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1999-08-31City of Beverly, Massachusetts Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: PLACE: BOARD MEMBERS PRESENT: OTHERS PRESENT: ABSENT: RECORDER: Conservation Commission August 31, 1999 Beverly City Hall Chairman David Lang, Dr. Mayo Johnson, Jay Donnelly, Vice-Chairman Anthony Paluzzi, Jon Mazuy, Richard Benevento (7:15) Assistant City Planner Debbie Hurlburt Pat Grimes Jeannine Dion Chairperson David Lang called the meeting to order at 7:00 p.m. Request for Determination of Applicability New: Grover Street - reconstruct portion of Grover St./City of Beverly Frank Killilea stated the City has retained Bayside Engineering to assist in road improvements for a portion of Grove Street. Mr. Killilea stated there was an informational meeting a few weeks ago. Mr. Killilea introduced Stephen Tyler from Bayside Engineering. Mr. Tyler stated that the project consists of improvements for a portion of Grover Street between Independent Circle and Old Planters Road. Mr. Tyler stated that the sidewalk would be constructed on the southwesterly side of the road. Mr. Tyler stated that protective measures would consist of a silt fence and hay bales all along the northwest easterly side. Mr. Mazuy asked when the project would start. Mr. Killilea stated he would like to start blasting this fall and road improvements would probably be done next spring. Mr. Lang asked if the project is going beyond Galvin Circle. Mr. Tyler responded in the affirmative. Mr. LaRosa from Bayside Engineering stated the distance from Independence Circle to Old Planters Road is approximately 3,800 feet. Ms. Hurlburt asked Mr. Killilea for the complete set of plans for the files. Mr. Killilea responded that he would provide the entire set, which consists of about five drawings. Mr. Lang asked if there were any questions from the public. Conservation Commission Minutes August 31, 1999 Page 2 Ward 6 City Councilor John Murray stated that the informational meeting was very well attended and there was complete support from the neighbors. Mr. Murray stated that this project is long overdue. Mr. Donnelly asked what would be done with materials being removed from the site. Mr. LaRosa responded that there would be excavated ledge on the westerly side of the project. Mr. LaRosa stated that it would not be stored within the buffer zone. Mr. LaRosa stated that generally the contractor takes the material offsite to an area that requires fill as soon as possible. Mr. Mazuy moved to close the public hearing. Mr. Paluzzi moved to recess for public hearing. Notice of Intent Continuation: 3 Monlan's Island Road - deck construction, wall & patio/Dionne Ms. Hurlburt stated she had spoken with DEP representative Rachel Freed on the modification request for Mr. Dionne. Ms. Hurlburr stated that Ms. Freed indicated that DEP gave Mr. Dionne the approval with the caveat that he constructs the deck, wall and patio at his own risk. Ms. Freed stated that she told Mr. Dionne that because he could not ensure were the boundaries are, because there have been no markers placed, that he should be very careful with the construction so tbat it does not encroach on the no-build zone. Ms. Hurlbun stated Mr. Dionne is requesting to withdraw his application. Mr. Mazuy moved to accept the withdrawal of the application by Mr. Dionne, seconded by Mr. Paluzzi. All members in favor. Motion carries. Continuation: 218 Hart Street - pond restoration/Welles Ms. Hurlbun stated the applicant ;~u. ested an extension to the next meeting of the Commission which is September Mr. Mazuy moved to grant an extension to the next meeting scheduled September 14, 1999, seconded by Mr. Paluzzi. All members in favor. Motion carries. Continuation: Hale Street- boundary delineation/Endicott CoileRe (Hancock) Ms. Hurlbun stated the applicant has requested an extension. Ms. Hurlbun stated the Commission is waiting for the calculations on the federal wetlands. Ms. Hurlbun also stated the Commission has not received new plans showing revisions to the flagging. Conservation Commission Minutes August 31, 1999 Page 3 Mr. Paluzzi moved to grant an extension to the next meeting scheduled September 14, 1999, seconded by Mr. Mazuy. All members in favor. Motion carries. Continuation: 25 Hull Street - house construction/Sawyer Ann Martin from LEC Environmental outlined several changes as a result of the