1998-12-22CITY OF BEVERLY, MASSACHUSETTS
PUBLIC MEETING MINUTES
BOARD: CONSERVATION COMMISSION
SUBCOMMITTEE:
DATE: DECEMBER 22, 1998
PLACE: BEVERLY PUBLIC LIBRARY
BOARD MEMBERS PRESENT: David Lang, Jay Donnelly, Patricia
Grimes, Dr. Mayo Johnson, Jon
Mazuy, Anthony Paluzzi
BOARD MEMBERS ABSENT: Richard Benevento
OTHERS PRESENT: Debbie Hurlburt, Conservation Adminastrator
RECORDER: Florence Sagarino
Chairman Lang calls the meeting to order at 7:00 p.m. The first
item on the agenda:
1)
REQUEST FOR DETERMINATION OF APPLICABILITY
A) NEW: CUMMINGS COMMERCE PARK
Bruce Oveson, representing Cummings Commerce Park states that
he has filed a Determination of Applicability to discuss pruning
and cleaning of the area along the west side of the upper pond.
They wish to clean the area around the pond, such as small
saplings and dead trees that have fallen. Their intention is
to clean the area along the road to make the area look neater
and cleaner, particularly along McKay Street. He states he
has spoken to Chief Pelonzi and their purpose is to clean up
the area for police purposes. Neighbors along McKay Street
have requested that they clean up the area along the street.
He stated they will be cleaning the area with chain saws and
hand equipment, thus they will not disturb the earth and cause
siltation problems.
Mazuy asks how large the saplings will be. Oveson responds
that they are only 2-3 inches in diameter and if the trees are
diseased they will be cut away. Their staff will make the
determination as to which are to be removed. Donnelly asks
why they do not carry it away. Oveson states that dragging them
out gives them concern about erosion along the banking. Ms.
Grimes asks if all the trees will be left there to which Oveson
responds they do not want to tear up the banking by dragging
the debris away. Paluzzi questions if these are left on the
ground, how will the Police and Fire gain access in an emergency.
Oveson responds that there will be no problem. Paluzzi states
that he visited the site and saw a lot of growth and is concerned
about the trash along McKay Street. Oveson states they will
clean it up and make it appear neater. Paluzzi questions the
spillway. Oveson states that the State has contracted a group
to do some structural work on the spillway; there are some other
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items that they have to do with the dam and that these will
be addressed under a separate filing with the Board. They will
require some work to be done within the spillway.
Mazuy asks what will happen when the debris all rots and possibly
work their way into the pond and asks how many trees are they
talking about. He expresses concern that on the street side
there is a very steep embankment and that erosion is his concern.
Oveson states again that if it is dragged out it will cause
a great deal of erosion and again states that on the steeper
areas they could be cut and carried out along the steep areas.
Mazuy asks if he has consulted with any professionals in the
business to which Oveson states he has not.
Mazuy states he would like to know how many are being taken
down and would also like an opinion of a wetland expert,
particularly in the steeper area.
Chair Lang suggests continuing the matter and perhaps seek
recommendations from an expert in the form of a letter and also
comments and recommendations from the Fire Chief.
Chair suggests continuing the matter to the next meeting which
is January 12, 1999. Lang would like 0veson to talk to the Fire
Chief re: leaving the brush. Mazuy would also like to know
the percentage of trees to be cut. The Chair feels it will
be dramatically different and requests that someone come in
and discuss this with the Board.
Mazuy:
Motion to continue the public hearing until January
12, 1999, seconded by Paluzzi. All Members in favor,
motion carries.
2)
CONT: NOTICE OF INTENT/COLON STREET
Chair reads a letter from the City of Beverly requesting
permission to withdraw the application for work at Colon Street.
Paluzzi:
Motion to allow the applicant to withdraw, seconded
by Mazuy. All members in favor.
3)
218 HART STREET/WELLES/NOTICE OF INTENT
Michael DeRosa, DeRosa Environmental Consulting, Inc. who is
representing the applicant for the Notice of Intent for property
located at 218 Hart Street. DeRosa talks about procedural
matters; restoration plan for wetland enhancement and states
that they are waiting for a DEP file number. He informs the
Board that all abutters were notified by certified mail as
required and one abutter, Daniel Preston return receipt was
given to Debbie Hurlburt. He states that he has had informal
discussions regarding the proposal. The project is classified
as a Category 2 by the Army Corps of Engineers. This is an
area of 35,000 sq.ft. He states that he is hoping for an Order
page three
of Conditions from this Board. His proposed schedule is to
hopefully get Army Corp in the spring and then commence
constructin in August or September of 1999. Dillon James, Eng.
for the applicant hands out calculations from Meridian
Engineering. There is a 100 ft. buffer zone from the BVW line.
