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1999-01-12City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommitee: Date: January 12, 1999 Place: Beverly Public Library, 21 Essex Street Board Members Pr--=,ent:. David Lang, Jay Donnelly, Patrieia Grimes, Dr. Mayo Johnson, Jon Mazuy, and Anthony PalnzTj Board Members Absent: Richard Benevento Others Present:. Debbie Hurlburr, Assistant Director of Planning, and Frank Killilea, Jr., Director of EngineerLng Recorder: Tape (Transcribed by Carol A. Pearce) Chairman Lang called the meeting to order at 7:00 P.M. Reouest for Determination of ADolicabilitv: Cummings Commerce Park- Undergrowth pnming/Ct~mmings Center Bruce eveson states this proposal was continued from the Last hearing because there are tw~ major requests before proceeding with thi~ one being consulting with an environmental consultant about whether or nut to leave the cot vegetation as dropped on site or to haul it out. He states he does nut yet have a letter from the consultant, but in a conversation with John Dick of Hancock Engineering, three points were brought up, two of which were already discussed with the third being the issue of nutrient depletion. One issue already discussed is that of creating a new habitat without destroying the existing habitat, and the other issue discussed is erosion control The recommendation was that the vegetation remain at the location cut. The second pan of that was the quantitative portion and diseassion of how many saplings were being removed and he said it's very difficult to identify an exact percentage. Two areas being cut are almost all saplings, one being just nonh ofthe dam The healthiest one or two dozen would remain and we would x~move the rest. Another point was discussed with Commissioner Pelon zi about safety and accessibffity. He states there is an open discussion going on between them, and he does not have a definitive answer at this time. Chairman Lang asks if it would be acceptable if there was a condition that addressed sediment, to which Mr. eveson responds that there is a brush catcher in the spillway in the upper end that catches everything going into the upper pond, and he states that they talked about going in and cleaning it out. Chairman Lang asks further about brush that Conservation Commission Meeting Minutes 1/12/99 Page 2. if it had akeady fallen into the pond, it would be left there and he does not want to see people going in and dragging the pond. Ms. Grimes asks when a written report might be available concerning the best way to proceed with this, in which Mr. Oreson replies that it would probably be available by the end of the weelc Chairman Lang asks for additional questions from the Boar& There being none, he asks if anyone from the public would like to comment on thi~ proposal Joan Murphy of 36 LonEmeadow Road a.~kg about the necessity for this undertaking. Mr. Oreson states this project is needed because, in the ~nmmer months especially, it is difficult to see the pond due to overgrowth. Miss Murphy indicates that when the project is completed, it' s possible that no one would even want to walk around the pond because there would be no greenery, and states is it a fairly steep slope. She states the brush a~tually helps keep the soil from f~lling into the pond. She adds further that the trees and b~.~h give shade for fish in the pond and feels that with the trees gone, people would be able to see the parking garage and other large buildings, and feels more consideration should be given before proceeding. Chairman Lang states the hrger trees would remain, and thi~ project only covers the smaller growth. In response to a question from Renee Mary of 274 Hale Street, Mr. Oreson states that taking out the undergrowth resolves a potential safety issue by keeping the pathways clear and open. He further indicates that the project would encompass all the forest area around the pond. Chah s..an Lang states that on the Request for Determination, the work described on the plans will remve excessive undergrowth. A motion was made by Jon Mazuy to approve the proposal with the conditions that: 1. no trees larger than three inches in diameter be removed, 2. it will be subject to the approval of Commissioner Pelonzi~ 3. that trees and bn~bes hanging over the pond be roped so that they are clear and pulled away from the pond and do not fall into the pond, and 4. subject to the letter from the environmental consultant coa~u...in~ that the practice is an appropriate one and suitable as requested, seconded by Mr. Pah.v~i. Mazuy, pah,z~i, Donnelly, Grimes and Johnson in favor, Lang abstained. Motion passes. Miss Grimes makes motion to recess for public hearings, seconded by Dr. Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes 1/12/99 Page 3 Public Hearings: Continuation of Publlc Hearing: 218 Hart Street -Restoration of Pond/Welles Ch~kman Ling states that the proponent is seeking an extension to the February 2, 1999 meeting. Ms. Hurlbun indicates a motion is needed on that end in addition there should be a site visit as the visit previously scheduled was cancelled due to weather conditions. ARer discussion, a site visit was set for January 23, 1999 at 9:00 AM, with January 30, 1999 chosen as an aiternatc date if weather is inclement.. A motion is made by Tony Pah~z-~i to continue thc public hearing to February 2, 1999, seconded by Jon Mazuy. All members in favor. Motion carries. Continuation of Public Hearing: L. P. Henderson Road/Mini-storagedT. Ford Co. Chairrosa Lang excuses himself fxom this discussion. Ms. Hurlbun sta~es that Mr. Ford is going to explain the need for another extension. Mr. Ford indicates the delay is due to the fact that all of the questions at the last meeting were centered around the granting of phase Two. I~ expectation is that it will take another three months for the report to be finished, and at that point he would be able to discuss thi.~ He states he would be glad to continue the matter unffi that time end start again. A motion is made by Jon Mazuy to continue to the end of April, seconded by Dr. Johnson. All members in favor. Motion carries. Ms. Huffnun states this Public Hearing will be continued until the end of Aprik 1999. Renee Mary asks how the public is supposed to remember everything that was said such a long time ago, and MR Hurlbun replies that Mr. Ford has indicated that when he comes back, he 'H make a presentation anew. New Public Heating: 44 Prince Street/Septic Installation/Burr Dan Marchand, a representative for 44 Prince Street states that Mr. Burr' s house is at 44 Prince Street and that there is a carriage house next to it, each of which has a failing cesspool Both the main house and the carriage house will have their own tanks, but the problem is that for the pump chamber for the carriage house, a 2S-foot variance will be needed forthe buffer zone. It would be a forced system which runs uphill and down the other side of the property. He states that all precautionary measure would be taken during the project. After discussion and review of plans by Board members, a motion was made by Tony Pal, z-/to continue the matter uaffi February 2, 1999, seconded by Ms. Grimes All members in favor. Motion carries. Conservation Commission Meeting Minutes - 1/12/99 Page 4. Discussion with Attorney Michael Faherty re: Maegranv~ Appeal Chairman Lang gates the next order of business is discussion with Attorney Michael Faherty regarding the Maegrnnzi appeal Attorney Faherty gates that they came up with a proposal which is slightly altered from the previous proposal He presents plans and indicates that the Maegranzis' have no present plans to do anything with the wet area. They were wondering if there could be discussion whereby they were to fill the Ilpp~;imog pan of the finger and have a 25-foot buffer where there would be no disturbance, and around the pond there would be a 50- foot buffer around the vernal pool and that would be a no-build area. He further indicates that other areas would be buffer zones, but any proposed work in those areas would have to meet performance standards, which prohibit activities that disturb the wetlanck Attorney Fahety gates the positive side of the project is that it would respect any future plans toward these areas, and indicates he CannOt see any negative side to the project. He cannot see any viohtion of reguhtinns and feels it is a good cempromige. He indicates that there are other areas which don't rehte to the Conservation Commission, btn rather deal with issues of zoning. Chal, i,i~n Lang asks how the 25 and 50 foot buffer zones were arrived at, and Attorney Faherty responds they were trying to give more respect to the vernal pool and the fa~t that they're dealing with a much more fiat topography. Chairmnn Lang asks for questions from the Board. M~ Grimes remarks that at the hg meeting Mr. Maegranzi was asked to respond to a report by the Gulf of Maine regarding issues brought up in that report, and she really doesu 't see an adequate answer to that. She states she would like to see the points that were in Gulf o f Maine' s report answered with regard to how they are going to respond to those regulations and comply with that report. Mr. Mulligan gates they are not proposing to fall it as shown in the original plan, and that they are jug showing a section