked what was the proposed retention of the pond. Mr. Morin stated in a 100-year storm event it would come up to the top of the pond, which has a peak of 78 feet. Mr. Lang asked if there were any questions? Mr- Donnelly asked what about the roofdrainage. Mr- Morin responded that it will be directed bank to the pond. Mr. Donnelly asked what the elevation was of the underground water. Mr. Morin stated the holes that were dug showed no ground water. The run off may cause a rise to 2 ft. below the pond and the soil testings that were done in June showed no evidence of water within 10 Mr. Donnelly asked when the tests were taken at the ponds. Mr. Morin responded in April. Mr. Lang stated that there would be a lot of runoff directed to the rear of the property and how will this impact abutting neighbors and flooding. Mr. Morin stated that there would not be more discharge directed in that direction. The peak flow is insufficient during a 2 year and 10 year storm event. and during a 100- year storm event it increases the flood stage to 02 inches. Dr. Johnson stated it will increase the peak flows in the pond, which are high now so it will make it worst. Mr. Mofin responded yes, the studies show when developing the site you will increase the peak flows but it will not affect the a budding properties. Mr. Mazuy asked if the site was staked out. Mr. Morin stated yes. A site walk was scheduled for October 2nd. at 8:30 a.m. Mr. Lang asked if anyone wished to comment on this project. Mrs. Janet Pollack of Old Essex Road stated that the properties have routinely flooded over the past ten years and that the land is turning into wetlands. She added that there are sink holes and that the soil is dry now due to the dry summer. She requested that the Commission review the dam that the city erected around the pond because the pond is not stationary. She also stated that there is a pipe that runs under Essex Street from the pond to Beve~y Farms and that it often plugs up. She agreed that the figures sound good but we don't have to wait for a 100 year flood for the properties to flood; they flood every spring and winter. Mr. Morin responded that they were hired to prove that this development will not create more flow and that they can't fix the existing problem. Conservation Commission September 14, 1999 Page 5 Mr. Mazuy asked will the increase in flow be substantial. Mr. Morin stated that flooding is a major concern. What they thought was a river is a moving stream and the rainfall created situations. Mr. Lang asked what are the plans for the buffer zone. Mr. Morin responded yes that 30 ft.. to 60 ft. will stay natural. Mr. Lang asked which lots ran along the buffer zone. Mr. Morin responded lots 4, 5 and 6 ran along the buffer zone and they will not be touching the existing tree line. Mr. Jack Murray, Ward 5 Councilor stated that Janet Appleton's property and the property across the street has water problems around their properties and they were seeking relief from the city and state. Mr. Morin stated that they dug a dry well about a month ago and they did not hit water until 8 to 9 feet but what they did hit was bedrock. Mr. Dean Ribbon of 9 Meadow Road asked what direction will the roof run off flow. A Beverly resident stated if you direct the roof runoffto the roadway it will have to flow down than up. Mr. Morin stated that the highest point of the property is 82 feet at the back of the property and 81.5 feet at the from and the way the drainage works from the high point it heads back to the pond. Mr. Lang questioned can you build up the sites inclines so the drainage doesn't run towards the pond. Mr. Morin responded No, but the water capacity infiltration will only be a .2 increase. Mr. Lang asked what was the verified rainfall in 1997. Mr. Morin stated in a 100 year storm event it was 7 inches. Ms. Mary KoKoska of 26 Meadow Road stated she built her home in 1985 when nothing else was up there but the road. When the roadway was lit~ed 6 feet up around the pond they all started to get water. The road starts out high and runs down low. Mr. Morin stated the road continues up to the high point and that the back lots will have walk out basements so no fill will be needed. A resident of Beverly stated if you take out trees and vegetation for roads and homes they will have water in their basements and the area can't handle a normal storm now. He added that he doesn't understand how you can say building these homes will be no problem. Mr. Morin responded this is exactly why you need the pond; again what they found from the tests the state conducted is sand and gravel above the water table. Mr. Ken Donahue of 3 Ashton Way stated he saw the water flowing right in above neighbor' s bulkhead last spring. This is not a pond it is a lake. Ms. Linda Broderick of 348 Old Essex Road stated she moved there 1 year ago and with in the 1~t month the water came within 2 feet of her cellar. Ms, Tracy Robin of 9 Meadow Road stated the Essex County Greenbelt Association wishes nothing to happen to this property. Another Beverly resident stated that the engineers have to take into account is that the runoff frum Route 128 ends up on this property. Conservation Commission September 14, 1999 Page 6 Mr. Lang stated that they will review the drainage issue at the site visit and added that the commission will continue this to the next hearing. Tony Paluzzi motions to continue matter to October 5, 1999, seconded by Mr. Mazuy. All members in favor, motion carries. 3c. 25 Hull Street - Sawyer Ms. Hurlbun stated she received 2 letters from Mr. Sawyer September I st, and September 13th and she continued to read them, A discussion on the wetlands followed by the Board. It was determined that their questions where clarified. Ms. Anne Matron of LEC Environmental Consulting stated she took Botanist out there last Friday and collected data. Mr. Mazuy motioned to close the hearing, Mr. Paluzzi second the motion. All Were in favor, motion carries Orders of conditions 30 Kennell Bill Drive - Pool installation Mr. Mazuy stated judging by the land and vegetation it appears to be wetlands, I vote against it. A discussion by the Board followed about whether or not the existing vegetation fitted the criteria for wetlands. Dr. Johnson stated he was uncomfortable voting on it because he was unable to make the site visit. Mr. Mazuy motioned to deny the issue and of an Order of Conditions because it appears that wetlands have been filled, seconded by Ms. Grimes~ Motion is 3 in favor, 2 opposed, 2 abstained, motion does not carry. Ms. Hu~burt stated that the applicant has 10 days to appeal to the DEP 719 Cabot Street - sewer & water installation A motion made by Mr. Paluzzi to issue an Order of Condition with standard commission conditions, seconded by Mr. Mazuy. All members in favor, motion cardes. 25 Hale Street Motion made by Mr. Paluzzi to issue an Order of conditions with standard conditions, seconded by Mr. Johnson. 3 members in favor, 3 opposed, Motion does not carry. Mr. Lang adjourned the meeting at 10:10 p.m.