discussion with the Conservation Commission. Ms. Martin stated the footprint of the house was reduced and a cross drain was added. Ms. Martin stated she wanted to reiterate that according to the Wetland Protection Act, a subdivision with two lots is not required to provide storm water mitigation measures. Ms. Martin stated she understands there are flooding problems in the neighborhood and the applicant responded to that concem by putting in the drainage swails and providing calculations which reflect a reduction of the amount of water. Mr. Lang asked if there were any questions from the Commission. Mr. Mazuy asked how the applicant arrived at the determination that the plan will achieve a decreased water flow. Mr. Sawyer responded that rainwater will drop into the swail and will have to go approximately 68 feet. Mr. Mazuy stated he has concerns about the impact on neighbor (Mr. Butler). Mr. Sawyer responds that if anything, the water situation will be improved. Mr. Sawyer stated he believed there will be a greater removal rate. Mr. Donnelly asked if the City Engineer has evaluated the plans. Mr. Sawyer responded that he submitted revised plans to Mr. Killilea today. Mr. Lang stated that during the site walk there was some question about vegetation. Ms. Martin stated that the standard is to delineate wetlands on vegetation and soils. Ms. Martin itated that she personally delineated the wetlands and it was not done on vegetation alone. Mr. Lang asked Ms. Martin how deep she dug for the samples. Ms. Martin responded 20 to 22 inches. Mr. Lang asked Ms. Martin if she had the samples. Ms. Martin stated she could gather more information or provide the Conservation Commission with the information she already has. Ms. Martin said she would be more than happy to go hack with the Conservation Commission members and dig a hole anywhere on the site to test the soils. Mr. Mazuy stated the area is very sensitive area. Mr. Mazuy stated he would be inclined to vote against this as it now stands because it is very close to the line and the neighbor, Mr. Butler, suffers unnecessarily. Mr. Mazuy stated he feels a great deal of sympathy for Mr. Butler. Conservation Commission Minutes August 31, 1999 Page 4 Mr. Lang states there are two important items to review, 1) engineering controls and 2) delineations. Mr. Donnelly stated he would like advice from the City Engineer. Mr. Sawyer stated some of the issues fall within the jurisdiction of the Planning Board. Ms. Martin asked how the Conservation Commission would feel if the City Engineer made recommendations and revisions. Mr. Mazuy stated he would feel a little better but he acknowledged the site is very close to a stream. Mr. Lang asked if the beard would entertain sending a letter to City Engineer for his comments. Ms. Martin recommended the DPW remove debris along the culvert. Mr. Mazuy stated it appears the pur~se of the existing drains was to divert water and they have had the opposite affect. Mr. Mazuy added that by adding the elevation of the school, Mr. Butler is now in a hole. Mr. Butler, 21 Hull Street reiterated he is strongly opposed to the project because of the water problems he has had over the years. Mr. Sawyer responded that he lived in the area for several years and he never observed water problems. Mr. Lang read a letter from Daniel Corriveau, 15 Noble Hill Road expressing oppositioa to the project. Mr. Corriveau is concerned abeut blasting. Mr. Sawyer asked if the Conservation Commission will approve the Notice of lntent if the City Engineer approves the drainage. Mr. Benevento stated that is a valid question. Mr. Benevento stated the Commission needs to be able to have a finding - negative or positive. Mr. Benevemo stated if the City Engineer says the drainage is ok, the Commission will need to act on it. Mr. Lang agreed that the Conservation Commission should be ready to make a decision at the next meeting. Mr. Lang asked the members if they would like to schedule another site walk. Mr. Mazuy responded that he would be satisfied if everything is shown on the plan. Ms. Martin stated she will provide two sheets showing wetland and upland vegetation. Mr. Lang asked Ms. Martin if she could provide the information a few days before the next meeting. Ms. Martin stated she could. Mr. Mazuy moved to cominue the public hearing to the next meeting scheduled September 14, 1999, seconded by Mr. PaluzTi. All