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1999-02-22CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES BOARD: CONSERVATION COMMISSION SUBCOMMITTEE: DATE: FEBRUARY 22, 1999 PLACE: BEVERLY PUBLIC LIBRARY BOARD MEMBERS PRESENT: David Lang, Richard Benevento, Patricia Grimes, Dr. Mayo Johnson, Jon Mazuy, Anthony Paluzzi BOARD MEMBERS ABSENT: Jay Donnelly OTHERS PRESENT: RECORDER: Florence Sagarino Chairman Lang calls the meeting to order at 7:00 p.m. The first item on the agenda: RECESS FOR PUBLIC HEARING Paluzzi: Motion to recess for Public Hearing. NOTICE OF INTENT: .a- CONTINUATION/218 HART STREET/WELLES Paluzzi: Motion to continue to the next hearing, seconded by Benevento,Lang,Grimes, Johnson, Mazuy. Motion carries. b. CONTINUATION/4 PILGRIM HEIGHTS/DESIDERIO TRUST Chairman Lang states that the Board went out on Saturday for a site visit. Chairman asks for questions from the members. Lang discusses the trees in the buffer zone and states that there are no plans to cut any trees. Grimes states that she has some concerns with the hay bales, and it is recommended that they move them from the legde to an area uphill. They do not want any soil stockpiled on the site; if need be they shall place soil to the front of the lot. Paluzzi: Motion to close the hearing, seconded by Johnson, Lang, Benevento, Grimes. Abstention by Mazuy. Motion carries by 5-0 vote. c. NEW: NOTICE OF INTENT/17 COLE STREET/THOMPSON Julia Perrino, Hancock Environmental, representing the applicant states that this is an application for a single family home which is bordering a wetland. She states that in 1974 a Notice was filed and since then no additional fill has been added; that the lot has little vegetation.There is a forced main which page two will be constructed to a manhole. She states that a DEP file number has been nailed to a tree. She states that there was an old DEP file number which was from 1974 and that there has been nothing since then. Chairman Lang questions if there is any ledge to which Perrino states she does not believe there is, that there is none in the surrounding area, therefore will not be any blasting. Lang questions where the fill will be going; that this should be extra material, to which Perrino responds there is not much grading and that it should be leveled out or moved out. Chairman states that in the Order of Conditions, this could be a condition stating that it be moved off-site. Paluzzi states that he is concerned with an elevation of 94 and a cellar having an elevation of 95, so that water could be getting into the cellar area. Perrino responds that she does not have information, but feels that water will not be a problem. Paluzzi questions the depth of the grinder, to which Perrino states that she will have to check this out with her engineering department. Paluzzi questions the depth of the sewer, to which Perrino states she does not have the answer and will have to get the information. Benevento questions if Art Thompson filed in 1974 and was a Certificate of Compliance filed at that time. He states that he would like this in writing. Perrino states that she will get a letter to the Board the next day. Chairman Lang asks if there are any questions fromthe Board or the audience. Mazuy: Motion to close the hearing, seconded by Benevento, Lang, Grimes, Johnson, Paluzzi. Motion carries by 6-0 vote. 4. ORDER OF CONDITIONS: a. 4 PILGRIM ~TEIGHTS/DESIDERIO TRUST The Board sets forth the following conditions: 1) That there be 100 ft. of vegetation from the high water, except a small area where the driveway comes up: 2) Material shall be stockpiled on the front portion of the lot prior to removal; 3) Hay bales placed as shown on the plan; 4) Map is the revised topographical plan revised 2/22/99. Paluzzi: Motion to approve the Order of Conditions, by Grimes, Lang, Johnson, Mazuy, Benevent. carries by a 6-0 vote. seconded Motion page three b. 17 COLE STREET/THOMPSON The Board sets forth the following conditions and the standards: 1) Before starting work, the applicant shall obtain a Certificate of Compliance on theprevious filing, #5-12; 2) No construction will be commenced until there is a cross section of the sewer line and the grinder; 3) No regrading of the existing fill until it is approved by the Conservation Commission; 4) Prior to cutting of any trees, they shall consult with the Conservation agent. Mazuy: Motion to approve the Order of Conditions, seconded by Paluzzi. All members in favor. Carries by 6-0 vote. 5. Busxm ss a. JERRY PARISELLA, ASST. CITY SOLICITOR/MORSE UPDATE Jerry Parisella, Assistant City Solicitor suggests this be heard in Executive Session at the end of the meeting. Mazuy: Motion to discuss this matter in Executive Session, seconded by Paluzzi. All members in favor. Carries by 6-0 vote. b. SALEM BEVERLY WATER BOARD Chairman Lang states that this matter is before the Commission this evening regarding a letter sent to the Salem Beverly Water Board from the Commission that was followed by a letter from the SBWB to the Solicitor requesting clarification of certain issues. He states that the Commission has a letter from the Solicitor to the Water Board and that the Commission has to decide what action to take. He states that the issue before them is what testing would be appropriate because of the wetlands. He states that photos were taken in late fall;that the Commission inspected