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1999-03-16City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: March 16, 1999 Haee: Beverly Public Library, 32 Essex Street Board Members Present: Chairman David Lang, Anthony Paluzzi~ Jay Donnelly, John Mazuy, Richard Benevento Board Members Absent: Patricia Grimes, Dr. Mayo Johnson Others Present: Debbie Hurlbutt, Assistant Planning Director; and Frank Killilea, City Engineer Recorder: Carol Ph Pearce Chairman Lang calls the meeting to order at 7:00 P.M. Reauest for Determination of Ai3~licabilitv 7R Netherton Avenue Mrs. Parrida Doucette wants to put a 27-foot above-ground pool on a flat grassy area about fifty feat from the two-foot sealion which is considered wetlands in the area. She indicates the projed will not disrupt the environment. Mr. Lang asks if there will be any excavation, and Mrs. Doucette raplies it will just on the grassy area. Mr. Mazuy asks if haybales will be placed between this project and the brook and Mrs. Doucette responds that they weren't planning on haybales. She notes that she was told by the installer that there is no problem, it is a flat area and them is no need for excavation. Chairman Lang asks for additional questions from the Commission. There being none, he asks for questions or comments from the public. There being none, Mr. Mazuy makes a motion to approve the Determination of Applicability ~ for 7R Netherton Ave, seconded by Mr. Pal-77i. Lang, Paluzzi, Mazuy, Donnelly in favor, Benevento abstained. 4-0-1 motion basses. 3 Moman's Island Road Gary Dionne, 3 Morgan's Island Road, informs the Commission that his house is built on a sloped lot, one side has a walk-out basement. He notes they are proposing a small patio with a one to two-foot wall, and on the first floor street Conservation Commission Meeting Minutes - 3116/99 Page 2. level they went to construct a wood deck above that same area, abutting the watlands. Mr. Lang wents to determine the wetland from the existing haybales, and Mr. Dionne states the haybales ere there from when the contractor did the work on his home in the past year. Mr. Lang further questions if them is a concrete culvert dght next to his house, and Mr. Dionne replies yes, that it is about twenty feet awey. Mr. Benevento wents to know how far is the post on the right-hand comer of the deck, and Mr. Dionne replies it is a couple of feet from the haybale line existing right now. Mr. Palu:,:.i questions if there is existing riprap across the beck of the house, and Mr. Dionne notes that it ends where he would propose to begin the deck. Mr. Mazuy asks if a person would have to step in the wetlands, and is told by Mr. Dionne that there will be a couple feet between that and where the haybales are currently located. Mr. Benevento asks if the haybales are in the wetlands, and Mr. Dionne replies that they are on the edge. The silt fence is there and the lawn wes installed up to that point around the home. He notes that he didn't go as far as the haybales so there would be space between the wetlands and that he is proposing. Mr. Benevento voices concern over doing work on the line or within a foot or two of the line. Mr. Dionne indicates that to make it five feet, they would have to decrease the size of the deck or chop off the comers, and notes he wes trying to keep the shape as simple as possible. Mr. Lang asks where lumber would be stockpiled, and is told it would be in the driveway or on the side of the house between 1 and 3 Morgan's Island Road. Mr. Benevento asks how high off the ground the deck would be located, and Mr. Dionne responds it will be about 7 or 8 feet, plus the well, so a total of about 8 or 9 feet, depending on the ground. Mr. Benevento further questions composition of the well, and Mr. Dionne indicates it will be a simple modular well placed on crushed stone. He notes they will dig a trench for the stone, probebly 6 inches, but he will check with the Building Inspector. He also states that the stone well will be retaining a couple feet of dirt. Conservation Commission Meeting Minutes - 3/16/99 Page 3. Mr. Donnelly asks if there will be a lawn area between the wetlands and the deck, and Mr. Dionne says there will not be much of a lawn except for a pie- shape area where the haybales go. He states there is grass there now, and he would maintain that to some degree. He also states he would suggest making a small step or two off the deck so any time they go in that