members in favor. Motion carries. Conservation Commission Minutes August 31, 1999 Page 5 30 Kennell Hill Drive - 0ool installation/LaPointe Mr. LaPointe appeared before the Commission. Mr. Paluzzi stated there are a lot offems in the area and he would like to see some soil samples to confirm whether this is an area of jurisdiction or not. Mr. Lang asked the applicant how long he has been living there. Mr. LaPointe responded 7 years. Mr. Lang explained to the applicant that some members of the beard are concemed that the area in question is wetlands. Mr. LaPointe asked if the members have had a chance to look at #34 Kennell Hill Drive. Mr. LaPointe stated they have an inground pool and the area is very similar to his yard. Mr. paln77i asked if the property ever floods. Mr. LaPointe responded that it does not. Mr. PaluTzi stated he believed the applicant should provide the board with soil samples. Mr. Benevento expressed concern about the applicant going through unnecessary costs. Mr. Mazuy stated that he believed the Conservation Commission has given the applicant the benefit of the doubt and the Commission needs to determine if it is a wetland location. Mr. Lang stated he thought this item shouM be continued to the next meeting so the Commission may contact the DEP. Mr. Lang stated he does not think it is a wetland issue because Mr. LaPointe has been living at the location for more than two years and the statute of limitations on having a site restored is two years.. Mr. Do ,nnelly suggested the applicant provide the Commission with soil samples. Mr. Benevento stated the area in question is lawn. Mr. Benevento asked if the Commission would require the applicant to pull out his entire lawn if it was deemed wetland. Mr. Lang suggested continuing to September 14, 1999. Mr. Lang stated he believes this is a buffer zone issue. Mr. Lang stated this area has not been a wetland area for 7 years-- probably longer. Mr. Lang stated that if that is the case, then it is a buffer zone issue and not a wetland issue. Mr. BenevCnto moved to continue the public hearing to September 14, 1999, seconded by Mr. Paluzzi. All members in favor. Motion carries. Conservation Commission Minutes August 31, 1999 Page 6 35 Standlev Street - boundary determination/Warinl! School John Scott from RFS Engineering appeared on behalf of the applicant. Mr. Scott stated that there was a site walk on Saturday. Mr. Scott stated he was not present, however Doctor Hewitson (botanist) attended the site walk on bohalfofhis client. Mr. Scott asked how the site walk went. Mr. Benevento responded that he wished all site walks were like that. Mr. Lang stated he believed the site walk went very well and there were no serious issues with the delineation. Mr. Benevento stated there was one suggestion that some type ofrebar or PVC pipe be put in place to delineate the edge of the resource area because of lawn cutting. Mr. Scott stated that his client would be happy to remove the brush pile. Mr. Lang stated the stream northwest/southeast is categorized perennial stream and the north/south stream is categorized as intermittent (according to the USGS). Mr. Mazuy expressed concern about cutting brush. Mr. Scott stated that the applicant wants to be ecologically concerned. Mr. Benevento commented that the area is quite remarkable in terms of the variety of wetlands. Mr. Benevento stated there were beautiful wetland flowers and the botanist was quite knowledgeable. Mr. Lang asked if there were any comments from the audience. Renee Mary, 274 Hale Street commented on the "dry" streank Mr. Scott stated that Dr. Hewitson observed the stream dry on June 3, 1999. Mr. Lang added that streams were unusually dry early this year. Mr. Paluzzi moved to close the public hearing, seconded by Mr. Benevento. All members in favor. Motion carries. New: 719 Cabot Street - sewer & water installation/Batchelder Mimi Batcheider, 253 Atlantic Road, Gloucester appeared on behalfofhersolfand her husband. Ms. Batcheider proceeded to read a letter from her husband outlining the merits of the project. Mrs. Batcheider then introduced Mr. Peter Giabhai from Ja-by Engineering. Mr. Giabbai stated there are two entrances (northerly and southerly). Mr. Giabbai stated the buildings consist of barn, small dwelling, gatehouse, proposed offme building, greenhouse and existing residence to be converted to a living area. Mr. Giabhai stated