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2000-05-23 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission May 23, 2000 Chairman David Lang (7:35 p.m.), Anthony Paluzzi, Patricia Grimes, Jay Donnelly, Dr. Mayo Johnson Jon Mazuy, Richard Benevento Debra Hurlburt, Assistant Planning Director Jeannine Dion Vice Chairman Paluzzi calls the meeting to order at 7:00 p.m. Self Help Grant - Tina Cassidy City Planner Tina Cassidy addressed the Commission. She stated that she is working on a grant application through the Department of Environmental Management. The grant is for $250,000 and the deadline is for June 1, 2000. Ms. Cassidy stated that the City is considering the purchase of the Santin property (15 ¼ acres) and the Hill Estate (4 acres). These properties abut Sally Mulligan Park. The open space committee has identified these parcels as priorities sites to acquire. Ms. Cassidy states that the mason that she is before the Commission is that through the Self-Help Grant the property will then be under the care and management of the Conservation Commission. She is here to ask the Commission for its endorsement of this grant. Grimes asks if the property were purchased, if it would be under the control of the Conservation Commission. Cassidy responds that it would. Donnelly states that it is a great location to save because it is so large and varied with wetlands, hills and forest. It is right in the middle of the city so it is equal distance to most of the citizens. He adds the city should not miss the opportunity to save it. Dr. Johnson moves that the Conservation Commission approve and sign the application for the Self-Help Grant, seconded by Grimes. All members in favor. Motion carries. Notice of Intent Cont.: Notice of Intent: Lawrence Street Brook City Engineer, Frank Killilea imroduces Virginia Roche, Senior Project Manager at Camp, Dresser & McKee, the consultant for the City of Beverly drainage improvemere project. Conservation Commission Meeting Minutes May 2.3, 2000 Page 2 Ms. Roche provides a detailed overview of the project. Donnelly asks how many trees will be taken down. Roche responds that there are some significantly large trees (5-6 foot diameter) which the project will be winding around. There will be very few (2-3), trees taken down. Grimes asks about mitigation for the trees. Roche responds that mitigation will take place pursuant to the neighbor's wishes. Dave Tusak, 251 East Lothrop Street asks for clarification regarding his property, specifically, the water level during a flood. Roehe responds that the system has been designed to fully handle a 10-year storm in the pipe. When there is a bigger storm, the system may surcharge but it will not be what is currently experienced. Mrs. Tusak states that they have had to replant their lawn five times and they only have water in the cellar when the brook overflows. She adds that they do not want the brook and wants to be sure that the water flow will never overflow the brook again. Roche responds that is why the city is putting in a four-foot diameter pipe in. Donnelly asks if a calculation has been done for a 25-year storm. Roche responds that she has not but would be glad to provide the information. Mr. Tusak asks what if the culvert could be eliminated. Roche responds that you would be drying up an open channel, which is something the Conservation Commission wants to preserve. Donnelly explains that the Conservation Commission is concemed about flooding and protecting the environment. Mrs. Tusak asks for an explanation of her rights regarding control of the stream. Donnelly responds that the Wetlands Protection Act is a State law that the Conservation Commission is trying to uphold which states that streams cannot be altered with certain exceptions. It is up to the Conservation Commission to determine whether or not to make exceptions and it is up to the Department of Environmental Protection to support or oppose the Conservation Commission's decisions. Mrs. Tusak states she would like to be rid of the culvert because it is a safety hazard and there is quite a bit of vandalism. Grimes responds that there would have to be an overriding reason and if the piping will eliminate a good deal of the flooding, there may not be an overriding reason to fill it in. Donnelly asks Roche to provide calculations for the 25-year storm. Roche states the construction is scheduled to start in the fall (open channel improvement). By the Conservation Commission Meeting Minutes May 2.3, 2000 Page 3 time the pipe comes in there will probably be winter shut down. The work will reconvene in the spring and maybe into the summer. Lang expresses concern regarding an open channel under Bison Street and along a home. Roche responds that it is a maintenance type of request because the resident has complained about water in the basement. Lang states he would be in favor of leaving it as is because it would start a sequence of events. Roche states she would feel safer putting a discharge past a house versus directly next to a house. Killilea asks if the Commission is suggesting constructing a new headwall. Lang responds that he does not have a problem with that suggestion. Lang asks if there are any questions from the public. Mr. Tusak asks who is responsible for the retention pond at Cavendish Square. Killilea responds that the retention pond is not City property and therefore the responsibility of the development to maintain. Tusak states that the retention pond at the Cavendish Square subdivision is not maintained. Lang states