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1998-02-03BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING FEBRUARY 3, 1998 A regular meeting of the Beverly Conservation Commission was held on February 3, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Dr. Mayo Johnson, Jon Mazuy and Patricia Grimes. Also present was Assistant Planning Director Debbie Hurtburt, Director of Engineering Frank Killilea, Jr. and Susan Akerman, Secretary to the Commission. Meeting called to order by Chairman Lang at 7:00 p.m. Request for Determination of Applicabilities: Continuation: Hale Street (Mullen/Loeb Estate) delineation determination/James Mullen Debbie Hurlburt read a letter from Elizabeth Wallace of Hayes Engineering requesting an extension of time. (On File). A motion was made by Tony Paluzzi to continue the hearing for the Mullen/Loeb Estate at Hale Street to the Commission's next meeting scheduled for February 24, 1998, seconded by Pat Grimes and approved unanimously. Continuation: Brimbal Ave., Essex St. (Landfill)/delineation determination/City of Beverly Debbie Hurlburt updated the members with respect to the delineation of Brimbal Avenue landfill. Mary Rimmer from Rimmer Environmental reviewed the delineation report and stated that there are only a few changes with respect to the location of the delineation of wetlands. Ms. Rimmer explained that the difference between the two delineations is due to the fact that the first delineation was under Army Corps. guidelines. Ms. Rimmer stated that the areas of discrepancy have been flagged, and noted that there is a continuous wetland area behind the Blueberry Hill Nursing Home, but that it is far enough away from the proposed grading that it won't make a difference whether its on the plan. Ms. Rimmer also noted that there are wetlands along both sides of the access road and raised the fact that the road may need to be widen. Lang asked if any of the new areas would be impacted by the closure of the landfill. Ms. Rimmer stated probably not, that the changes are irrelevant. Frank Killilea, Jr., Director of Engineering addressed the Commission and stated that Malcolm & Pirnie have modified the map in their Wetland Delineation Report to incorporate Mary Rimmer's comments, and that they have also added FEMA designation for this area. Killilea added that the report was originally dated 10/97, but that it is now dated 2/98. Mr. Killilea explained that Malcolm & Pirnie used the federal designation/procedure because there is no ordinance stating that state regulations have to be used, and that the new delineation map will be submitted to the Army Corps. for their information as well. Jon Mazuy asked why the Conservation Commission was not notified that Malcolm & Pirnie's delineation was based on federal FEMAmaps. Ms. Rimmer explained that state and federal FEMA maps are very similar, but with some differences, and that documentation data forms are not required for submittal. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to issue a positive Request for Determination of Applicabilities #1, based upon the condition that the information in Mary Rimmer's report/map is all placed on the Malcolm & Pirnie map for clarification purposes, seconded by Tony Paluzzi and approved unanimously. New: 320 Essex street/sewer connection/Janet Appleton Bill McGrath addressed the Commission on behalf of Janet Appleton and explained a proposal to connect Ms. Appleton's sewer to the existing City sewer system. Mr. McGrath noted that presently Ms. Appleton sewer system is a cess pool. Tony Paluzzi asked how they would take care of the cess pool. Mr. McGrath explained that they will pump out the cess pool, per Title 5, and fill it in with sand. Tony Paluzzi asked what is going to be done about the leaching field. Mr. McGrath explained that there isn't one. Chairman Lang asked if haybales were going to be put up. Mr. McGrath stated that they would do whatever the Conservation Commission required/requested. Chairman Lang explained that the Commission requires that haybales and silt fencing be placed. Tony Paluzzi asked how long the process would take. Mr. McGrath stated one and a half days. 2 Commission would need to set some boundaries regarding wetlands and/or any other right of ways. Debbie Hurlburt explained to Mr. Newbegin that the City of Beverly doesn't have wetland maps, and stated that she could walk it with them, but that it will be difficult, and providing the Board with the information of where Mass Highway does say these areas are would be helpful. Mr. Newbegin stated that he had some information that he could supply tonight that have wetland markings and some infrared shots of wetlands that are a little more current. Mr. Newbegin stated that he would like to have this matter continued so that he can have a supervisor on hand if the Commission does not want to issue a Negative Determination of Applicability #3 tonight. Chairman Lang explained that the Commission will have to know where the areas are, the application procedures and what chemical/ pesticide is going to be used. Debbie Hurlburt