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2000-08-29 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission August 29, 2000 Chairman David Lang, Anthony Paluzzi, Jay Donnelly, Patricia Grimes, and Jon Mazuy Richard Benevento and Dr. Mayo Johnson Debra Hurlburt, Assistant Planning Director Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of ApplicabiliW 59 Hathaway Avenue - swimming pool installation - Faille The applicant, Richard Faille states he would like to install a 28 x 20 foot above ground pool approximately 25 feet from the resource area. The project should take approximately 3 days to complete. Paluzzi asks what will be done to the excavated material. The applicant responds he will use some of the material and the rest will be given to a neighbor. There should be very little fill taken out. Lang asks if there are any questions from the public. There are none. Grimes moves to issue a Negative Determination #3, second by Paluzzi. All members in favor. Motion carries. 21 Virginia Avenue - swimming pool installation - Gagnon The applicant, Michael Gagnon, states he would like to install an above ground pool within 20 feet from a wetland and five feet from the existing deck. No excavation will be required. Lang asks if there are questions from the public. There are none. Mazuy moves to issue a Negative Determination #3, second by Paluzzi. All members in favor. Motion carries. Paluzzi moves to recess for a public hearing, second by Mazuy. All members in favor. Motion Conservation Commission Meeting Minutes August 29, 2000 Page 2 carries. Notice of Intent 290 Essex Street - single-family home construction - Symes Associates Rich Williams from Hayes Engineering appears on behalf of the applicant, Symes Associates. Williams states he is before the Commission pertaining to construction associated with a roadway and a 33-1ot subdivision. There will be two areas which will be replicated. Williams states that there will be five storm management areas and explains the rationale for the drainage calculations. Grimes asks if the replication areas meet performance standards. Williams responds that they are hydro logically connected. Lang asks for clarification regarding the culverts on Yankee Way. Williams responds there are two culverts (a 50-inch culvert and 30 inch culvert). Lang asks if there are questions from the public. Renee Mary, 274 Hale Street asks the Conservation Commission to consider the impact the project will have downstream. Williams states he has submitted the drainage report to CDM who is looking at the entire watershed area for any flooding issues via the Planning Board. Lang asks if CDM has taken into account the impact from this project. Williams responds that CDM has incorporated this proj ect's drainage study, Meetinghouse subdivision drainage study and other information into its study. Joan Murphy, 36 Longmeadow Road asks if the building footprints are accurate. Williams responds that the calculations are based on 60 x 40 house envelopes and that they show larger footprints so that if a buyer wants to situate the house in a different angle they may do so without having to submit for a modification. Stella Mae Stevens, 840 Hale Street asks how the applicant ensures that materials (i.e. gasoline, pesticides, etc.) will not get into the wetlands and detention ponds. Williams responds that the catch basins will be built with deep sumps. Mr. JeffRhuda, a representative from Symes Associates adds that some Conservation Commissions restrict the use of chemicals through a deed restriction. Lang states that restrictions are very difficult for the Conservation Commission to enforce and people are going to do what they want to do. Conservation Commission Meeting Minutes August 29, 2000 Page 3 John Murray, 14 Greenwood Avenue expresses concern that the proposed subdivision will exacerbate the current flooding situation. He states the infrastructure is insufficient to handle what is there now. Paluzzi moves to continue the hearing until the next scheduled meeting (September 18, 2000) pending a site visit on September 16, 2000, second by Grimes. All members in favor. Motion carries. 500 Cummings Center - (181 Elliott Street) - site development, foundation and building construction - Beverly Commerce Park [Lang recuses himself from this portion of the meeting.] Paluzzi resumes the chair. Bruce Oveson, Project Architect, appears on behalf of the applicant and introduces Bob Burton from Griffin Engineering. Oveson states this is the final phase of development for the Cummings Center. There are 21E issues on the site. A public access pathway will be built. Oveson states he has met with the Planning Board, Conservation Commission Agent (Debbie Hurlburr) and the Harbor Authority and walked through the layout of the pathway. The Chapter 91 License requires the applicant to have a licensed site professional evaluate the pathway. When that is complete, Oveson will return to the Conservation Commission to discuss specifically, how the pathway is to be constructed. Oveson introduces Bob Griffin to discuss the drainage system. Griffin states the work area is about 8 acres in size. The proposed footprint is about 1 acre in size and the proposed pavement is about 4 ½ acres in size. The current surface is somewhat impervious because of the type of soils - Group C soils (relatively impervious soils). Griffin describes the storm water management system in further detail. Donnelly asks if there is a stream on the property. Oveson responds that there is no stream on the property and the resource area is not being altered. Donnelly asked about