Conservation Commission Minutes August 31, 1999 Page 7 the applicant is proposing eight (8) inch sewer line, which will start at the northerly entrance. Mr. Lang asked if the applicant will have to dewater. Mr. Giabbai responded in the affirmative. Mr. Benevento asked what the distance is fi?om the road to the house. Mr. Giabhai responded approximately 300 feet. Mr. Benevento asked why the applicant is proposing a eight inch water line to serve one building. Mr. G-iabbai responded that there are a few reasons. First, greater water pressure (to accommodate the sprinkler system) and second, the cost is same for a 6 inch line versus 8 inch line. Mr. Donnelly questioned the location of the electrical conduit. Mr. Giabbai responded that all the utilities must be separated according to guidelines and he also tried to move all the utilities past trees without cutting too many trees. Mr. Benevento asked what the size of the office building is. Mr. Giabbai responded that it will be a basement and one floor and it will be unobtrusive. Mr. Lang asked if there were any questions from the audience. Renee Mary, 274 Hale Street asked where the dorms will be located. Bob Farmer, 792 Cabot Street asked if it would be easier to go through the south driveway. Mr. Giabbai responded that he wanted to use gravity - he does not want to pump. Mrs. Batcheider stated that there are very old trees and they are trying not to disturb them. Mark Jicobs from the Wetlands Preservation pointed out the wetlands on the plans. Mr. Jacobs stated that the area was flagged aRer the first of this year. Mr. Lang asked if there are more questions from members. There were none. A site walk is scheduled to take place on September 11, 1999 at 8:30 a~trk Mr. Beneveuto moved to continue the public hearing, seconded by Mr. Paluzzi. All members in favor. Motion carries. Conservation Commission Minutes August 31, 1999 Page 8 New: 74 Hart Street - boardwalk installation/Glen Urquhart School Christhe DeNuzzio, Science Teacher from the Glen Urquhart School presented a proposal to constreet a boardwalk crossing over a wetland area for the purpose of teaching ecology to eighth graders and other students. Ms. DeNuzzio stated the proposed boardwalk will be 2 to 3 feet above ground. Ms. DeNn77io stated the design calls for pilings every ten feet. Ms. DeNuzzio stated the pilings will be manually driven into the ground -- no machinery will be necessary and no soils will be removed. The material proposed is pressure treated hardwood. Ms. DeNttzzio stated Richard Wolniewicz from Atlas Landscaping will be responsible for driving the pilings into the soil and constmeting the framework of the boardwalk. Ms. DeNuTzio stated that when the framework is in place, volunteers and eighth grade students with the help of a previous board member (who is a carpenter) will place and join stkfface boards to the flamework. Ms. DeNu7zio stated she is interested in teaching ecology to eighth graders. Ms. DeNuzzio stated safety and access are two major issues. Ms. DeNuzzio stated she feels the temporary disturbance to the area would be lesser than taking 32 feet out into the wetlands. Ms. DeNnzzio stated she wished to enjoy the resource and enable the students to the view the entire process. Mr. Benevento stated he thinks it is fantastic to teach youngsters about the resource area. Mr. Benevento expressed concern about shading an area, which currently receives a hath of sun. Mr. Benevento stated a lot of the plant life would be destroyed. Mr. Benevento stated the Conservation Commission's responsibility as 'custodian' (so-to-speak) of resource areas in the City would be to ensure that those plants or any other habitat is not damaged in any way. Doctor Johnson stated he is concerned about the use of pressure treated wood in a resource area. Mr. Wolniewicz from Atlas Landscaping stated he has constructed and maintained several boardwalks. Mr. Wolniewicz conceded that some leaching would OCCur. Mr. Benevento stated that it is the Conservation Commission's responsibility to ensure that there is no degradation of the resource area. Mr. Wolniewicz stated he hoped the Conservation Commission would see the educational value is greater. Mr. Benevento agreed the educational value is great but he reiterated the Conservation Commission can not go against the Wetland Protection Act. Mr. Donnelly asked if the applicant has considered replication