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1998-11-10BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING NOVEMBER 10, 1998 A regular meeting of the Beverly Conservation Commission was held on November 10, 1998 at 7:00 P.M. at the Beverly Public Library, 32 Essex Street. Those present were: Vice-Chairman Tony Paluzzi, Pat Grimes, Dr. Johnson, and Richard Benevento. Also present was Assistant Planning Director Debbie Hurlburt, Director of Engineering Frank Killilea, Jr., and Carol Pearce, Secretary to the Board. Vice-Chairman Paluzzii chaired the meeting. Meeting called to order by Vice-Chairman Paluzzi at 7:00 P.M. Request for Determination of Applicability 11 Riverview Street - Deck Addition - Mr. Lewis Kausel Mr. Kausel provided Commission members with packets containing three-dimensional views of the project. The deck is rectangular shape and there is a walkway and two or three steps which is the only extension from the house. Debbie Hurlburt asked for an explanation of the distance to the resource area. Mr. Kausel stated that from the outermost portion of the deck it is about 57 to 60 feet to the high tide line. Mr. Benevento asked if it was all grass between the deck and the 57 feet and Mr. Kausel stated that there are two different types of grass. There is lawn grass about 18 to 20 feet from the back of the house, and then it slopes down. Mr. Benevento asked what is going to be done with the soil, and Mr. Kausel replied that it will be put back if possible. Mr. Benevento stated he is concerned that the soil will wash down into the resource area, and Mr. Kausel replied that the goal would be to put the fill at one side of his garage where it is needed to bring the grade up. There being no further questions or comments from the Commission, a motion was made by Richard Benevento to issue a negative determination on #3, with a condition that any spoils that are part of any excavation would be removed on a daily basis, seconded by Pat Grimes, and approved unanimously. A motion was made by Dr. Johnson to recess for the purpose of holding public hearings, seconded by Richard Benevento, and approved unanimously. Public Hearings: Notice of Intent Continuation of Public Hearing: Sam Fonzo Drive - Building Construction - Fonzo Realty Trust Christ P. Sparages, P.E. of Hayes Engineering Inc. addressed the Commission on behalf of Fonzo Realty Trust. He stated the proposed project is 56,250 square feat of manufacturing space and an additional 18,000 square feet which includes a parking lot area, a turn around area for trucks, as well as associated drainage areas. With regard to the buffer zone project, them are no known proposed wetlands to be filled in. Mr. Sparages stated that during a site visit with Commission members on November 7, 1998, the proponent identified proposed corners of the building and located some of the existing wetlands flags, Several problem areas were noted during the visit with regard to four-wheel drive trucks that come out of the property. Some problem areas are between flags A42 and A43. Wetland flags A29 and A.38 make it evident that work is going to be coming pretty close there. Mr. Sparages distributed to Commission members copies of some proposed changes to the original plan. These included pulling back slopes about 20 feet, and installing a stone retaining wall to provide more of a buffer area, providing level spreaders, and providing treatment for emergency runoff. Vice Chairman pal.,r~i asked the height of the proposed retaining wall and Mr. Sparages indicated the average height was ten feet, and it will be recessed and have a slope to it - one foot horizontal to four foot vertical. Vice Chairman Paluzzi asked about a walkway or roadway, and Mr. Sparages said the pathway is about ten feet wide. He proposed to put boulders across the pathway to stop vehicular traffic. Pat Grimes asked about landscaping and Mr. Sparages indicates this was addressed in the original plan but adds that in the area where the retaining wall stops, the intent was to keep the vegetation that was already there, and that in the other areas it will be seeded and easy to maintain. Vice Chairman Paluzzi asked about construction of the wall, and Mr. Sparages deferred to Mr. Kelleher who stated it would be constructed from the bottom up, from the high ground, placing toe stones and developing it up from the area that would be paved. Mr. Beneveuto asked if a limit of work has been established, and if not, what would that limit of work be? He stated a concem of the Commission and the DEP is that the limit of work can't be the wetlands line. Mr. Sparages states that a silt fence would be needed and that it would be backed up according to their general standards. Mr. Benevento questioned whether there would be any storage of hazardous materials relating to the manufacturing process itself; and Mr. Sparages indicated that such units associated with the manufacturing facility are all self-contained. Mr. Benevento questioned how