the foundation design and Mr. Oveson responded that they will drive pilings Grimes asks how the applicant justifies that this site is not a high pollutant-generating site. Griffin responds that the DEP standards define what type of uses are high pollutant generating sites. It is based on the use of the land. Paluzzi asks if there are more questions from the board. There are none. Paluzzi asks if there are questions from the public. Stelta Mae Stevens asks about clarification on the number of proposed buildings. Oveson responds that he is before the Conservation Commission to discuss the building that impacts the Conservation Commission Meeting Minutes August 29, 2000 Page 4 100-foot buffer zone. If another building is built, the other building would not be within the 100- foot buffer zone. Renee Mary, 274 Hale Street asks for clarification regarding the water flow. Oveson describes the water flow. Joan Murphy, 36 Longmeadow Road asks how this project qualifies as a redevelopment project. Griffin responds that the strict reading of DEP standards states that if you have an existing paved surface and you are working on that site, as far as stormwater management goes, you compare the post-project impervious surface to the pre-project impervious surface and you make your recharge considerations based on this incremental increase. There is one acre of existing impervious surface and other portions of the site which are used today for construction staging, stockpiling, etc. Burton states he believes the land is being redeveloped as opposed to tearing down trees and starting from scratch. Donnelly states he would like to see the proposed construction site further away from the pond. Oveson responds that 90% of the building is outside the buffer zone. A resident of Hale Street asks what happened to the historical plantation site. Oveson responds there are markers. Mary Roderick, 12 Central Street asks about pond contamination. Oveson responds that there is no information that the pond is contaminated. He states the entire site is under DEP's jurisdiction regarding Activities of Use Limitations. The ponds can not be used for recreational boating, swimming, skating and fishing. Oveson adds that is why with Chapter 91, a Licensed Site Professional must look at the pathway to determine if the pathway is safe. Mazuy moves to continue the hearing until the next scheduled meeting on September 18, 2000 pending a site visit on September 16, 2000 at 9:00 a.m., second by Grimes. All members in favor. Motion carries. [Lang returns to the meeting.] Independence Circle ~ vegetation removal - WeVerhauser John Dick from Hancock Environmental appears on behalf of the applicant. The pending owner, Mr. Wnmer, would like to build a single family home on lot 69. Dick states there is a 60 ft. x 10 ~. detention basin which he does not believe is a wetland and that only a small corner of this site falls within the buffer zone and that there is very little impact. A Notice of Intent was filed because time is limited in order to meet an escrow requirement. Lang asks if there are any questions from the public. There are none. Conservation Commission Meeting Minutes August 29, 2000 Page 5 Paluzzi moves to close the hearing, second by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes August 29, 2000 Page 6 Rear 38 East Corning Street - single-family home construction - Harding Bill Manuell from Wetlands and Land Management appears on behalf of the applicant. He states the applicant would like to construct a single-family home on a parcel that is adjacent to 38 East Coming Street. Two wetland systems were flagged in May. The applicant is proposing a single family home with a deck, patio, garage and driveway. All disturbed areas will be loamed and seeded. Manuell states there should not be any significant affects on ranoff. Lang asks if there are water table issues. Manuell responds 'yes'. Derek Wilson states he is the nearest abntter to the site and reads a letter expressing his concerns regarding water problems. Grimes asks if there is a brook on the property. Manuell responds that there is an outlet of a pipe drain system. He observed that it was flowing in May. The depth was not more than a couple of inches. Bob Shakes states he has lived in his home for over 25 years and he has a lot of water in his basement. There is an underwater stream and it flows down on a layer of clay. He expresses concern that the proposed home will affect the abutters. Lang reads letter from Kevin Mahan, 40 East Coming Street expressing his concerns. Lang reads letter from John and Alice Burns, 12 Museum Road expressing their concerns regarding water problems. A resident of 9 Museum Road states he hits water at 24 inches and has replaced two basement floors because of years of water problems. He is opposed to another home being constructed in an area with water issues. Richard Barger of 63 Neptune Street states the proposed location of development is a water disaster area and requests the Conservation Commission table this until they have had a site visit. Paluzzi moves to continue to the next scheduled meeting on September 18, 2000 pending a site visit on September 16, 2000, second by Mazuy. All members in favor. Motion carries. 