DeRosa points out on the plan where the existing property lines
are. He states there are no rare endangered species being
affected and that they will be protecting the river front area
and that they have 200 ft. from the back. Under the enhancement
of wetlands, under Section 53.4, Bordering Wetlands, they are
within this and have an inland bank along the brook. At this
point, DeRosa gives a summary of the proposed alterations
activity within the resource areas. States they have kept the
same elevation of 54 and water will be the same elevation. It
will be all open water with an island. They will be adding
about 13,000 cu.ft. of storage.
Chair Lang asks regarding excavation by the water table, to
which DeRosa responds they will have to dewater as they go along.
DeRosa states the area is changed. The planting in BVW will
create 3500 sq.fto in the oxbow area and will become BVW (refers
to Table 1 in the calculations books). They have discussed
designing a pond for water fowl and long legged birds. He states
the plan is showing excavation perimeter will be staked with
hay bales to prevent sedimentation in some areas, and that the
pond will be a detention basin. The construction process is
dewatering over sedimentation and the work will be done in 4
phases. Regarding access, he shows a steep slope on both sides
where they will be using small trucks to take some soil out
of the basin. They calculate there will be 400 small truck
trips to carry material out. During excavation the top soil
will be stock piled and graded to the back area. At this point
DeRosa refers to a photo and section of the report. He refers
to Photo C and D and describes the land and the soil conditions.
He states that 1500 cu.yd. of material is to be graded and will
be sloped and seeded with wild flower and grass seeds. He states
the work will be done in late August 1999 when conditions are
dry. At this point he describes the procedure and the process
in the cells. Peat will be stockpiled along the edge of Cell
3 and will be spreading 6-8 inches on the side slopes. They
will take desirable plantings from certain areas and will plan
on utilizing all desirable material. At this point, he asks
if the Board has any questions. He stresses to the Board that
they will do one section at a time.
Paluzzi asks what the time period of the construction will be.
DeRosa responds that it will be 24 days or about 6-8 weeks
construction time. Lang asks if there will be any problems
with the vegetation in August or September 1999 to which DeRosa
responds that they can plant shrubs up to and into November,
therefore giving the pond time to settle.
Chair Lang questions if there will be erosion in the winter
period to which DeRosa compares this to a similar project in
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Manchester and feels it will be no problem. DeRosa shows a
weir in one area. The pond is only 10 ft. deep and will be
discharging from the bottom out and the dissolved oxygen sits
in the system longer. Chair asks DeRosa about odor of methane
to which DeRosa states there is no odor. Chair asks if there
should be a turnover in the spring to which DeRosa responds
in the negative and points out that a vertical shell and the
plantings are in the area. DeRosa states there are no canopy
plantings. They have some existing hemlocks, red maple, large
pines on site. He points out they have saplings and large trees
also, which are good for wildlife habitat. He states there
will be no fish species. The BVW enhancement area will have
some plantings such as marigold, winter berry, winter plantings,
blueberries and some winter food plantings and button bush will
be added. Water iris will also be planted in the sunny areas.
He tells the Board to refer to the Appendix for more information
on plantings. At this point he describes all plantings in the
shells; states that E and F are deep plantings.
Chair Lang asks the Board members if they would like to take
a site visit before the next meeting. Mazuy asks if during
one phase if they will be taking water out of sediment and
flushing it out to the outlet stream and what the quality of
the water will be. DeRosa responds that they will remove 80%
of the total solids; that they can do many things to knock out
the silt. He states that people downstream will not be affected
in any way; that there will be no interruption in the flow and
downstream willbe the same quality. Mazuy asks if there are
any stakes to which DeRosa responds they could stake the proposed
elevation of 54 ft. before the site visit.
Paluzzi asks if there is a bridge going over the pond to which
DeRosa responds negative and that they want to see what it will
be after 2 years and then perhaps they could come back and do
something else.
Chair asks if there is any water coming from the Loeb Estate
coming down, to which DeRosa responds that is further down and
has no effect. The Chair at this time sets a date for a site
visit for Saturday, January 9, 1999 at 9:00 a.m.
Chair would like DeRosa and the applicant to supply more
information at the next meeting re: 1) depth and erosion; and
2) odor (comparing it to Norwood Pond odor of methane).
Chairman Lang asks if there is anyone from the public that would
like to comment at this time.
Robert Buchshaum, Mass. Audubon Society states to the Board
that they are trading one resource area for another and that
the Wetland Protection Act does not allow this. They have to
show that it will be enhanced in some way. They need to document
the flooding downstream. He questions maintenance - that it
will have to be dug out from time to time. He would like to
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know what experience they have on wildlife enhancement. He
refers to the reference made to invasive plants - how much of
this is a real problem. DeRosa responds that presently he has
a diverse area. On resource trading - taking a lot of land
which shows a net gain. He refers to Table 2 which covers the
change in wetland. On the downstream flows, they could do some
calculations. Regarding maintenance - he does not forsee any
maintenance. All plantings are restricted to the shells.