and there is some evidence that the sludge from the SBWB has had an impact on the wetlands. He states that the Board asked for testing on the metals and that they were not specific on the testing. He states that the Board needs to be more specific in regards to metals. The letter which was sent asked for testing of iron, manganese,lead,nickel,mercury,chromium, cadmium, copper and also aluminum and also the frequency of sample taking. He states that the Commission had asked for testing to be done in the spring or summer. Lang states that it is important that the issue dealing with what the sludge has done to the adjacent wetlands be discussed at this meeting. He states that a Beverly citizen requested release of a letter from the Water Board to the City Solicitor. Lang has spoken to the Solicitor and it was his feeling that the matter should be handled in a confidential manner. Mazuy states that he was not present at the meeting, but was page four at the site and saw the sludge heaps and states that unless the base is filled with clay, they suggest that this s not leaching out and states that he does not believe that.He states that he has read in some reports that this has been going on for many years and understands that the deposit of sludge near the water supply is an old practice. Mazuy also states that he is amazed that the Water Board is not subject to the regulations in the statute regarding its water courses and water supply and finds it appalling. He states he does not agree with this. Lang states that he feels that the letter they wrote asked for clarification. Benevento states that the Water Board has been in existence for several years and that they are expected to produce safe water for drinking. He feels that they are under stringent regulations for producing safe water for drinking. He states he is not comfortable with taking on any liability in saying what the water supply needs. He states that they should be doing this themselves; that they should be within the guidelines. He states that there are 145 tests that they do to make sure that the water is safe. He questions if in asking them to sample for eight metals, are they party if there are more metals. Lang states that he is not sure, however this is a wetland issue and not a question of whether the water is safe; the intent is to look at the area. Grimes states that she does not feel they are exempt from the wetland regulations. She is concerned about a large buildup of sludge that has solidified, getting into the wetland. She feels that they should be required to comply with the wetland regulations. She states that the Water Board agreed to test and an agreement was reached to put a barier there and she does not recall what type of barrier it was. She states that the sludge has not been classified. Mazuy asks Lang if the letter from the Commission reflected what was voted on at the last meeting. He asks further with regard to the deposit of sludge - why not bring this to the dump. Lang states that the letter that went to the Water Board stated that the Con Com voted the last time. He states that it was his understanding there was an agreement on the testing that was to be done, and that the letter from the Commission did go out. He states that was what they informally agreed to, but a vote was not recorded in the Minutes. Benevento states that the Minutes were fairly accurate at what happened and there was no vote. It was left up to Chairman Lang to meet with Mr.Knowlton. Lang states there is one area of concern which is the discharge pipe going into the area. Mazuy questions as to whether they should have testing done in that area immediately, to which Lang responds that they should vote and be specific as possible if they want samples taken; that he would like it in the area of the discharge pipe. He would like to include a few other page five metals that would be present. He states that aluminum should be included as one of the metals. Benevento states the importance of accuracy by the Commission and also that they should clarify the reason; that they identify exactly what they are testing for and where and what to do with the results of the testing. Lang suggests that they may want a small subcommittee formed to work with the Water Board; that perhaps 2-3 people could work with them. He states that they should be considering this evening the intent of the discussions of the last meeting. Benevento discusses the fact that Lang states that he would be meeting with Tom Knowlton, and if they should meet with him first and then come back to determine what testing should be done. Lang states that he would recommend testing because he is uncomfortable with what was listed and the need to determine what metals are actually going into the wetlands and then determine if there are any problems. Paluzzi states that the Commission should clarify at this meeting and then take a vote on what should be tested. Grimes states that testing should be conducted in the area which was discolored during the summer as soon as the soil level was low enough. The Commission has some discussion as to RCRA 8 which includes those parameters as well as the water if the 8 does not include iron and manganese;that they be included. Grimes: Motion to conduct the following testing procedures: 1) That they test the soil sediment in the area adjacent to the lagoon for RCRA 8, which should include all of the following: iron, manganese, nickel, lead, mercury, chromium, cadmium, copper and aluminum. 