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1998-01-13BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 13, 1998 A regular meeting of the Beverly Conservation Commission was held on Tuesday, January 13, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those present were: Chairman David Lang, Vice-Chairman Anthony Paluzzi, Jay Donnelly, Jon Mazuy, Pat Grimes and Dr. Mayo Johnson. Also present was Assistant Planning Director Debbie Hurlburt. Meeting was called to order by Chairman Lang at 7:00 p.m. Reouest for Determination of Applicabilities: Continued: Hale Street (Mullen/Loeb Estate) / delineation determination / Toll Brothers Chairman Lang updates the members and states that a site walk was conducted on Saturday, January 10, with the Commission' s consultant John Dick, Jon Mazuy, Libby Wallace from Hayes Engineering and himself. Mr. Lang stated that on the site walk some additional soil samples were taken and it was concluded that additional information was needed. Chairman Lang states that the applicant is seeking an extension due to the need to provide the Commission with more information. Mr. Lane reads letter of request. A motion was made by John Mazuy to continue the discussion on this matter to the Commission's next meeting, February 3, 1998, seconded by Tony Paluzzi. All members in favor. Motion carries. Members discussed the need to conduct another site visit. Members settled on January 24, 1998 or the following week in case of inclement weather. Continued: Brimbal Avenue/Essex Street (landfill) / delineation determination / City of Beverly Debbie Hurlburt updates the members on the issue of hiring a consultant. Ms. Hurlburt states that the members had appropriated $2,000 and she had solicited quotes from three companies, and the low bidder was Mary Rimmer from Rimmer Environmental Consulting. Ms. Hurlburt added that Ms. Rimmer will be conducting her review and submitting her report for the February 3, 1998 meeting. Ms. Hurlburt reads a letter from City Engineer Frank Killilea seeking an extension to the February 3 meeting (letter on file). A motion was made by Jon Mazuy to continue the discussion on this matter to the Commission' s February 3, 1998 meeting, seconded by Pat Grimes. All members in favor. Motion carries. Public Hearing Continuation of Public Hearinff: LP Henderson Road / consinaction of mini storaffe facilitWFord Debbie Hurlburt updates that Commission and states that a copy of the sampling report that was for the clean up of the site was given to her and she gave it to the Commission. Ms. Hurlburt states that the applicant, Tom Ford would like an extension to the February 24, 1998 meeting so that he can have time to review the report and find out what direction he wants to take in this development. Ms. Hurlburt reads a letter from Attorney Thomas Alexander seeking an extension of this Hearing (letter on fie). A motion was made by Jon Mazuy to continue the Public Hearing to February 24, 1998, seconded by Dr. Johnson. All members in favor. Motion carries. Continuation of Public Hearing: 940-942 Hale Street / Blomberg Debbie HurlbuR updates the Commission and states that the applicant is requesting an extension of the Public Heating. Ms. HurlbuR states that the reason that an extension is requested is that clarification regarding the ownership of the sewer line needs to be ascertained. Ms. HurlbuR states that a letter requesting an extension has been submitted to the Commission from Bill Manuell from Hancock Environmental. Ms. Hurlburt reads letter (letter on file). A motion was made by Jon Mazuy to continue the Public Hearing to February 3, 1998, seconded by Jay Donnelly. All members in favor. Motion carries. Continuation of Public Hearing: 20 Foster's Point / McNeil David Lung updates the Commission and states that a site wall was conducted. Mr. Lung asks members if they have any questions. There were none. Chairman Lung asks if anyone in attendance would like to speak on this issue. There was none. 2 A motion was made by Jon Mazuy to close the Public Hearing, seconded by Tony Paluzzi. All members in favor. Motion carries. Continuation of Public Hearing: 6 Shomneadow Road / Paulette John Dick of Hancock Environmental addressed the Commission and updates the members on the site visit. Mr. Dick states that there are two major issues; the first is that run off from the main street flows here and there is a discharge from street run off that flows along the swale of Mr. Paulettes' property and crosses the lot. Mr. Dick recommends that a 12" relief pipe be installed. Mr. Dick states that another issue is that there is a tight spot where the roadway comes ve~J close to the wetland. Mr. Dick suggests that the applicant put in boulders 3' in dinmeter at 12' apart to form a physical barrier. Mr. Dick reiterates that this roadway is going to be a 12' wide driveway for a seasonal access/egress only, not a day to day driveway. Jon Mazuy comments that the stream down the street rims into wetlands at the location of the driveway, which is a continuous body of water, and how can Mr. Dick say that the wetland doesn't come into the driveway. Mr. Dick responds that upstream of the wetland is an overflow intermit-tent stream, not a regulated watercourse. Mr. Dick states that this is not a wetland issue but an engineering issue. Mr. Dick would recommend a pipe because it is easier to maintain, and that we want to avoid a structure and he wants to direct the flow into the wetland. Mr. Dick adds that he wants to be a good neighbor, so they have come up with installing a 12" pipe. Jon Mazuy asks how far away from the driveway and the 12" pipe does the wetland begin. Mr. Dick responds 15' near the red maple. Jon Mazuy states that there is a waterbody there. Mr. Dick states that it seems like groundwater. David Lang states that there is an overland flow into the fragmites and if you install a 6" porous gravel wall, wouldn't that be a nuisance. John Dick states that the driveway is at grade, and if the water needs to continue to flow over the driveway, it can if needed. John Dick states that they will excavate and loam and replace with gravel and he is not sure at what depth the excavation will take place. David Lung states that there should be a cross section of the gravel drive, 8' wide. Chairman Lung asks if there is anyone in attendance that would like to speak on this issue. 