Regarding wildlife habitat they are doing an inventory as
they have seen many changes, and are seeing many new species.
Regarding invasive plantings - they could take a look at this
also. (At this point DeRosa gives Buchshaum a copy of the Notice
of Intent).
Mazuy expresses concerns about the steepness of the embankment.
Paluzzi:
Motion to continue the public hearing to January
12,1999, seconded by Grimes. All members in favor.
Motion carries.
The Board will conduct a site visit on Saturday,
January 9, 1999 at 9:00 a.m.
4)
CONT: CERTIFICATE OF COMPLIANCE/CHAPEL HILL RD.
LOT 4/BARROWCLOUGH.
Chairman Lang reports that the Board conducted a site visit
and evaluated the property. He states that the matter is now
open for comments from Board members. He states the issue before
the Board is to see if they should issue a Certificate of
Compliance.
Board member Johnson states there is a 2-3 ft. differnce in
the grading from the previous plan submitted, to the present
plan. States there are changes made outside the buffer zone
to the rear of the house, and that it is higher than originally
planned. As a result, this affects the water flow and has an
adverse affect on the neighbors. Chair addresses Barrowclough,
the applicant, and asks if this is a new topo plan to which
Barrowclough responds that he is presenting a new topo map to
the Board.
Mazuy questions the elevation of the roadway and was it
constructged higher than designed. Debbie Hurlburt states that
he should consult with the City Engineer on this.
Chairman Lang feels the roadway is higher and therefore the
houses would be higher; that the grading is higher than
previously shown. He questions Barrowclough if water is flowing
on the Solomon property from this property. Lang states that
according to the topo plan, it appears that a portion goes on
to the Solomon property. He feels that Lot 5 is the major
problem. Lang asks for a better topo plan to make a
determination. He states that this is now a neighborhood issue
and might need to continue the matter again at which time it
page six
might be necessary to bring in the Engineer and DPW. Barrowclough
contends that the water flows away. States he has done
everything to bring this to an end. Chairman Lang states that
he would like to ask the City Engineer why they are changing
the grading. Chairman asks the Board what they wish to do.
Paluzzi states that the majority of the water is from next door.
Mazuy asks if there are any suggestions as to the flow to the
neighboring property. Could they try to come up with a suggestion
that would cause less runoff to the Solomon property.
Barrowclough states he does not feel it can be corrected
entirely. He points out that it stays wet in this area all
the time; that there is a gentle grade toward the house.
Chairman points out that the elevation is 72.13, to which
Barrowclough responds that there is a low spot in that area.
The Chair at this point asks for a motion stating if any action
is taken it should be done by the neighbor, and that this cannot
be the Board's purview.
An Attorney representing Solomon speaks and states that they
feel there has been a substantial change in the drainage and
water flow. He states they have no objection to someone next
door improving, but not to their detriment. They have seen
a change in their property since this was built and this has
changed the flow of drainage and changed the direction of water
flow. They state that they are asking if there is a significant
change, it can be worked out. They are asking for the
Certificate of Compliance not be approved by the Board. Mr.
Solomon states he has no problem with what is being done, but
this has caused a financial problem to them. He states he
requested the builder at the time the building was going on,
to be careful and if he had talked to anyone at City Hall.
The Planning Board said this was the Con Com jurisdiction.
Solomon states that the building is too high and the water is
flowing in the opposite direction. He states that he is having
problems with both houses at this point. He states that there
is a stone wall on his property and the water flows over the
wall onto his property.
Chair Lang states that this Board does have jurisdiction over
Barrowclough and this shows what it was in the original plan.
He states it is actually higher. Barrowclough states he feels
that the City does not have jurisdiction, and feels there is
no water going over the wall. Chair Lang suggests that the
matter be continued for another three weeks in order to visit
the site and look at the low spot referred to by Barrowclough.
Attorney for Solomon suggests the City Engineer go out and visit
the site also.
Mazuy states that the issue before the Commission. is whether
there is substantial compliance and what constitutes substantial.
He states that the grades seem to be higher to which the Chair
responds that the other factor is runoff. Donnelly states he
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would like to see an overlay. At this point, the Board has
discussion as to the elevation which show discrepancies from
what was previously submitted. Mazuy states he is prepared
to vote. Chairman asks if the Certificate of Compliance should
be issued. Chairman asks the Board for a Motion.
Mazuy:
Motion that a Certificate of Compliance not be issued,
seconded by Donnelly, Grimes, Johnson. Paluzzi in
favor, Lang opposed. Motion carries by a 5-1 vote.