direction they have to step off the patio area rather than having to walk around it. Mr. Pal-77i questions digging the trench for the footing, end is informed by Mr. Dionne that digging will be done with just a shovel. He notes that all the soil is new and very soft, and it will all be hand dug. Mr. Lang notes that the excavation of a 2 foot by 40 or 50 foot lawn is a little more construction work than the Commission normally allows. He asks for additional comments from the Board. Ms. Hurlburt wants to make clear that the concern for the Commission is that if a positive determination is made, Mr. Dionne would have to submit an Abbreviated Notice of Intent for this type of project. Mr. Benevento indicates that Mr. Dionne is looking at about 20 cubic yards of fill, which is about a dump truck load that's being held by a retaining wall, end the Commission doesn't know about the stability of that wall. He notes that the concam of the Commission is the integrity of the resource area. Mr. Benevento states that he feels Mr. Dionne should have a more definitive plan and demonstrate to the Commission hew the resource area will be maintained. Mr. Lang informs Mr. Dionne that he can either withdraw the request and resubmit it later, or the Commission can vote on if new. Mr. Dionne says he will work with Ms. Hurlburt and get information together and get everything the Commission nccds, but will withdraw it for now. Ms. Hurlburt requests a letter confirming the above, and Mr. Dionne indicates he will comply with her request. Mr. Pal-7~i makes motion to accept the withdrawal, Mr. Benevento seconded. Lang, Paluzzi, Mazuy, Benevento in favor, Donnelly abstained. 4-0-1, motion passes. Chairman Lang indicates that we will recess for Public Hearings. Public HearinGs Conservation Commission Meeting Minutes - 3/16/99 Page 4. Continuation of Public Headn{3 - 218 Hart Street Chairman Lang notes the Board is in possession of a letter from Mr. DeRose noting that the EPA had to postpone the site walk from 2/19/99 to 3/17/99 and he is requesting a continuation of the public heating until the next scheduled Commission meeting, Apdl 6, 1999. Mr. Lang notes that he spoke with Laude Suda, Coordinator with the Corps of Engineers in which she indicated that they want to come and see the property. She stated that the EPA expressed interest in the project and they will be on the site walk along with representatives from Fish and Wildlife. Mr. Mazuy makes motion to continue the public hearing until Apdl 6, 1999, seconded by Mr. Paluzzi. All members in favor. 50, motion passes. 90 Preston Place John Thomas Neely, representing Mr. Mahan, states they are proposing to replace an existing leaching facility and build a garage with a lawn above the wetlands resource area at the rear of the property. He notes that they did soil testing and the system is a little oversized. The grading is one to one and one- haft feet of fill, and there will be no major grade change. He further notes they are proposing haybales in the area. He states that a few small shrubs need to be removed, but no large trees will be affeded. Chairman Lang asks if this proposal meats standards set by the City of Bevedy, and Mr. Neely replies that it does. Mr. Nealy further notes that the test pits show no ledge. Chairman Lang asks for questions or comments from the Board. Upon a question from Mr. Donnelly, Mr. Neely notes that the design complies with the Wetlands Protedion Act. Mr. Lang asks how much fill will be brought in, and Mr. Neely replies that about t~o feet of topsoil and subsoil needs to be removed and replaced with filtered send. He notes that about a haif fcot of fill will be brought in, but the existing grade is pretty much the same. There will be one-half to one foot at the rear of the garage so that water runs away from the garage doors. He indicates there will be about 20 cubic yards above ground, and about 60 cubic yards of sand. Mr. Neely further indicates that material would be stockpiled where the driveway would be, about 50 feet from the edge of the wetlands. They would dig a footing Conservation Commission Meeting Minutes - 3/16/99 Page 5. hole and install the foundation and then come and install the septic system, standard excavation for a leaching facility. He notes that they would hook up a distribution box and everything would be backfilled at the same time. He indicates the last thing would be the construction of the driveway. He notes fie walk behind would be between the proposed leech field and the haybale line, or flipped over to the other side between the proposed leach field and the roadway. Mr. Mazuy asks how long the project would be take and Mr. Neely replies that some contractors can do this in a few days. Mr. Paluzzi asks if in doing the excavation they will be disturbing the root system of a 30-inch spruce by the roadway, and Mr. Neely indicates he does not know, that the system is about 20 feet from the trunk and they will be going down 2-1/2 to 3 feet. He further notes that the abandoned cesspool will be filled in. Chairman Lang asks for further questions or comments from the Board. There being none, he asks for questions or comments from the public. Jean Murphy, 36 Longmeadow Road, wants to know if the project must be inspected by the City. Mr. Lang informs her that the City Board of Health will make an inspection. He further indicates that before the system can be backfilled, both he and the Board of Health are required to go out and make sure that the system is being installed according to the design plan. Mr. Pal-??i questions an existing wall on the property, and Mr. Neely replies that the house is on town water but there is still an existing wall out in the back. After discussion among the Board regarding a site visit, Mr. Pal-7~,i makes a motion to continue the Public Heedng to Apdl 6, 1999 pending a site visit at 8:30 A.M. on Saturday, March 27, 1999. Seconded by Mr. Mazuy. Lang, Mazuy, Pal-7?i, Benevento in favor, Donnelly opposed, motion passes. 453 Essex Street Alexander B. Trakimas of Tyree Engineering states that December 22, 1998 was the EPA deedline for upgrading underground storage tanks, and his client chose to replace and upgrade. He notes that they had a 24,000 gallon capacity which has been emptied. They plan to replace everything including the fuel dispensing system, underground storage tanks and piping dispensers. Conservation Commission Meeting Minutes - 3/16/99 Page 6. Chairman Lang asks about the existing tanks and questions whether thero wore any leaks. Mr. Trakimas replies he is not awore of any problems and indicates they are just taking out the old and puffing in the new. Mr. Benevento asks if it is determined that due to an overfill or leaks in the tanks that they have contaminated the soil, will it be tested, and Mr. Trakimas replies that it will. Mr. Lang says the Commission hopes you don't find any contaminated soil but if you do, you could have a rolloff and stockpile it thero on the site, and Mr. Trakimas responds that this would be preferred. He further notes that all work will take place within the existing paved area. Mr. Donnelly questions the groundwater elevation, and Mr. Trakimas answers that it is probably just a couple of feat higher than the level of the brook, probably about six feet. On a question from Mr. Lang, Mr. Trakimas indicates there are no plans for a fence at this time. Mr. Benevento wants to know if any siltation control is proposed, and Mr. Trakimas responds that they plan to haybale the area and have filter fabric on the catch basin. Thero being no further questions or comment from the Board, Chairman Lang asks for questions or comments from the public. Karon Stover, an abuttar at 116 Stanley Street says she lived in the area for two and a half years and wants to go on record requesting a six-foot wood stockade fence because of the pollution which falls into the area, mostly debds from patrons of Rich's or the gas station. Ward Six Councilor John Murray of 14 Greenwood Avenue notes that the Centerville Improvement Society did approve the fact that a fence should be installed, and notes the Sodsty wont on record to state that no additional store hours be allowed, or the hours that the exterior lights are illuminated. Mr. Benevento states he feels the fence is a good idea, but they also require periodic maintenance. Joan Murphy wants to know who would design this, and Mr. Trakimas responds that it goes to the Board of Health and the DEP. Conservation Commission Meeting Minutes- 3/16/99 Page 7. Eric Kenny, 120 Stanley Street, says he is in favor of a fence and maintenance of the litter problem. He states that the dumpstar is always full and things blow out into the surrounding area. Mr. Benevento notes that the property owners on each side of the fence would be responsible for keeping it dean. Mike Fazio, who is leasing the property, indicates he is puffing $550,000 to $600,000 