3 Joan Murphy of 36 Longmeadow Road discusses the storage of machinery and wonders if any mitigating measures for oil drippings have been discussed and how to keep them away from the wetland. John Dick states that there will be no machinery stored on the property. Chairman Lang ash if anyone else would like to speak on this issue. There was none. A motion was made by Jon Mazuy to close the public hearing, seconded by Pat Grimes. All members in favor. Motion carries. Discussion: Trustees of Reservations - Sara Cole Sara Cole from the Trustees of Reservations introduces herself to the Commission. Ms. Cole states that the reason that she is before the Commission is to submit the Trustees' proposal for upgmding the J.C. Phillips Estate. Ms. Cole states that this is an 85 acre parcel off the Cabot Street, managed by the Commission. Ms. Cole states that this was taken by eminent domain in 1987 due in part to the need to protect the watershed area of Wenham Lake. Ms. Cole states that this site is part of the Frederick Olinstead site which is historically significant in its landscape design. This site is part of the 176 acre parcel of the Moraine Farm. Ms. Cole shows pictures of the site and the degradation of the site. Ms. Cole indicates that the Trustees would like to help preserve the site, and they would not be involved in the maintenance aspect. Ms. Cole highlights the Trustees' proposal as numerous sections. The first is to design the cnUance way sign and Wail signs. The second is to post rules and regulations that are submitted to the Commission in which formal approval would be required. The third is to improve the entrance by pruning, etc. to clean up the entrance way. The fourth is to change the name from J.C. Phillips Nature Preserve to PhiHips Nature Preserve. Ms. Cole states that they would want the City not to hold them responsible for any liability. David Lang asks how this proposal came about. Ms. Cole states that the money was donated by the Cabot Family Trust for the Phillips Nature Preserve. David Lang asks after the initial work is completed who will be responsible to continue the maintenance. Ms. Cole responds that is would come back to the Conservation Commission. Ms. Cole adds that she would like to propose that the City come up with a group such as the friends of the Phillips Natore Preserve to assist in the maintenance of the site. 4 Debbie Hurlburt states that she will contact City Solicitor Marshall Handly to ensure that there is nothing else that needs to be done to legally change the name. Order of Conditions 20 Foster's Point 1. Standard Coastal Conditions. 2. No work shall cornmence until all local, state and federal permits have been obtained. 3. All construction works shall be done off the barge, ie. cutting material, etc. 4. All cutting rnaterial in river shall be captured. A motion was made by Jon Mazuy to issue the aforementioned conditions for the project at 20 Foster's Point, seconded by Tony Paluzzi. All members in favor. Motion carries. 6 Shoihneadow Road 1. Standard Commission conditions. 2. Width of the driveway not to exceed 10' and to include the 3' diameter rocks at 6' intervals. 3. Road to be gated at paxtdng lot end. 4. Removal of topsoil shall not exceed 6" of bank gravel. 5. Stone will not exceed the existing grade. 6. Cross section of the road shall be submitted to the Commission. 7. No construction equipment or earth moving equipment that could leak gas or oil shall be stored on site. A motion was made by Dr. Johnson to issue the aforementioned conditions for the project at 6 Shortmeadow Road, seconded by Tony Paluzzi. Members in favor, Johnson, Paluzzi and Donnelly; Lang, Grimes and Mazuy opposed. The vote is 3-3, the motion fails. Certificate of CornDliance 323 Dodge Street Debbie Hurlburt states that she has received a request from Mr. Ted Johnson for a certificate of compliance. Ms. Hurlbun states that she has received a letter and as-built plans from a Civil Engineering stating that the work has been done in accordance to the Order of Conditions. A motion was made by Tony Pauzzi to grant the certificate of compliance based on a site inspection by David Lang or Debbie Hurlburt, seconded by Jon Mazuy. All members in favor. motion carries. 10-12 Congress Street Debbie Hurlburt states that she has received a request from Morton International for certificates of compliance for 10-12 Congress Street. Ms. Hurlbun states that there are three certificates being sought; Order of Conditions for 5-419, 5-488, and 5-589. Ms. Hurlbun states that the request is from an engineer. A motion was made by Tony Paluzzi to approve all three requests for certificates of compliance, seconded by Pat Grimes. All members in favor. Motion carries. Minutes A motion was made by Jon Mazuy to approve the minutes of December 16, 1997, seconded by Dr. Johnson. All members in favor. Motion carries. Old/New Business Chairman Lang states that he feels that it is time to take another look at trying to get a wetlands by-law instituted in the City. Debbie Hurlburr will try to gather area by-laws for the Commission to look at. Adiournment A motion was made by Jon Mazuy to adjourn, seconded by Dr. Johnson. All members in favor. Motion carries. 6