the building would be heated. Mr. Kelleher said it will be heated with natural gas, and there will be no floor drains except in the bathrooms. There being no further questions or comments from the Commission, Vice Chairman Paluzzi asked for comments from the public. Renee Mary of 274 Hale Street wants to know if the Commission members that were not on the original site walk will do another site walk. Although Mr. Benevento indicated he has been there in the past, Ms. Mary urges all Commission members to do this. Mr. Sparages indicates that Ms. Mary is referring to the area of the retaining wall and that in this area it would be more steep, and indicates that they are proposing to push the wall back, and the other change was extending the limit of the level spreader to capture any potential runoffcoming in over the emergency spillway. Ms. Mary questioned about what will happen in a heavy rainfall, and Mr. Sparages indicates that everything is being captured and taken away, so there is no potential for a runoff issue to develop. Ms. Mary wants to know where the groundwater goes, and Mr. Sparages stated no specific tests have been conducted to date, but extensive borings will be done, He indicates that in most cases, it generally follows surface water. He stated they are mostly concerned with what is going to happen to surface water discharge on this pwjeet. Ms. Mary stated there are plans before the Design Review Board for landscaping. Mr. Sparages says they are the same plans that were submitted prior, but that the Design Review Board does not have the two changed he indicated earlier tonight. Mr. Benevento said we are interested in the plans presented tonight. If the Commission closes on the filings presented tonight and issues an Order of Conditions, then any changes to that plan will need to be modified. Vice Chairman Paluzzi asks for any other comment from the public. Joan Murphy, 36 Long Meadow Road indicated that when Mr. Sparages talked about the barrier and mentioned hay bales may be put in place if there is a problem, it sounds like potential damage is imminent and she would prefer to see something done now that would give the most protection so that no damage occurs, and another thing would he if revegetation did not take place as they hope, the Commission provide some other remedy~ There being no further questions or comment, Dr. Johnson makes a motion to close the hearing, seconded by Pat Grimes and approved unanimously. Continuation of Public Hearings: Otis Road - Landfill Closure/City of Beverly Joan Hanson of Malcolm Pinfie stated the plans presented tonight are the design they are proposing. Within the 150 foot contour, there is a ¼ acre wetland. By the landfill closure, eventually about 2600 feet ofwetlands will be affected by the capping. In order to develop an adequate storm water plan for this area, a swale is proposed. There would be interlocking paving and it would discharge to the swales. It would increase the area to acconunodate the increase in velocity coming off the swale. There would be no change in the amount of water coming off the swale and the change in velocity is minimal. Pat Grimes asks what the problem is, because the original plans had a detention basin. Miss Hanson replied that in a letter from DEP they indicated that for the efficiency of the landfill cap and for the public health and safety, they would prefer that the detention basin he located off the landfill cap, and there was enough property in this project to satisfy that issue. Paul A. Boord, P.E. of Malcolm Pinfie adds that the City is under a Consent Decree to cap the !andfill by a certain date and that the constructed wetland is more of an aesthetic issue, and they want to get the site approved as soon as possible so they have eliminated the constructed wetland. Vice-Chairman Paluzzi asked for comments from the public. Marshall Handly, City Solicitor, stated that the City has a Consent Decree and that' s why we see an immediate reaction to the DEP requirements, and asked that this he moved as soon as possible. There being no further questions, Pat Grimes makes motion to close the hearing, seconded by Dr. Johnson, approved unanimously. Continuation of Public Hearing: L. P. Henderson Road - Mini Storage Facility/T Ford Cornany Debbie Hurlburr stated that the Commission had received a letter today from the proponent seeking an extension for the new storage facility until the next meeting on January 19, 1999. She asks Frank Killilea, City Engineer, for an update on the site because Mr. Killilea is overseeing the site management. Frank Killilea stated that Phase I investigation of the Guinard site has been completed as well as the airport site, the Nike Site and the Vitale site and they are now in on-going discussions with the consultant about the scope of work for Phase H which basically would be to remove the buried fuel tanks which were identified under Phase I. He hopes that by the end of November an agreement will have been reached