into this property and he does not want it to become a catch basin for trash. He states he wants to do business with the neighborhood and would consider a fence. Karen Stover notes that Mr. Fazio said he would consider a fence, but wants to know what 'consider' means and when they will have an answer. Chairman Lang states that this headng is going to be continued until the Apdl 6, 1999 meeting and a site visit will be conducted on March 27th. Renee Mary, 274 Hale Street, wants to know if it is legal to be throwing trash into the wetlands, and if so, can the Commission require that it not be done. Mr. Mazuy replies yes, and that it be cleaned up. Mr. Paluzzi makes a motion to continue this hearing to April 6, 1999 pending a site visit on March 27, 1999 at 9:30 A.M., seconded by Mr. Donnelly. All members in favor, none opposed, motion passes. 133 Common Lane Peter Ogren of Hayes Engineering notas there is a Purchase & Sale Agreement on the property at Common and Greenwood, Lot fr2, a small lot with a 12-acre parcel behind it. He notes there is a 100-foot buffer zone and calls for extending water service into the dwelling. He notes that the four comers of the proposed dwelling have been staked out, and the owner wants to dose on the building lot and close on the property as soon as possible. Mr. Pah,-~,i questions the material used in the driveway. Mr. Ogren states it is currently stone, but will be asphalt. Mr. Paluzzi asks if ledge is expected, and Mr. Ogren replies yes, there are ledge outcroppings in the area, and they expect blasting would be required. Conservation Commission Meeting Minutes - 3/16/99 Page 8. Ms. Hurlburt notes that on the plans in the Planning Department it shows just one house on that large lot, and Mr. Ogren replies that that is correct. Ms. Hurlburt questions building in the buffer zone as stated in the Conservation Restriction, and Mr. Ogren states the house sits back with a circular driveway. Mr. Dennelly states that he feels runoff should be controlled, and is told that this is a continuing problem in the Common Lane ares. Mr. Paluzzi makes a motion to continue this hesring to Apdl 6, 1999 pending a site visit on March 27, 1999 at 10:00 A.M. Seconded by Mr. Mazuy. All members in favor, none opposed, motion passes. Chairman Lang indicates that there are no Orders of Condition to be considered at this meeting. Extension Permit - Nicole Avenue Debbie Hudburt notes that the Orders of Condition will expire on July 16, 1999. Thomas Carnevale requests a one-year extension. A lot of work has been done, but he needs a one-yesr extension. Mr. Mazuy makes a motion for a one-yesr extension, seconded by Mr. Paluzzi. All members in favor, 5-0, motion passes. Certificate of Compliance - 17 Cole Avenue Chairman Lang notes that there was an application recently to do some work on this parcel and one of the conditions was that they had to end an older Order of Conditions on this same address prior to any new work commencing. They have a request to issue a Certificate of Compliance for the work. Mr. Mazuy makes a motion to issue a Certificate of Compliance on the Application at 17 Cole Avenue, seconded by Mr. Paluzzi. All members in favor, 5-0, motion passes. Other Business Chairman Lang expresses concern about the compost site on Stanley Street. He states he did a site visit and was very concerned, and also that Mr. Paluzzi wont out the next day and that he can spesk for himself. Mr. Lang feels a site visit should be scheduled. Conservation Commission Meeting Minutes - 3/16/99 Page 9. Mr. Lang states the wetlands have been filled for a long time and he does not understand how people in the Engineering Department could let this go and not notify the Commission that there was a potential problem there. Mr. Lang states as late as February 22, 1999 the City Solicitor went to the DEP for recycling of that site and didn't come to the Commission for help in filling out the application, and he left any information on the wetlands out of the application. He notes the Commission has photographs, but the area is totally saturated. Mr. Killilea states that on 1/29/99 the City Health Department issued a Cease and Desist Order to the operator of the compost site. He states he arranged a meeting at the site and feels the Commission would have to submit an application for permission to continue the intended compost operation at the site by JRM. He notes he has sent letters to four different companies for