62 South Terrace - sewer & water line installation - Heaphy Jolm Heaphy appears on behalf of his mother, Barbara Heaphy. He states that his mother would like to relocate water and sewer lines within a buffer zone and riverfront area. The bulk of the work is within the 200-foot setback of the Danvers River. The contractor for the project is John Masterson. Conservation Commission Meeting Minutes August 29, 2000 Page 7 Grimes asks what the applicant intends to do with the excavated materials. Heaphy responds most of the materials will be trucked away. Mazuy asks about the duration of the project. Heaphy responds that the project will take approximately 3-5 business days. Mazuy expresses concern that this project is not thought out well enough with regard to the level of detail. Lang responds the Conservation Commission could request the contractor contact the Conservation Agent and she can visit the site to determine construction requirements (i.e. use of hay bales, etc.). Mazuy asks the applicant to specify the location of the pipes on the drawings. Lang asks if there are any questions from the public. The owner of the two abutting properties states she believes it is nearly impossible for anything to go into the river. Grimes moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 425 Hale Street - swimming pool installation - Haijar Steve Zagorski appears on behalf of the applicant. The applicant would like to install an in- ground pool located approximately 30 feet from the top of bank. The edge of the pool is about 75 feet from the high water line. The site is flat and there will be no change in grading. Excavated material will be removed from the site. Dormelly asks how many trees will be removed. Zagorski responds 1 small red pine (4-6 inch diameter) will be removed and 1 maple would need to be trimmed to gain access to the site. Lang asks if there are questions from the public. There are none. Mazuy moves to close the hearing, second by Paluzzi. All members in favor. Motion carries. 6 Marsh Avenue - ~ara~e removal & replacement, dwellin~ addition - Ferreira The contractor Don Shipp appeared on behalf of the applicant. Shipp states the project entails removing and replacement of the garage and a construction of a second story addition. Hay bales have been placed on site. Lang asks how the second floor will be removed. Shipp responds that it will be removed by hand and hauled away. Debris will be picked up daily. Conservation Commission Meeting Minutes August 29, 2000 Page 8 Conservation Commission Meeting Minutes August 29, 2000 Page 9 Lang asks if the slab will be removed. Shipp responds that the garage will be hauled away. Lang asks if there are questions from the public. There are none. Mazuy moves to close the hearing, second by Paluzzi. All members in favor. Motion carries. Order of Conditions Independence Circle - vegetation removal - Weyerhauser Paluzzi moves to issue the following conditions: 1. Standard conditions as deemed appropriate by the Conservation Agent; and 2. Applicant must place hay bales, 3. Applicant must provide name of contractor, 4. NotificationofConservationCommissionAgent48hourspriortocommencementofwork. Seconded by Mazuy. All members in favor. Motion carries. 62 South Terrace - sewer & water line installation - Beaphy Paluzzi moves to issue the following conditions: 1. Standard conditions as deemed appropriate by the Conservation Agent including; 2. Applicant must place hay bales, 3. Notification of Conservation Commission Agent when applicant is mady to proceed with inspection. Seconded by Grimes. All members in favor. Motion carries. 425 Hale Street - swimmin~ I}ool installation - Haiiar Paluzzi moves to issue the following conditions: 1. Standard coastal conditions, 2. Applicant must place 5 additional hay bales on each side of the proposed handful line. Second by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes August 29, 2000 Page 10 6 March Avenue - garage removal & replacement, dwelling addition - Ferreira Grimes moves to issue the following conditions: 1. Standard conditions. Second by Mazuy. All members in favor. Motion carries. Certificates of Compliance 35 Porter Street - DEP File #5-701 - Cotbelt Paluzzi moves to issue a Conditional Certificate of Compliance for 35 Porter Street pending a site visit by the Conservation Commission Agent, seconded by Mazuy. All members in favor. Motion carries. 2 Chanticleer Drive - DEP File #5-668 - Kinvin & Ballard Doug Cook, Landscape Engineer for the project states the stipulations placed on the project were followed and not breached. Paluzzi moves to issue a Certificate of Compliance for 2 Chanticleer Drive with a special condition that the work is consistent with Stipulation of Dismissal issued in 1995 by the Court, seconded by Mazuy. All members in favor. Motion carries. Other 5 Marsh Avenue Hurlburr states she spoke with resident of 5 Marsh Avenue regarding the proposed installation of a deck and four sonar tubes approximately 105 feet away from the river. The resident wanted to know if it would be necessary to go before the Commission. The Commission members agreed there is no need to file. Varian Lang stated that he has a meeting tomorrow morning with the Mayor, City Solicitor Marshall Handly, Debbie Hurlburt, Tina Cassidy and Health Director Bill Burke. He further added that he will be meeting with representatives from IT Corporation and Varian to talk about the Phase Two Comprehensive Report and concerns raised from that review. Lang stated that Pat Grimes and Jon Mazuy as well as Marshall Handly, Bill Burke, Tina Cassidy and Debbie Hurlburt will be in attendance. Conservation Commission Meeting Minutes August 29, 2000 Page ! 1 Approval of Minutes Mazuy moves to approve the minutes dated August 1, 2000, second by Paluzzi. Motion carries. Donnelly and Paluzzi abstain. Dormelly moves to approve the minutes dated July 11, 2000, second by Paluzzi. Motion carries. Grimes and Mazuy abstain. The meeting adjourns at 10:10 p.m.