that fithere is a violation, the Conservation Commission can issue an Enforcement Order. Cogswell Ave. (end) - house construction &associated work/Faust Hurlburt states she received new plans in the office today on this project. Julie Parrino from Hancock Engineering appears on behalf of the applicant. She states a site walk took place. One wetland flag was changed (A7). The concerns raised at the site walk were the close proximity from the development to the wetlands. She states since the site walk, the plans have been revised to address concerns. The garage was relocated further to the right of the lot, a retaining wall was eliminated and the 'limit of work line' and the house was pushed a little closer to the road. Parrino states the plan has been approved by the Planning Board. Donnelly asks what type of storm the detention basin is designed for. Mr. Dick Dougherty responds that it is designed for a 100-year event. Donnelly asks what type of vegetation is proposed for the detention basin. Dougherty responds that it will be loanned and seeded. Lang asks what the distance is from the comer of the house to the wetland flag. Parrino responds 33 feet. Lang asks if there are questions from the public. Conservation Commission Meeting Minutes May 23, 2000 Page 4 Wayne Castonguay, the Ecologist for the Trustees of Reservations (abutter to the project) states he submitted concerns in a comment letter regarding the old plan. He requests that this be continued to enable the Trustees and the Conservation Commission to study the new plan. He states the main concern is that it is a very difficult site and a lot of grading and filling will be required to accommodate the project. Complete clearing and alteration of the buffer zone in very close proximity to the wetlands will be required. Castonguay requests that the Trustees' comments (in the May 1st letter) be placed in the Order of Conditions. The comments are as follows: · Permanent no alteration zone between the project and the wetland, · 25 foot buffer, · Prohibition of lawn treatment and road deicing, · Applicant should submit a maintenance and management plan for the detention basin, · Request that the detention basin be allowed to remain somewhat wild. Parrino states she can put maintenance and management plan together for the detention basin. She adds that a 25-foot no disturbance zone is not possible because of grading (3-1 slope). Paluzzi moves to close the hearing, seconded by Grimes. All members in favor. Motion carries. 675 Hale Street - vegetation management for pond - Vogel Gerry Smith from Aquatic Technologies appears on behalf of the applicant. He states that a site visit took place. The Commission members requested he provide 1) calculations regarding storage volume 2) a list of projects and ponds where herbicides were used to eliminate purple loosetripe in the Northeast region, and 3) brief summary of chemicals and particular species of plants they were used for. Smith states he has provided that information to Commission members. Smith states Mr. Vogel intends to work very closely with the Johnsons when lowering the pond. Lang states Smith provided a list of communities that used Rodeo. He reads the list. Lang states he was provided information regarding the volume of draw down of the pond. Lang reads a letter from Peter Johnson expressing his concerns into record. Lang asks if members of the public have any questions. Joan Johnson, 677 Hale Street reads letter dated May 23, 2000 into record. Johnson expresses concern regarding lowering the level of the Vogel pond. Conservation Commission Meeting Minutes May 23, 2000 Page 5 Smith states if the Johnsons have ponding on their property, they will wait until the appropriate time to drain the pond. Lang states the applicant has provided the Commission with interesting information. He adds that the Commission has never had to make a determination on this type of project before. He states he sees the benefit of eliminating a lot of the nuisance algae from the pond. He also has concerns regarding using a variety of different types of chemicals. Lang expresses concem regarding the use of different chemicals at different times. Smith responds they will not apply several chemicals at one time and he is not sure if he will use sonar. He states he is trained and experienced to know what tools to use. Grimes states Smith stated he would provide a specific plan in more detail. She states she would feel more comfortable if the plan were more detailed specifying what chemicals will be used, where they will he used and when. Smith states it is not easy to determine in advance. Grimes responds that Smith knows what he is dealing with now - at this point. Smith states that some Commissions provide explanation of intended treatment to the state prior to application. He adds that he will provide a report and letter prior to application of anything. Pahzzi moves to close the heating, seconded by Grimes. Johnson abstains. Motion carries. 45 Beaver Pond Road - addition/pool/retaining wall/utilities - Milson Robert Lynch from Atlantic Engineering appears on behalf of the applicant. Lynch states he is providing a new set of plans noting the only change, is that a screened porch is being reduced. Lang states he visited the site. He states that a lot of material has been dumped over the years and he does not view the proposed work to be detrimental. Paluzzi asks about the overhead electrical wire. Lynch responds that the applicant is hoping to put it underground. Paluzzi moves to close the hearing, seconded by Grimes. Johnson abstains. Motion carries. 