2) Tests shall be conducted as soon as possible after 3/21/99. A similar test to be done at a point during the summer months when the water level is reduced to the extent that the sediment can be tested in the location previously identified where was has discolored. 3) That the test be done by an independent agency employed by the Water Board, and the Commission be given a copy of the report. 4) Any requests for letters from the Commission be referred to the City Solicitor; seconded by Paluzzi. All members in favor. Motion carries by 6-0 vote. Mazuy: Motion to add to the above Motion: 1) That the Commission write a letter to the Water Board asking them to come up with an Engineers report for an appropriate berm be placed between the sludge and water resource area in or within the next two months. 2) That a conceptual plan be presented within 60 days; seconded by Johnson. All members in favor. Motion carried by a 6-0 vote. page six Chairman asks the Commission if they want to go to the Water Board on how to settle this problem for the long term, to which Benevento adds that they had asked for a vegetated berm which is part of the Notice of Intent, to which they thought that Knowlton was agreeable to placing the berm before coming in for a Notice of Intent. Lang questions if Knowlton should be asked to bring a plan if they do not find it adequate. Rene Mary comments to the Commission that there are photos which looked like reflections of sky according to Knowlton. She asks if any of this can be tied to the discussion. Lang states that it looks like an old photo and that the Board has only to deal with the issues that are present now. Rene Mary asks if she can look at the document to which Lang states that she will have to ask the City Solicitor and that she has a right to question and receive information. At this time, the Chairman declares the hearing closed. 6. a. EXTMNSION REQUEST/DEP FILE ~5-533/HANNAH SCHOOL ORDER OF CONDITIONS Present was Peter Seamans, City of Beverly and Richard Maivile of Geller Associates and Mr. Guerriere representing the applicant Hannah School. Mr. Corning states that the Order of Conditions will run out on 7/2/99. The school is scheduled to open a year from this September. They are requesting an extension for at least through the end of the construction period to October 2000; that the plans have changed slightly. He presents plans as were submitted in 1996, showing the school proposed addition and parking scheme. They have reorganized the plan slightly, showing a parent dropoff area which reduces the parking area. He also shows a hard surface area in the back for a play area; shows fire access around the perimeter of the building. He indicates that there is a blue area on the plan which represents a wetland area; dark blue is the 100 ft. buffer area. He states that the bridge is now out of the plan. He states that they cut into the hill for a hard surface play area. He states that there is less pavement in the back than what is there at present; that grading would be done to cut a corner into the hill. He states that the entire vehicular area is not changed. He states that there are two catch basins in the parking area that will not change and that they are putting pipes and drainage swales 13 ft. away. They will be decreasing the amount of paving and that the area of the basketball court will have no blasting. Mazuy questions run-off from that area to which the engineer responds that the side drains towards the front, that they are adding a little more to the discharge point because there is not as much paving. Lang questions if this hard surface play area is sufficient to which Mr. Corning responds that they have enough, but that page seven this would be discussed some other time. Mr. Corning is to be granted a 11/2 year extension of their Order of Conditions. asking Lang asks if there are any further questions from the Commission or the audience. Benevento: Motion to grant the extension for a period of 18 months, seconded by Paluzzi. All members in favor. Motion carries by 6-0 vote. b. EXTENSION REQUEST/CENTERVILLE SCHOOL Mr. Corning informs the Board that this school will not be constructed for another two years and would like an extension of their Order of Conditions to July 2001. He states to the Commission that he will come back with the plans for construction. Benevento states that the first extension could be for a certain period of time, then they will have to come back before the Commission. Corning states that they will accept whatever extension the Commission is willing to grant. Lang asks if the playground area is in the back. Corning states that the Hannah School and the Cove school will be going out to bid in late March and after that they will look at the N.Beverly School. He states that they just want to make sure they have the extension. Mazuy: Motion to extend the Order of Conditions for three years until July 2002, seconded by Paluzzi. All members in favor. Motion carries 6-0. 7. APPROVAL OF MINUTES - JANUARY 12, 1999 Paluzzi:. Motion to accept the Minutes of January 12, 1999. seconded by Mazuy. All members in favor. Motion carries by 6-0 vote. 8. ADJOURNMENT Meeting was adjourned at 8:15 p.m. At this time the Commission goes into Executive Session.