of the wetland. Ms. DeNuzzio stated there has been some discussion on replication. Conservation Commission Minutes August 31, 1999 Page 9 Mr. PalnzTi asked what is to stop the children from stepping off the beardwalk and into the wetlands. Ms. DeNnT~io stated a teacher would always accompany the children during the nature walks. Mr. Paluzzi asked fithere wouM be cutting in the wetland area. Mr. Wolniewicz responded in the affirmative. Mr. Benevento stated there are a few options to discuss further: 1) replication of the wetlands, 2) metal grate walkways versus pressure treated wood (to allow for more san to penetrate) and 3) increased height off the groand (to allow for more sun). Mr. Lang stated that the wetlands need to be delineated. Ms. DeNuzzio stated they have been delineated and the flags are on the site. Mr. Lang asked if there were any questions lirom the audience. Bob Farmer, a member of the public recommended using fiberglass grating material for the beardwalk. Renee lvlary asked if the public could attend the site visit. The applicant responded in the affirmative. ]Mr. Lang asked if the applicant could provide more information abeut pressure treated wood. Mr. Beneveuto moved to continue the public hearing to September 14, 1999 and schedule a site visit on September 11, 1999, seconded by Mr. Donnelly. All members in favor. Motion carries. Order of Conditions 35 StandIcy Street - boundary determination/Warinl{ School Mr. Benevento moved to accept the delineation as marked with Special Conditions: 1. All perimeter wetlands be permanently delineated by some means within 60 days; 2. All illegally placed debris be removed and legally disposed of; 3. The revised plan must be submitted to the Conservation Commission which indicate adjustments made in field. Motion seconded by Mr. Paluzzi. All members in favor. Motion carries. Conservation Commission Minutes August 31, 1999 Page 10 Certificates of Compliance Sunday Drive roadway - DEP File #5-523 Ms. Hurlbutt stated that the applicant did not submit the necessary information in time, therefore, she will put it on next meeting's agenda. Sunday Drive Lot #3 -5-573 Ms. Hurlburt stated that the applicant did not submit the necessary information in time, therefore, she will put it on next meeting's agenda. Resource Area Delineation (Hale Street) Childrcn's Montessori School Ms. Hurlburt stated that at the last meeting, members closed the hearing but did not vote to accept or decline delineation. Mr. Paluzzi moved to accept delineation, seconded by Mr. Mazuy. Mr. Benevento abstained. Motion carries(5-0-1). Other Invoice - Hancock Enlfineerinl! Ms. Hurlburt stated that there is an outstanding bill of $1,240 for work done by Hancock Engineering. A report that was required prior to payment was just received. Mr. Donnelly moved to approve the bill fi'om Hancock Environmental in the amount of $1,240, seconded by Mr. Mazuy. All members in favor. Motion carries. Installation of Irril!ation System - City of Beverly Ms. Hurlburt stated the City wants to install an irrigation system at a ball field. Ms. Hurlburt stated a portion of the irrigation system falls within the buffer zone. Mr. Benevento recommended a R.D.A. be filed. Ms. Hurlburt stated she would notify the City Engineer to do so on September 14, 1999. Beverly/Salem Water Supolv Board The members discussed where this issue currently stands. Ms. Hurlburt stated she will speak with the Marshall Handly to see if he has sent the Board a letter yet. Ms. Hurlbutt stated she would also send a letter to the Water Supply Board to invite them to the next meeting to discuss sampling and a mere recent test they have done. Conservation CommissiOn Minutes August 31, 1999 Page 11 Educational Site Visit Mr. Benevento stated he wouM like to hire Dr. Hewitson for an educational site visit. Mr. Lang agreed and recommended pictures be taken of vegetation and compiled in an informational booklet. Mr. Benevento moved to contact Dr. Hewitson (botanist) to conduct an educational site visit and appropriate $500 to do so, seconded by Mr. Mazuy. All members in favor. Motion carries. Approval of Meeting Minutes Mr. Pal,7:~i moved to accept minutes of June 29, 1999 and July 20, 1999 as amended, seconded by Mr. Mazuy.' All members in favor. Motion carries. Mr. Mazuy moved to adjourn, seconded by Mr. Donnelly. All members in favor. Motion carries. Meeting aarjoumed at 10:00 p.m.