around it. Attorney Faherty adds that for any development which is done in the future, they would have to come back and have the ab'~ity to do additional mitigation with regard to the water qu3lity considerations. With regard to a question of establishing shade in the vernal pool to restore the habitat to what it was before the trees were cut, Mr. Mulligan responds the issue was addressed in the report. Attorney Faherty says one issue raised by the DEP was breaking ofbmuches during ice gorm~ recovery of vegetation inside the pond, and habitat and the like, but thlnkg since the site hasn't bee~ touched that there is considerable vegetation in the area, Conservation Commission Meeting Minutes - 1/12/99 Page 5. and states they could spend a mountain of time on whether or not the vernal pool needs a canopy. Chairman Lane wants to know if the Gulf of Maine takes the position that a canopy should be established, and Mr. Mulligan replies that i~ is difficult to reestablish a canopy unless you replant trees of decent size. He further states that the soil is shallow and bedrock is close to the surface showing it's hard to establish new trees in the area, although the existing trees which have resprouted are doing very well. Chairman Lang wants to know if the best thing to do would be to leave it alone, and Mr. Mulllean says it seems that through most of the site there is regrowth. He says there could be a few places where planting saplings might be appropriate but feels most of it seems to be acceptable. Chairman Lang asks what Mr. Mulligan recommends with regard to this plan, and Mr. Mulllean replies he has been involved in projects where you would protect a resource area beyond what it should be protected, so he feeis that what is being proposed is reasonable. He fi~els this is a way to get the project moving and in his opinion is not unreasonable. ARer discussion, the Board questions whether it would be helpful to have it staked out prior to the Board's visit to the site so that at the visit it would make more sense. Miss Grimes states she has not betm to the site for a long time and that when she was there it was just bare, and she would like to take a look at it. Chaixman Lane asks if marking the areas could be accomplished, and Mr. Faherty says it could be marked off but states if an agreement is reached, there could be some permanent markers installed, especially showing the wetlands. Ms. Grimes questions if the vegetation there now is natural, and is told by Mr. Mulligan that all the trees there have been resprouted, brambles, blueberries, and the like. Old/New Business Beverly/Salem Water Supply Board Mr. pah~7~i states there is a massive pile of stumps on the edge of the water where there are probably fifty percent of the trees cot down on the side of the pond. Ms. Grimes states she was there and noted a large mound of din. Mr. Lane spoke to Mr. Knowlton and asked him to attend toniZht's meeting but he is not here. He states Mr. Knowtton told him the area has been that way since 1978,and they have been handling their sludge in that area for 20 years. He says the water comes fxom the Ipswich River and needs to be Conservation Commission Meeting Minutes- 1/12/99 Page 6. treated. Chairman Lang states that aluminum hydroxide is toxic to fi~h He feels the owner should be ordered to put up hay bales and silt fences to keep any erosion from getting into the wetlands. Chairman Lang further gates that when Mr. Knowhon told him that the sludge pits were utilized since 1978, he quizTed him on it, and Mr. Knowiton said that the BeverbJ-Salem Water Board rebuilds it every year and I told him it was a viohtion of the Wetlands Protection Act, and Mr. Knowkon said they've been doing it for a long time. Chah'd~ ,~n Lang suggested sending him a letter telling him to put to hay bales so that there is no erosion of the material that is in these lagoons, or the earth that is making the lagoons. He feels maybe one or two Commission members should go meet with him there, posm'bly on the 23~ and get it resolved. A motion was made by Jon M~a~y should put up a silt fence between the stream and the lagoons, seconded by Tony Pab~v-A~ All members in favor. Motion carries Returning to an earlier topic, the Board requests Dr. Mulligen to give us a short letter of his analysis or conch~ion of what the Commission should do, and advise of the appropriate steps to be taken with regard to the plan which looks like an avenue to resolve tl~is issue. Ms. Hurlbutt distributes mail received since the last meeting. A motion was made by Jon Mazuy to adjourn, seconded by Pat Grimes. All members in favor. Motion carries. Meeting adjourned at 8:45 P.M.