35 Porter Street - beach stairway - Corhett The applicant Mr. Corbett states he would like to install stairs from the property to the beach level so he may access the beach. He states there is approximately a 5 1/2 foot drop. He states the stairs could be prefab and assembled at the site. Lang asks if there are questions. There are none. Paluzzi moves to close the hearing, seconded by Grimes. Motion carries. Conservation Commission Meeting Minutes May 23, 2000 Page 6 Request for Determination of Applicability 15 Bayview Avenue - Gilmartin Mr. Gilmartin states that he is constructing an addition which consists of a 2-car garage - down under, bedroom, bath, breakfast nook and deck. Lang asks if Gilmartin is within a resource area. Gilmanin responds that he believes he is 102 feet from the resource area. Hurlburt states she visited the site and she measured it 97 feet from the coastal bank. She states the applicant will be reseeding when the work is complete. There is no change in topography. Hurlburt states Mr. Gilmartin has allowed his abotter to utilize his property to access 19 Bayview Avenue. Donnelly asks if the applicant plans to cut any trees. Gilmartin responds no. Donnelly asks if he has cut any trees. Gilmartin responds that he has cut a few trees. Donnelly asks if the trees were within 100 feet of the bank. Gilmartin responds that they were not within the 100 feet. Lang asks when the applicant is planning to reseed. Gilmartin responds mid-summer. Grimes moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor. Motion carries. 5 Boyden Street - pool installation & yard improvements - Nunnan Paluzzi states he visited the site and it is fairly flat and there is no flooding. He states he does not have any problems with the request. Hurlburt states she visited the site and agrees the site is very flat. Paluzzi moves to close the public hearing, seconded by Grimes. Donnelly abstains. Motion carries. 3 Thomas Road - MacDonald The applicant, Ms. MacDonald states she is seeking to install a 15 x 30 foot above ground oval pool. The yard is flat with a grassy lawn. No fill would be required and there will be no removal of trees. Paluzzi states he visited the site and the area is flat and he has no concerns. Donnelly asks how the applicant intends to drain the pool. She responded that she was not sure. Lang informs the applicant that the Conservation Commission requests that chlorinated water not Conservation Commission Meeting Minutes May 23, 2000 Page 7 go into the wetlands. Grimes moves to issue a Negative Determination #3, seconded by paluzzi. All members in favor. Motion carries. Abbreviated Notice of Resource Area Delineation 65 Beaver Pond Road - Wetlands delineation - Livermore Rich Williams from Hayes Engineering appears on behalf of the applicant. He states he has identified wetlands and would like the Conservation Commission to review. The flags were hung approximately two years ago and they will be rehung. A site visit is scheduled to take place on Jane 10, 2000 at 10:00 a.m. All interested parties are allowed to attend. Pare Kampersal, Norwood Pond Association asks if there is a restriction on this property and expresses her concern that it remain. Attorney Alexander responds that there is a recorded Conservation Easement on the property. Grimes moves to continue to June 13, 1000 pending a site visits scheduled on June 10, 2000. All members in favor. Motion carries. 376 Hale Street - Wetlands delineation - Endicott College John Dick appears on behalf of the applicant, Endicott College. He states he is before the Commission to confirm wetland delineation. He states the applicant requested a second opinion from Joe Orzol from the Gulf of Maine Research Center, Inc. (see letter dated May 19, 2000). Grimes states that the applicant is here to confirm wetland delineations and has already started working. Dick states the applicant has started working on the section of road where a delineation was already done. Grimes responds that the applicant is here to confirm that the delineation is correct. Attorney Jim Alexander states the only area where work is being done is in the area where a wetland was previously determined. Lang recommends scheduling a site visit on Saturday, June 10, 2000 at 8:30 a.m. Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street states Endicott prepared a deceptive submittal and not all abutters were notified. Stella Mae Seamans states there are three vernal pools on the property. Conservation Commission Meeting Minutes May 7.3, 2000 Page 8 Several members of the public state they were not notified oftbe public hearing. Hurlburr responds that the Assessor's Office only updates its list every 6 months and only direct abntters to the property are required to be notified. Paluzzi moves to continue the hearing until June 13, 2000 pending a site visit scheduled to take place on June 10, 2000, seconded by Grimes. All members in favor. Motion carries. Other Beaver Pond discussion with Carmen Frattaroli Frattaroli states that he has rived at his current residence for 18 years. Over the years, beavers have built dams which has caused damage to Beaver Pond by blocking up the pipes. He states that he has been approved to build a new septic system, however, he's waiting until the water situation is addressed. There is discussion about the use of "Beaver Deceivers." A member of the public provides Frattaroli with the name of a company "Beaver Busters" which specializes in this type of situation. