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1999-08-17City of Beverly, Massachusetts Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: PLACE: BOARD MEMBERS PRESENT: OTHERS PRESENT: MEMBERS ABSENT: RECORDER: Conservation Commission August 17, 1999 Beverly City Hall Chairman David Lang, Pat Grimes, Vice-Chairman Anthony Paluzzi, Jon Mazuy, Richard Benevento (7:30) Assistant City Planner Debbie Hurlburt Dr. Mayo Johnson, Jay Donnelly Chairperson David Lang called the meeting to order at 7:00 p.m. Water Street - EmerlencV Certification Frank Killilea appeared before the Conservation Commission to request permission to replace 24 inch copper piping with new 24 inch copper piping and because of the public safety threat, he would like permission to do the work relatively quickly. Mr. Killilea showed pictures of the exposed broken pipe. Mr. Killilea stated the existing heedwall would be retained. Mr. Killilea stated he would replace it to the high water line and the work would take place at low tide. Mr. Paluzzi asked if there would be an excavation. Mr. Killilea responded that there would be some excavation. Mr. Paluzzi stated a wheel excavator would be less damaging to the site and recommended using same, Mr. Paluzzi asked how long the project would be taking place. Mr. Killilea responded ten (10) to fourteen (14) days. Mr. Mazuy moved to issue an Emergency Certification for emergency work on a pipe at Water Street, provided it is done with a wheeled vehicle, seconded by Mr. Paluzzi. All members in favor. Motion carried. Modification request - DEP File #5-662 - 17 Bayview Avenue/Arlleros Bob Cvriffm, a PE appeared on behalf of the applicant. Mr. Griff'm stated that during the reconstruction process the retaining wall that holds Bayview Avenue from the Argeros property started to fall down. Mr. Grifl'm stated because this condition posed danger to Bayview Avenue, the Argeros Family Trust has reconstructed the retaining wall. Mr. Griffin asked to modify the original plan to modify the parking and driveway northerly. Mr. GrilTm stated he believes the changes are minor. Conservation Commission Minutes August 17, 1999 Page 2 Mr. Lang asked how far the stairs have been moved. Mr. Griff'm responded approximately 5 feet. Mr. PalnzTi moved to accept the Modification Request for DEP File #5-662, 17 Bayview Avenue, seconded by Mr. Mazuy. All members in favor. Motion carried 4-0. 63 LothroO Street - DEP File #5-508/Petrol Mr. Griffm appeared on behalf of the applicant. He indicated that his client is seeking a Certificate of Compliance for the project. Ms. Hurlburt stated that there were several changes and that the applicant must provide information regarding the changes from the As-Built to the appmved plan. Ms. Hurlburt added that she believes the Enforcement Order was originally issued to look at the changes. Members recommended that the applicant file for a modification prior to acting on this certificate request. Mr. Paluzzi moved to recess for public hearing, seconded by Mr. Mazuy. All members in favor. Motion carried. Notice of Intent Cont.: Hale Street - boundan' determination/Endicott College {Hancock) John Dick from Hancock Engineering represented the applicant. Mr. Dick stated he has received comments from Gulf of Maine Research Center, Inc. Mr. Dick stated he will have the drainage calculations by the first week of September. Mr. Paln~Ti moved to continue the public hearing until September 14, 1999 at the Senior Center, ~econded by Mr. Mazuy. All members in favor. Motion carried. Cont.: Hale Street - boundan' determination/Endicott Collelle {Hayes} Attorney Thomas Alexander appeared on behalf of the applicant, the Children' s Montessori School. Mr. Alexander stated there were some questions about the notice. Mr. Alexander stated abutters within 100 feet were notified of the public hearing. Mr. Alexander stated the applicant has made changes pursuant to the suggestions made by Gulf of Maine, the Conservation Commission' s consultant. Mr. Alexander introduced Elizabeth Wallace, Wetland Scientist from Hayes Engineering. (Richard Benevento arrives at 7:30 p.m.) Conservation Commission Minutes August 17, 1999 Page 3 Ms. Wallace stated the riverfront area line has been extended. Ms. Wallace stated the 100 foot buffer zone has been extended. Mr. Lang stated the Commission received a letter from the Gulf of Maine Research Center regarding comments on the wetland boundary delineation. Mr. Lang asked if there were any questions from the audience. Renee Mary, 274 Hale Street expressed concern that the wetlands are misrepresented because of the long extended drought period. There was further discussion regarding the wetland delineation. Mr. Lang asked if there were any questions from the audience. There were none. Mr. Paluzzi made a motion to close the public hearing, seconded by Mr. Mazuy. All members in favor, motion carries 4-0-1 (Benevento abstains). Mr. Lang stated that the applicant and the Conservation Commission have