Question by Grimes was if the road was built prior to the
building a house, would there be a choice of complying to the
original plans. Mazuy states that the issue before the Board
is whether it is in substantial compliance to his application,
to which Grimes questions how to get into compliance. Mazuy
states that this is not a concern of the Board. He states that
the fact is that it is 3 ft. higher than what was approved in
the Notice of Intent, and that the grades and runoff has changed,
therefore causing all runoff to go into the wetland.
5) NEW: CERTIFICATE OF COMPLIANCE/17 LANDERS DRIVE
Mr. Carnevale was not present. Debbie Hurlbur~ updated the
Board and stated that this matter came up about 2 years ago.
She stated that they did a site inspection and found additional
fill on the property where it should not be. The Chair came
back to the Board and they agreed that one way to rectify the
problem was to connect 2 small wetland pockets to improve the
wetland area. She states that Hayes Engineering discussed what
could be done with plantings. She states that the work was
completed and an on site inspection found the work was done
as intended. She states that Roderick seeks a Certificate of
Compliance to finalize the work. Mazuy asked if this has been
done to which Hurlburt responded in the affirmative. She states
that the office of North Shore Pro Landscape has given a
guarantee for the plantings survival.
Mazuy: Motion to issue Certificate of Compliance, seconded
by Paluzzi. All members in favor. Motion carries
6-0.
6)
MOSQUITO CONTROL DISCUSSION
Discussion with representative from Mosquito Control. Hurlburt
states she has invited him there because they have received
letters requesting various maintenance work in the past.
Presently on Upland Road and Ashton Street. The representative
from Mosquito Control explains the work that is done by them
in areas around the wetlands. He states they have to maintain
drainage systems to keep water flowing. States that equipment
is brought in to wetlands and they dig out sediment and rubbish;
clean out culverts of any materials collected there. He states
they have been called by property owners on Upland and Ashton
page eight
to clean out an area which was a fresh water area which flowed
into salt marsh. He states they cleaned out 115 ft. He states
in the area of fresh water which goes out into marsh, it could
deplete the salt marshes. He states that their goal is to clean
from culvert to culvert from 40 Ashton to 25 Upland. He states
there is a sewer line that goes across to Hillcrest Rd. Chairman
Lang asks how long will the work take, to which he responds
it should be about a day and will ask the City to put an elbow
on the 12 inch pipe. He questions regarding a property owner.
He states that they are a state agency based in Essex County;
and that they contact property owners or abutters for permission
to go across private property. Chairman Lang thanks him for
taking the time to address the Board of the work that is done
by Mosquito Control.
DISCUSSION/JC PHILLIPS ESTATE
Debbie Hurlburt informs the Board that the proposed Rules &
Regulations Condition #6 needs to be clarified and reconsidered
as ordered by the City Council. She introduces Sarah Cole from
the Trustees of Reservations. She discusses mountain bikes
and the request from the Board to have it excluded. She states
that at the Council meeting they were concerned that the public
would be excluded from the property. She states that she
suggested allowing bicycling on a trail, so they reworded #6
on horseback riding and added #7. She states there are signs
which she shows to the Board. She describes the sign plan which
must be approved by the Council. She states that the Council
has no problem with it.
Paluzzi questions the length of the trail to which she responds
that it is 4 miles and suggests they would have a place to walk
the bike. Paluzzi asks if any precautions are taken on the
trail. She responds that they have small signs and would place
them on other trails. She points out the walking trail where
a sign would also be placed. Mazuy asks if they are willing
to modify the use of bikes to the west side trail and modify
bicycle activity to the site. The sign is brown vinyl and white
silk screen that would be placed at the trail with a welcome
sign.
Hurlburt reads a letter from Rene Mary regarding a tree that
fell last year and lies across a creek. Hurlburt passes copies
of the letter to Board members. Chairman states the applicant
would like permission to cut the tree.
Mazuy:
Motion to allow the applicant to remove the tree in
accordance with letter of Dec. 22, 1998, seconded
by Paluzzi. All members in favor.
page nine
9)
pLD/NEW BUSINESS
PAYMENT OF BILL
2. Debbie Hurlburt request permission to make a payment of
a bill to Gulf of Maine for work regarding Maestranzi Brothers
in the amount of $407.64.
Mazuy:
Motion to authorize payment of said bill, seconded
by Paluzzi. All members in favor. Motion carries.
HANNAH SCHOOL POND
3. Debbie Hurlburt requests the Board visit the site to observe
the discoloration of the water in the pond and discuss same
with City Engineer Killilea.
4. Debbie Hurlburt showed a picture that she received from
a concerned resident. The picture shows discolored water and
other debris behind Arlington Street.
lo)
APPROVAL OF MINUTES
Mazuy: Motion to accept minutes of December 1, 1998, seconded
by Paluzzi. All members in favor. Motion carries.
11) ADJOURNMENT
Meeting was adjourned at 9:15 P.M.
Next meeting of the Board will be January 12, 1999.