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2000-08-01 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission August 1, 2000 Chairman David Lang, Anthony Paluzzi, Patricia Grimes, Jon Mazuy, Richard Benevento Dr. Mayo Johnson, Jay Donnelly Debra Hurlburt, Assistant Planning Director Karen Bradley Chairman Lang calls the meeting to order at 7:07 p.m. Request for Determination of AODlicability 413 Essex Street - deck installation - McKay The applicant, Mr. Jeff McKay, states he would like an extension of existing deck up to 5 feet from conservation land. Paluzzi asks how far away the wetland is from proposed deck. McKay states that deck covers a substantial slope ending 5 feet from conservation fence. Hurlburt reminds the Commission that at the last meeting a Certificate of Compliance was issued for the house construction at this site. At that time, McKay spoke of the desire to extend existing deck. Commission advised McKay to submit a Request for Determination. This was the last of 5 lots that needed a Certificate of Compliance in the small subdivision across from Harry Ball Field. Grimes asks for confirmation that the fence represents the conservation boundaries. McKay states that it does represent the conservation boundaries. Hurlburt clarifies that the fence which is on top of a concrete wall is the start of the buffer zone and that the wetland is at the bottom of the concrete wall, approximately 20 feet down vertically. Lang asks if there are any questions or comments from the public. There are none. Mazuy moves to issue a negative Determination #3 for the request for the deck extension seconded by Benevento. All members in favor. Motion carries. Paluzzi moves to recess for public hearing, seconded by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes August 1, 2000 Page 2 Notice of Intent Continuation: Beaver Pond Road/Lot 20 - driveway - Livermore Architect Thad Siemasko of Siemasko and Verbridge explains that at the site wall there was a discussion about drainage at the bottom of the drive at this site. He states that on one side of the drive there is a natural swale where water collects and flows out onto the road. He further explains the drainage proposal referencing run-offcontainment areas and existing swale. Mazuy questions distance of the work being 100 feet away from riverfront. Mazuy also questions what sottree Siemasko is using for the 100-foot determination. Hurlburt requests clarification on the source of this information. Grimes states that the most practicable alternatives were not considered in her mind. She also questions why a Stormwater Management Policy is not in place. Attorney Alexander states that this an Approval Not Required Plan (ANR) and that them was no other practicable alternative for access from frontage. Lang asks fithis subdivision is complete, why wasn't this configured. Alexander explains that this is where they were able to get frontage and that any other alternative would cost 4 times more than this option. He further explains that they have no rights to any other lot and that any other option was not substantially equivalent. Grimes is in question on cost being prohibitive or not. Lang inquires if permission for an easement on Lot 19 would be possible. Siemasko states that it was not likely. Alexander makes the point that using this road would have the least amount of impact environmentally than any other option. Livermore chose this option for this reason. Grimes asks why them is no Stormwater Management in place. Siemasko explains that if a subdivision is less than 5 lots, a Stormwater Management Policy is not required. Alexander explains that this subdivision is 5 lots, however the 5th lot will not be developed based on the fact that the 5th lot is zoned industrial. Paluzzi questions whether that zoning could be changed at another point in time. Alexander says that it cotrid, but there are no plans to do so at this point in time. Lang asks if there are any questions from the public. Conservation Commission Meeting Minutes August 1, 2000 Page 3 Renee Mary, 274 Hale Street states that Pam Kampersal of the Norwood Pond Association is concerned with this development crossing the Sucker Brook conservation area. Alexander states that they will not cross conservation land. Mary then asks what is the percentage of land that is left in conservation and wheat percent of the land will be used for the homestead. Alexander states the percentage ratio to be roughly 50% - 50%. He also states that the Conservation Restrictions are not being altered. Lang asks if there are any further questions from the public. Them are none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries. Order of Conditions Beaver Pond Road/Lot 20 - driveway - Livermore Benevento moves to issue the Standard Conditions, seconded by Paluzzi. Mazuy opposed. Motion carries 3-1-1 (Grimes abstained). Certificate of Compliance - Virginia Avenue - Curtis Jones Hurlburt updates Commission on letter from Vernon LeBlanc, PE and the as-built plans for the Virginia Avenue subdivision. Paluzzi moves to issue a certificate of compliance for Virginia Avenue Extension - DEP File # 5-590, seconded by Grimes. All members in favor. Motion carries 5-0. Paluzzi moves to issue a certificate of compliance for Virginia Avenue, Lot 1 - DEP File # 5- 597, seei3nded by Mazuy. All members in favor. Motion carries 5-0. Benevento moves to issue a certificate of compliance for Virginia Avenue, Lot 2 - DEP File # 5- 598, seconded by Paluzzi.. All members in favor. Motion carries 5-0. Mazuy moves to issue a certificate of compliance for Virginia Avenue, Lot 3 - DEP File # 5- 599, seconded by Benevento. All members in favor. Motion carries 5-0. Mazuy moves to issue a certificate of compliance for Virginia Avenue, Lot 4 - DEP File # 5- 600, seconded by Paluzzi. All members in favor. Motion carries 5-0. Mazuy moves to issue a certificate of compliance for Virginia Avenue, Lot 5 - DEP File # 5- 601, seconded by Paluzzi. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes August 1, 2000 Page 4 Grimes moves to issue a certificate of compliance for Virginia Avenue Replication -DEP File # 5-583, seconded by Paluzzi. All members in favor. Motion carries 5-0. Certificate of Compliance - South Essex Sewer District DEP File #5-370 Hurlburt updates the members stating that this request was for the Danvers/Beverly Relief Septor. SESD has provided letter and as-built plans indicating that Metcalf& Eddy has completed the work in accordance to the order of conditions. Paluzzi moves to issue a certificate of compliance for South Essex Sewer District DEP File #5- 370, seconded by Mazuy. All members in favor. Motion carries 5-0. Old/New Business 28 Foster's Point Hurlburr updates the Commission that a neighbor of 28 Foster's Point resident has unknowingly placed sand on his property. Hurlbutt received call from the resident stating that he was aware of the fact that a permit was necessary. Hurlburt explains that it is a very small area and that he understands the situation. Paluzzi suggests sending a letter to all of Foster's Point explaining the buffer zone. Beaver PondRoad Hurlburt explains that at a previous meeting, Beverly resident Carmen Frattaroli was having a problem with beavers at his residence that abuts Beaver Pond. Since that time, Hurlburt received a letter from Board of Health that Frattaroli was seeking a permit to breach the dam. The letter states that the after a site visit it was noticed that the water level has risen dramatically and is posing a public health threat. The letter recommends that Frattaroli be granted permission to rectify the situation. Nike Missile/Casco site - Ransom Environmental Hurlburt explains to the members that she has a copy of the release notification issued July 10, 2000 from Ransom Environmental. Lang explains that oil in the groundwater table was found at the site. Hurlburt explains that the report is open to Committee's review. Mazuy asks if there was any possible impact on the conservation land. Lang explains that there is and Ransom plans to do additional testing on the Nike Missile/Casco site as well as the Vitale and Henderson Road sites. Conservation Commission Meeting Minutes August 1, 2000 Page 5 357 Hale Street - Shields Hurlbun states that at the last meeting there was a 3-2 vote for the issuance of an order of conditions for 357 Hale Street. Hurlbun initially thought that a 4-0 vote was needed to pass. Subsequently the applicant has resubmitted a new Notice of Intent. However, the applicant did not need to resubmit, therefore the Commission needs to approve the withdrawal request. Benevento moves to approve withdrawal request, seconded by palnzzi. All members in favor. Motion carries 5-0. Other Mazuy states that there is a serious problem with contamination fom dogs at West Beach. He has noticed dogs on the beach early in the morning. Also reported seeing a brown slick out on Beverly Harbor winch would appear to be fom a leaking pipe or flushing into the ocean. Mazuy questions if anyone has reported this. Hurlbun responds that no one has. Benevento states that the dog contamination is not only a problem on West Beach, it is a citywide problem. Mazuy suggests a letter to the press from the Conservation Commission that there this situation is posing a health hazard and that this is something that concerns the Conservation Commission. Hurlbun states that she will speak with the City Dog Officer. Lang suggests speaking with the Harbormaster regarding the brown slick siting in the Beverly Harbor. PG&E (Salem Power Station) Lang drafted a letter to Mr. William Lamkin of the Department of Environmental Protection in response to the DEP public hearing held on July 27, 200 regarding PG&E (Salem Power Station). The letter states that the Conservation Commission is in support of the amendment of the proposed regulations governing emissions standards for power plants. Mazuy endorses the letter stating the salutation should be "Very truly yours". Benevento suggests signing it "For Beverly Conservation Commission". Bass River Tennis Club/Varian Lang explains to the Commission that he received a June, 2000, Phase II Comprehensive Site Assessment Report. Steve Connolly is the owner of the Bass River Tennis Club and is suing Conservation Commission Meeting Minutes August 1, 2000 Page 6 Varian for contamination of the Bass River property. Lang will review the report and hopefully have more information at the next meeting. Lang states that he has concerns for the surrounding residential areas for contamination of the groundwater. Lang plans to put together comments and send to Board of Health for determination. He stales that a Risk Assessment currently being done and is in the final phase of the study. Lang suggests a group effort to review the report and put something together within the next 10 days. Grimes and Mazuy volunteer. Approval of Minutes May 23, 2000 Meeting Minutes Paluzzi moves to accept as mended the May 23, 2000 minutes, seconded by Grimes. Motion carries 3-0-2 (abstained). June 13, 2000 Meeting Minutes Mazuy moves to accept as amended the June 13, 2000 minutes, seconded by Pal.77i. All member in favor. Motion carries 5-0. Hurlburt stales that the next meeting will be August 29, 2000. Hurlburt states that the Commission should consider taking the month of August off next year. The meeting is adjourned at 8:50 p.m.