agreed on where the wetlands are. Mr. Lang explained the process to the audience members and stated that the applicant will most likely come hack before the Conservation Commission with a construction project. Cont.: 240-250 Elliott Street - commercial center renovations/Marciano Attomey Thomas Alexander appeared on behalf of the applicant. Mr. Alexander introduced Jennifer Neville of Meridian Engineering. Mr. Alexander stated a site visit has taken phce with the Conservation Commission. Mr. Alexander stated the Conservation Commission received a comment letter regarding the Chapter 91 license, which he would like to address. Mr. Alexander stated waterfront properties tend to be heavily permitted by boards and agencies. Mr. Alexander stated the Chapter 91 people usually want to be among the last in on the project. Mr. Alexander stated he would seek to have the wetlands issues addressed by the Conservation Commission first and should the project change as a result of the Chapter 91, the applicant would have to come hack for a modification. Mr. Alexander tumed over the presentation to Jennifer Neville to detail the drainage system. Ms. Neville stated she researched a product manufactured by Vortex, which is a single sediment chamber that uses gravity and circular motion to separate particles from runoff. Ms. Neville stated the same system has been installed at the Stop & Shop site, which is adjacent to this project. Ms. Neville stated Vortex has a maintenance program. Ms. Neville stated the product has no impact in the runoffthrough the out fall pipe. Ms. Conservation Commission Minutes August 17, 1999 Page 4 Neville stated it delays the maximum flow that will come out of that pipe. Ms. Neville stated that per the request of the Conservation Commission, she is proposing a velocity diffuser at the end of the pipe. Mr. Paluzzi asked if the discharge from the pipe would stay in the pipe area. Ms. Neville stated a small amount might splash to the side. Ms. Neville stated the rock would be set at least six inches higher than the base of the pipe. Ms. Neville stated the rip rap also falls to the outside of the pipe. Ms. Neville stated there is no way the run off does not pass through the rip rap. Mr. Lang asked fithere will be any problem with groundwater. Ms. Neville stated they are designed such that they assume the groundwater to be 1 to 2 feet above normal. Mr. Lang stated the Conservation Commission received a letter from George Whitney, BHMA. Mr. Whitney stated his concern is that no consideration was given to Chapter 91 obligations. Mr. Lang read letter from Elaine Bezemes, 30 Crescent Avenue expressing concern about safety. Joan Murphy, 36 Longmeadow Road asked if there is a time requirement on the maintenance of the drainage system, Ms. Neville stated it is the obligation of the applicant to maintain. Mr. Lang stated that the Conservation Commission required Stop & Shop to do maintenance every two to three months. Mr. Mazuy moved to close the public hearing, seconded by Mr. Paluzzi. All members in favor. Motion carried. 2 Chanticleer Drive - landscaping{ and ul~arade walkover bridt, e/Kirwin Doug C~ok from Lundesign appeared on behalf of his clients Ed Kirwin and Dana Ballard. Mr. Cook stated he has made several changes to clarify the exact border of the stream. Mr. Cook stated the applicants understand the sensitivity of the area and are aware of a set of restrictions on the use of herbicides and pesticides. Mr. Lang read a letter from Deborah Goresline informing the Conservation Commission that a superseding Order of Conditions exists from DEP in relation to this propetty. Ms. Goresline stated the Order of Conditions designates a no cut zone and prohibits the use of liquid fertilizer, sodium chloride, herbicides, etc. Ms. Goresline stated there is also a restriction from cutting down any tree greater than 2 inches in diameter. Dana Ballard of 2 Chanticleer Drive (applicant) reiterated that they want to be ovemautious. They in no way want to jeopardize the b_abitat of the wildlife. Conservation Commission Minutes August 17, 1999 Page 5 Mr. Lang asked fithere were any other questions. There were none. Mr. Mazuy moved to close the public hearing, seconded by Mr. Paluzzi. All members in favor. Motion carried (5-0). Cabot Street (parcel so. of 770 Cabot St.) - house construction/Nadeau John Dick from Hancock Environmental addressed the Commission on behalf of the applicant, Ron Nadeau. Mr. Dick stated this was presented at the last meeting. Mr. Dick stated this is a tight fit. Mr. Dick states he did a site delineation, sited structure and drainage with utilities. Mr. Lang stated the delineation appeared correct on the site inspection. Mr. Palnni asked if the applicant is proposing a slab cellar, no basement. The applicant responded in the affirmative. Mr. Benevento moved to close the public hearing, seconded by Mr. Paluzzi. All members in favor. Motion carried (5-0). New: 30 Kennell Hill Drive - pool installation/LaPointe Paul LaPointe appeared before the Conservation Commission on his own behalf. Mr. LaPointe stated he would like to install an 18 foot X 36 foot inground pool. Mr. LaPointe stated he has lived at the house for seven years. Mr. Lang recommended scheduling a site visit. A site visit was scheduled to take place on August 28th at 8:30 ram. Mr. Paluzzi moved to continue the public hearing to August 31, 1999, seconded by Mr. Benevento. All members in favor. Motion carried (5-0). New: 25 Hull Street - house construction/Sawyer Karen Malarkey of LEC Environmental appeared on behalf of the applicant. Ms. Malarkey stated the applicant has filed a Notice of Intent for a cut-de-sac roadway, two driveways and a single family dwelling. Ms. Malarkey stated the existing site condition includes a single family dwelling located in the northeastern portion of the site, which is surrounded by manicured lawn, and a forest, which extends to the south. Ms. Malarkey stated a site evaluation was conducted on July 7, 1999. Mr. Stephen Sawyer of Clipper City Engineering stated the original plan was a 24 foot wide roadway. Mr. Sawyer stated it appears the applicant agreed that was expensive for a single family home. Mr. Sawyer stated they are proposing a 18 foot wide roadway. Conservation Commission Minutes August 17, 1999 Page 6 Mr. Sawyer stated DEP wanted a wider buffer. In order to accommodate DEP's request, he shifted the roadway to get a 13 foot minimum clear to the edge of the wetland. Mr. Sawyer stated an infiltration swale and leaching structure have been designed to alleviate drainage concerns. Mr. Lang asked what the height of the roadway is and the relationship to drainage. Mr. Sawyer stated they are improving the situation from what it is now by reducing volume of storm water from the site by 40% (10 year storm) to 25% (100 year storm). Mr. Benevento asked why the applicant is constructing a roadway. Mr. Sawyer responded the applicant is subdividing a current lot with area for two lots - but it does not have adequate frontage. Mr. Sawyer stated the madway is a private way creating frontage. Mr. Sawyer stated this is pursuant to the minor subdivision rules and regulations. Mr. Lang asked if the applicant what will happen to the trees by the stream. Mr. Sawyer responded in they will not be cut down. Mr. Lang asked if there were any questions ~'om the audience. Thomas Butler, 21 Hull Street stated he is strongly opposed to this project. Mr. Butler stated that since the last meeting there have been two storms. Mr. Butler provided pictures from the two storms. Mr. Butler maintains that several other abutters have water problems. Mr. Lang recommended the other abutters write letters or attend the next meeting. Jack Murray, Ward Six City Councilor stated he toured the pwperty. Mr. Murray recommended the Conservation Commission members take a close look at Mr. Bntler's property. Mr. Murray stated he requested the City Engineer, Frank Killilea view the property. Mr. Murray recommended the Commission members speak with Mr. Killilea on his Findings. Mr. Murray stated his intention was to call Mr. Killilea's attention to the problem that Mr. Butler has. Mr. Murray stated he believes the problem is from the Centerville school and the brook, which has not been maintained and therefore exacerbates the pmblern~ Mr. Murray stated he believes something needs to be done. Bernard Sawyer, the applicant stated other direct abutters do not have water problems. Mr. Lang asked if there were other questions from the audience. There were none. Mr. Benevento moved to continue the public hearing to August 31, 1999, seconded by Mr. Paluzzi. All members in favor. Motion carried. Conservation Commission Minutes August 17, 1999 Page 7 New: 35 StandIcy Street - boundary determination/Warinl~ School John Scott appeared on behalf of the applicant, the Waring School. Mr. Scott introduced Peter Smick, the headmaster of the school. Mr. Scott stated the applicant is seeking a resource area determination. Mr. Scott stated the school has plans for a building program, the centerpiece of which is the science building and an addition for a music facility, some improvements to access and parking. Mr. Scott stated the applicant is in the planning stage and this is the first step. Mr. Scott stated the main wet features of the property are a stream, which enters the property l~om the west, a fairly large wetland and pond in the middle of the property. Mr. Scott stated it is the applicant's intent to minimize any effect on the wetlands. Mr. Lang suggested scheduling a site walk for 9:30 on August 28, 1999. Chairman Lang asked if any members of the public would like to comment on this project. Renee Mary, 274 Hale Street expressed concern about the project. Ward Six Councilor Jack Murray stated the area is an area that floods during heavy rams. Mr. Mazuy moved to continue the public hearing to August 31, 1999, seconded by Mr. Benevento. All members were in favor. Motion carried (5-0). 