suggested that a vegetation engineer could take the infrared shots and transpose them on paper for an accurate area. Mr. Newbegin stated that they will loan the infrared shots to the Commission. Tony Paluzzi asked if there will be a 10' buffer zone. Mr. Newbegin explained that they go by the footprint of the actual road. Chairman Lang questioned if they would be spraying 10' from the edge of the pavement or the right of way. Mr. Newbegin stated that they will be spraying 10' from the buffer zone of the wetlands. Chairman Lang asked if anyone from the public wished to speak. Rene Mary of 274 Hale Street addressed the Commission and explained that Mass Highway dug a big ditch, by the Kings Grant, to take care of the water flow, and asked if that area is going to be involved because the ditch on top of the hill connects with a brook. Mr. Newbegin stated that he was not qualified to answer that question. Mr. Newbegin further explained that there are many ordinances as part of the process (ie: can't apply if within a few hours of a rain storm; can't apply after a rain storm). There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the hearing until the Commission's next meeting scheduled for Tuesday, February 24, 1998, seconded by Tony Paluzzi and approve unanimously. 4 A motion was made by Tony Paluzzi to recess for the purpose of holding public hearings, seconded by Jon Mazuy and approved unanimously. Notice of Intents: Continuance: 940-942 Hale Street/construction of two homes/County Homes & Blomberq Debbie Hurlburt read a letter from Hancock Environmental requesting an indefinite continuance until they can see as to whether the homes can be hooked up with the City sewer system. New: 886 Hale Street/stairway, wall, fountain, qazebo, landscaping / Erikson Julie Preno of Hancock Environmental addressed the Commission on behalf of Mr. Erikson and explained a proposal to install a stairway, a balustrade wall, a water fountain, a gazebo and minor landscaping and grading. Ms. Preno explained that the landscaping and grading will be done within the buffer zone of an intermittent stream that is located on the property, but noted that it doesn't flow much at all, and that there is little vegetation associated with it. Ms. Preno stated that they are not looking to clear the vegetation. Ms. Preno explained that the applicant proposes to do this work with a small bobcat, and that there will be no fill, and that the cement for the stairs will be pumped over the house lot. Tony Paluzzi suggested that the Commission do a site visit to this property on Saturday, February 21, 1998 at 8:30 a.m. Chairman Lang asked if anyone from the public wished to speak. Anne Lewis of 903 Hale Street asked if the fountain will be self- contained or will water be added to it. Ms. Preno stated that it will be self-contained and that there will be no discharge of water. Joan Johnson of Hale Street asked how the large concrete base and the balustrade wall will be constructed. Ms. Preno explained that the cement base will be a continuance trench excavated into the ground, then the balustrade wall will be constructed on footings that will be level. John Murray of Ward 6 addressed the Commission and stated that an abutter, Kay Whittier, is concerned that the proposed work will increase the rate of water of the intermittent stream that emerges under her property. 5 There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the public hearing until the Commission's next meeting scheduled for February 24, 1998 pending a site visit scheduled for Saturday, February 21, 1998 at 8:30 a.m., seconded by Dr. Johnson and approved unanimously. New: Off Wentworth Drive (Thackery Way)/construction of 3 homes/ OHC Trust (KeiltV) Elizabeth Wallace of Hayes Engineering addressed the Commission and explained a proposal to construct a three-lot subdivision with two houses being in the buffer zone, as well as the driveway. Ms. Wallace stated that the associated activities for this project will include construction of the houses, the driveways, a roadway, grading, and construction of a storm water management swale. Ms. Wallace explained that the construction of the drainage system will lead into a spreader with deep sump catch basins, and that there will be erosion control along the perimeter of the site. Ms. Wallace stated that the bordering vegetated wetland is a typical red maple swamp. Pat Grimes stated that the only item listed on the storm water management form with respect to a drainage scheme are deep sump catch basins, and asked why are they the only form of storm water management being proposed, when deep pump catch basins aren't even listed as meeting minimum standards. Ms. Wallace explained that for design reasons we feel that deep sump catch basins are the best storm water management instrument for this project and noted that there will also be a storm water management swale. Pat Grimes asked what type of swale is being proposed. Ms. Wallace stated a rip rap swale. Pat Grimes asked if there will be a water quality swale. Ms. Wallace explained that there could be, but that she wasn't sure. Pat Grimes stated that she feels that there should also be other forms of storm water management for this project than just deep sump catch basins. Ms. Wallace explained that they worked with the contours and grading, and feel that deep sump catch basins are adequate as far as standards are required. Pat Grlmes questioned if any of the other forms of pretreatment listed would be practicable. Ms. Wallace stated that the project is unique and small, and that it would seem unreasonable and overkill to add additional forms of storm water management, and stated that she could get a more detailed answer if preferred. Pat Grimes stated that she would. 