proposals to help delineate wetlands and prepare a contour map. He hopes that within a week he will gat responses and can select someone. He indicates he then would have to speak with the operator, JRM, and map out how the site could be propedy prepared. Mr. Lang asks Mr. Killilea if he thinks this site could be used for recycling in a cost-effective manner in any way. Mr. Killilea responds that there is standing water, and because of the water table and the wetlands all around, he notes the City would have to raise the grade to keep the material dry. He notes that the biggest concern is the filling of wetlands and the creation of ponds. Mr. Killilee also notes that the Health Department initiated a rodent control program. He states they have a contractor coming in who will be setting bait traps in the area within ten days, and that they want to continue to set the traps for the next three months, and they will be leoking into the question of rodent infestation. Mr. Lang indicates that a February 22, 1999 letter from Mr. Handlay raises the issue of dosing the operation, and Mr. Killilea responds that if this is closed, the City is in dire straits. He notes that JRM ran the operation for the last two years. Mr. Lang asks whether Mr. Kjllilea was aware there are wetlands being filled up there, and Mr. Killilea states he was aware there were wetlands on the site, but he thought JRM was keeping a safe distance from the wetlands, but this was not the case. He states JRM has exceeded his area. Mr. Donnelly states that the Commission needs an agreement with the operator to follow a program to protect the wetlands, and suggests maybe there is need for some fencing or markers to show that this is the area they cannot go beyond. Conservation Commission Meeting Minutes- 3/16/99 Page 10. Mr. Mazuy states that two years ago the Public Works Department indicated they spent $100,000 to clean up the compost site to make it usable, and he suggests that JRM and the City post the area around the wetlands. He said it is going to smell and cause a severe odor problem as well as rodent problems. Mr. Mazuy states he was at a meeting last week and it was indicated that the application was unacceptable. He further states there were a number of residents at that meeting who complained about the odors. Mr. Benevento asks if the rodent problem is because of lettuce coming onto the site, and Mr. Killilea responds that it is. Mr. Donnelly makes a motion that the Beverly Public Works Department hire a licensed wetlands scientist and submit a plan delineating wetlands at the April 6, 199 meeting, with a remediation continuing operation plans. All members in favor, none opposed, ,5-0 motion passes. Mr. Lang adds that a letter be sent to Mr. Handley indicating that the Conservation Commission should have been notified and then we could have helped him out, because it came in through the back door and it was very embarrassing. Modification - 38 Paine Avenue Edward Marshall of Steve Simpson Associates notes that Hancock Engineering had approvod these two areas on a coastal bank to be improved, and proposed a thrcc to-one slope coverod with jute mesh and grass. He said they feel this introduction that they are recommending would get a more sturdy slope. They propose using a sand/soil mix, structural soil (gravel loam and gel mix). He notes that plants often suffer from drought conditions and feels this would provide help and keep them healthy. He notes that the plants will start to weave together like a mat but that you have to get things plants in a certain window or time frame. Ms. Hurlburr states that Coastal Zone Management told her that beach grass grows quicker and she states that there may be more trouble keeping the bank stable. Mr. Lang indicates that this appears to be a major modification and that it will be advertisod for a new Public Hearing. Putnam School Conservation Commission Meeting Minutes - 3116/99 Page 11. Mr. Paluzzi makes motion to extend the Order of Conditions for three years, seconded by Mr. Mazuy. All members in favor, none opposed, 5-0, motion passes. Ms. Hurlburt distributes mail to the Board members. Ms. Hurlbud asks for approval of the February 2, 1999 Meeting Minutes. Mr. Benevento abstains because he was absent. All other members in favor, 4-0-1, motion passes, and the Minutes are approved. Mr. Donnelly makes motion to adjourn, seconded by Mr. Paluzzi. All members in favor, meeting adjourned 9:30 P.M.