and they will be working on Phase lI. Vice Chairman Paluzzi asks for comment from the public. A member of the public comments that it is frustrating to come in and find out time and time again that the meeting has been continued and wants to know if there is any way to find out ahead of time whether or not the matter will he heard. Debbie Hurlbun apologized for the inconvenience and recommended he call the office prior to the hearing to find out if it is on the agenda. Richard Benevento makes a motion to continue this matter until the January 19, 1999 meeting seconded by Dr, Johnson. All in favor motion carries. New Public Hearing: 5 Holding Street - Excavation and Backfill for Driveway - Victor Capozzi Bruce Eaton, Engineer representing Victor Capozzi, stated Mr. Capozzi proposes to build a garage on his land which fronts on Holding Street. The parcel is 50 x 100 on Holding. The proposed garage is 20 x 40 feet, and would he constructed along with an unpaved driveway down to the existing pavement on Holding Street. There is a drainage ditch there. They had a botanist out and they are waiting for a copy of her report. There is a wetland there and vegetation is along the bank. The botanist's conclusion was that the area does not qualify as a wetland area under the Massachusetts Wetland Protection Act. However, they propose to protect the area using a line of haybales which will prevent any direct flow of siltation into the area during construction, and the area which will he disturbed during construction will be grassed over, and the driveway will be graded down. The flow will be contained in that area and will not flow off imo the adjacent properties. Mr. Eaton also stated that most of the construction will take place within the buffer zone. Tony pal.77; asked if there will be a change in the grading of the road to keep it from going down into the ditch. Mr. Eaton responded that there is a very gradual pitch. I)rs_insge from the driveway will go on to the grassy area. He states the lower end of the lot will have some regrading, and only one of seven trees will be removed. Mr. Beaevento thinks the Commission should do a site view, and Tony Paln~zi agrees. Vice Chairman Paluzzi asked for comment from the public. Cynthia Bookman, of 3 Holding Street stated the land is going down hill. There is also a family of raccoons living up the street, and there is ledge in the area. She stated she has already had water problems in her basement and does not see how she wouldn't have a water problem in the future as a result of this project. She stated she has maintained this land for about twelve years to make it presentable by building rock gardens. Mr. Benevento asked if this is a public way, and Tony Paluzzi says the City owns the land. Ms. Bookman stated that the City has not taken care of the property. Mr. Benevento stated that the work as proposed goes beyond the limits of Mr. Capozzi's property and asks if the City objects to any pan of the proposed layout, could the work be contained within Mr. Capozzi's property. Mr. Eaton responded that it could be so contained. Mr. Benevento stated that any Order of Conditions would require verification from the City that they will allow this work on City property. The Commission cannot approve plans showing work on someone else's property. Joan Murphy wanted to know if there is a possible degradation of the surface from vehicular waffle in wet weather with din coming down onto the public road. Mr. Eaton said it will be an unpaved driveway with grass on either side. Robert Early asked what Lot Number the garage will be on, and Mr. Eaton responded Lot 55, it is 116 x 50 feet wide. Ms. Bookman indicated the back of Mr. Capozzi's house was taken down and he used all the wood from the back of his house and pot it all in a pile on the land which now is going to be the garage area. Tony Palu~i noted they will investigate this on the site visit. Mr. Benevento asked if it is possible to put stakes where the garage will be located and on the centerline of the driveway in preparation for the site visit showing where it is in relation to the recessed area. Mr. Eaton agrees. Debbie Huriburt read a letter from Robert Goodman, owner of Lot 46A stating he is in support of the project. Debbie Hurlbu~ notes that the next regular meeting is Tuesday December 1, 1998. Mr. Benevento motions to continue the public hearing until December 1, 1998 with a site visit on November 21, 1998 at 9:00 A.M. All in favor motion carries. New Public Heating: 240 E!liott Street - Underground Storage Tank Removal - Bass River Trust. Luke Fabbri advised that he was contracted by Bass River Trust to remove an underground storage lank and install a gas pipeline from Elliott Street. It is a 500 gallon capacity tank which is approximately 3~1/2 by 5 feet in size located behind the building in a gravel area off the asphalt. The tank would be removed and backfilled with clean material, probably crushed stone. One boring has been done down to