6 Tony Paluzzi asked where the 6" drainage pipe located behind Lot #2 drained. Ms. Wallace explained that that is a drain for neighboring property that the abutter installed and noted that they will be improving on his system. Tony Paluzzi asked if the size of the swale will be able to take all the water from the roadways, the houses and from the next lot. Ms. Wallace stated yes, it will be adequate. Tony Paluzzi asked Ms. Wallace if she could submit some numbers with respect to the drainage capabilities for the proposed project and for the neighboring lot. Ms. Wallace responded yes. Chairman Lang asked how many deep sump catch basins are used in Beverly. Ms. Wallace stated that she was not sure, but could find out. Chairman Lang asked if deep sump catch basins are commonly used or if they are being used because this project is unique. Ms. Wallace stated that they are commonly use for drainage management in order to get best water quality. Chairman Lang asked if there are any cross sections. Ms. Wallace stated yes and reviewed the cross sections. Chairman Lang stated that he is concerned with the use of deep sump catch basins because nobody cleans them out. Ms. Wallace explained that the development will be partially responsible, contingent upon the fact that the City assume some type of responsibility as well. Jon Mazuy asked how far away is the reservoir from the development. Ms. Wallace stated two miles. Chairman Lang asked if anyone from the public wished to speak. John Murray of Ward 6 stated that it seems that it would be appropriate to have a site visit with respect to buildable lots. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the hearing until the Commission's next meeting scheduled for February 24, 1998, pending a site visit scheduled for Saturday, February 21, 1998 at 9:00 a.m., seconded by Jon Mazuy and approved unanimously. Certificate of Compliance a. Lots 1 and 2 Sunday Drive/house lots only/McNeif Debbie Hurlburt updates the members and noted that the as-built plans have been submitted and that the applicant is seeking a partial Certificate of Compliance for the houses only. 7 A motion was made by Tony Paluzzi to issue a partial Certificate of Compliance for house lots only at lots 1 and 2, Sunday Drive, seconded by Pat Grimes and approved unanimously. b. 2 Marqin Street/remove wharf/repair bulkhead/Bunk A motion was made by Tony Paluzzi to issue a Certificate of Compliance for 2 Margin Street, seconded by Jon Mazuy and approved 4-0. (Chairman Lang recused himself from this matter.) c. 108? Hale Street Debbie Hurlburt updated the members and stated that David Carnevale is looking for a release of rthis lot with respect to the replanting at this location. Hurlburt explained that she viewed photos of the planted plots, and that she explained to Mr. Carnevale that the Commission would like a one year guarantee. Debbie stated that Mr. Carnevale agreed. Tony Paluzzi asked if the Commission will have to go back in one year to look and see if the replanting have taken. Debbie Hurlburt stated yes and noted that the Colmnission will have to figure out a way to identify that date, such as alert the current owners of the guarantee. A motion was made by Tony Paluzzi to issue a Certificate of Compliance for 108 Hale Street, seconded by Jon Mazuy and approved unanimously. Old/New Business Chairman Lang stated that he is looking to begin in the process of instituting a wetland by-laws. Debbie Hurlburt stated that she is in the process of getting various by-laws from neighboring communities and she will circulate them as soon as she receives them and noted that they don't have to be difficult by-laws to look at, read, and distinguish and that the main benefits to the City to have our own by-laws are: (1) there will be a smaller fee when the Commission has to hire other parties for input; (2) it will make water quality more important that it is now; and (3) it will control'certain smaller areas not in our jurisdiction. Debbie Hurlburt further stated that the Commission seriously needs wetlands map of Beverly, and noted that it is very costly, but that the benefits are many. Chairman Lang stated that maybe the Commission should start by getting the infrared maps, piece them together and get the information that way. 8 Adjournment A motion was made by Tony Paluzzi to adjourn the meeting, seconded by Jon Mazuy and approved unanimously. Meeting was adjourned at 8:30 p.m.