3 Morlaa's Island Road - deck construction, wall & patio/Dionne Mr. Paluzzi moved to continue the public hearing to August 31, 1999, seconded by Mr. Benevento. Motion carried (4-0-1). Grimes abstained. 218 Bart Street - pond restoration/Welles Mr. Mazuy moved to continue to August 31, 9999, seconded by Mr. Benevento. All members in favor. Motion carried (5-0). Conservation Commission Minutes August 17, 1999 Page 8 Order of Conditions 240-250 Elliott Street Mr. Mazuy moved to issue the following Conditions: 1. Standard Conditions. 2. Clean out Vortex four times per year or consistent with manufacturer's specifications, whichever is more. Motion seconded by Mr. Paluzzi. Motion carried (4-0-1). Benevento abstained. 2 Chanticleer Drive - landscaping and upgrade walkover bridge/Kirwin Mr. Palu~zi moved to issue the following Conditions: 1. Standard Conditions. 2 .... Consistent with Dismissal Order from DEP, superseding Order of Conditions dated September 26, 1995, specifically numbers 4, 5 and 6. Motion seconded by Mr. Mazuy. All members in favor. Motion carried (5-0). Cont.: Cabot Street fNadeau Mr. Benevento moved to issue the following Conditions: 1. Standard Conditions. 2. Site shall be maintained daily. 3. A roll-off container shall be placed on site for debris and other trash. Motion ~econded by Mr. Paluzzi. Motion carried 4-0-1 (Mr. Mazuy abstained). Modification Request - DEP File #5-654 - 133 Common Lane/Wickers Steve Wickers appeared before the Commission to move the house back approximately 400 feet. Mr. Wickers stated he would like to move it to achieve more privacy. Mr. Mazuy moved to accept the modification and field site on the condition th~at administrator verify field inspection, seconded by Mr. Benevento. Motion carried. Conservation Commission Minutes August 17, 1999 Page 9 Certificates of Compliance 2 Ma~in Street - DEP File #5-633/Bunk (Mr. Lang recused himself firom this portion of the meeting.) Attorney Alexander appeared before the Commission Attorney Alexander stated the project is largely completed. Attorney Alexander stated the design has been changed slightly as a result of input ~om various boards. Attorney Alexander stated the building has moved away tiom the Bass River, as close to Margin Street as possible. Attorney Alexander stated the following items need to be completed: final layer of hot top, striping the public spaces and a public walkway. Mr. Mazuy asked iftbere is a plan on file showing this modification. Attomey Alexander responded in the affirmative. Ms. Hurlburt stated she believes a modification needs to be done first and then identify the changes. Jeffxey Bunk, 18 Foster's Point stated the walkways are physically there - the only thing that needs to be completed is the hot top and striping. Mr. Bunk stated he apologizes for the changes but he has been trying to please the Planning Board, Harbor Authority, Conservation Commission, etc. Mr. Bunk stated the plan has probably been changed about five times. Mr. Benevento asked if the plan is accurate. Mr. Bunk stated the As Built is accurate. Ms. Hurlbun stated she would like a letter stating what the changes are. Mr. Benevento moved to accept the modification request on the condition the applicant provide a letter detailing the modifications, seconded by Mr. Mazuy. Motion carries (4- 0). (Mr. Lang returned to the meeting.) 10-12 Conllress Street - DEP File #5-626/Morton International, Inc. Debbie Hurlbun stated that she has received a letter l~om Nigel Tindell, a representative for Morton Intemational indicating that the work has been completed as the Order of Conditions specify. Motion by Mr. Paluzzi to issue a Certificate of Compliance, seconded by Mr. Mazuy. All members in favor, motion carries (5-0). OTHER Ms. Hurlbun stated that she attended a MEPA meeting regarding the Chubb Brook and the Lawrence Brook. Ms. Hurlbun stated at the meeting Camp, Dresser and McKee (CDM) discussed some of the issues. Ms. Hurlbun stated she wrote a preliminary letter Conservation Commission Minutes August 17, 1999 Page 10 lirom the Commission with Pat Grimes' name signed saying that due to time constraints the Commission has not had time to review it, however the Commission will review it tonight and pass on information. Ms. Hurlburt stated that at the MEPA meeting a two week continuation was given. Ms. Hurlburt stated there were some very interesting comments. CDM said that they did not think that there were any significant increases in volume to those channels. Ms. Hurlburt stated CDM will have a couple of retention ponds to contain the water and in some areas they are going to have low berm to contain the water for stormwater. Ms. Hurlburt recommended that the members take a look at the ENF and provide comments to her so she may draft a letter to MEPA. A member of the audience expressed concern about raw sewage in Lawrence Brook. Mr. Mazuy moved to adjourn, seconded by Paluzzi. All members in favor. Motion carries. Meeting adjourned at 10:00 p.m.