the water table and no evidence of release from the tank was found so we do not anticipate a water contamination problem. Mr. Fabbri indicated they propose to load the tank onto a track and add three to four yards of material to bring the area back up to grade. The utility lines offElliott Street are 6 approximately 80 feet to the boundary of Elliott Street. The gas company was notified and will place the pipe and then we will backfill that same day. Mr. Fabbri stated that the work would be done on a non-rain day, going in around 7:00 A.M. and being finished by about 4:00 P.M. that same day. The trench may remain gravel until the owner can contact a paving company to have paving installed, but that would only take a few days. Mr. Fabbri further states that the line inside the building will be disconnected from the burner, it will be blown clear ofoil back into the tank, and capped at both ends. It is actually in the concrete floor of the building so where it comes out of the building and the associated fill and vent pipes are all to be removed. Mr. Beneveuto stated that it's his understanding that if there is any contaminated soil on site, it must be contained on site until DEP can come out and test it. Mr. Fabbri said DEP doesn't do the testing. The owner is responsible for the testing. It's pulling the tank out. The process includes needing to screen the soils and if there is more than 100 ppm you're required to notify the DEP within 72 hours. Vice-Chairman Pal,,7~i asked for commeuts from the public. Joan Murphy questioned the size of the tank, and Mr. Fabbri repeats that a 500-gallon tank measures about 3-1/2 x 4-1/4 feet by five feet in length. There being no further comment, Vice Chairman Paiuzzi asks for a motion to close the hearing motion by Pat Grimes and seconded by Dr. Johnson, all in favor motion carries. ORDER OF CONDITIONS: Sam Fonzo Realty Trust Mr. Benevento stated going back to the Notice of Intent for Sam Fonzo, he feels additional pr~antions are in order and feels the Commission should add a condition that the cons~wation agent be notiflad of the preconstruction m~ting so that she can be in attendance, and also a condition that the applicant will submit a brief description of what they're going to do in the area of Flag 42. Mr. Benevento wants to add a condition to include photographs of the wetland perimeter before and after, and Mr. Sparages says that will be fine. Dr. Johnson makes a motion to accept the conditions as written, Mr. Benevento seconded, all in favor motion carries. Otis Road A motion was made by Richard Benevento to issue Standard Commission Conditions, seconded by Dr. Johnsun. All members in favor, motion carries. 240 Eltiott Street A motion was made by Dr. Johnson to issue Standard and Coastal Commission Conditions, seconded by Pat Grimes. All members in favor, motion carries. Certificate of Compliance 95 Grover Street (DEP #5-511 ) John Sanidas 99 Grover Street (DEP #5-512) John Sanidas 103 Grover Street (DEP #5-513) John Sanidas Debbie Hurlbun states there are three Certificates of Compliance are being requested for Grover Street by John Sanidas, DEP #5 -5 11,5 12 and 5 13. Mr. Benevento asks if these are the three houses across from Worthington, and Debbie Hurlbun responded that they are. Mr. Sandidas stated that the planting was done under ideal conditions. Everything took within two weeks and the last hydroseeding was the last week in September. Two of the houses have automatic sprinkler systems. Debbie Hurlburt says Lot #1 was 103 Grove Street, Lot #2 was 99 Grove Street which was 20 feet closer to the resource area, and at Lot #3 the dwelling is in the epproved location. Mr. Benevento stated thin DEP #5-512, the one closest to the resource area, shouM have required modification to the plan. (*Members review plans). Debbie Hurlbun stated that with the revisions, only the deck goes slightly into the buffer zone. Old/New Business: Debbie Hurlbun states DEP Attorney Faherty asked her to coma to the Commission to find out whether the Conservation Commission is willing discuss the proposal they presented previously and wants the Commission to talk about whether they think the proposed changes enhance the area. He said if the Commission is willing to discuss it, he would be willing to come to the next meeting but if the Commission takes the position they have in the past, he isn't going to bother. She states she will tell him the Commission is very willing to discuss the issue. Vice Chairman Paluzzi made a motion to tell Attorney Faherty that the Commission is still open to discussion, but would make it known that they are going to have to work with us, and that they still consider this area a BVW. Seconded by Dr. Johnson, all in favor motion carries. Minutes: 8 The acceptance of the minutes have been postponed to the next meeting. Adjournment Motion was made by Richard Benevento to adjourn the hearing seconded by Dr. Johnson, and approved unanimously. Meeting was adjourned at 9:20 P.M. 9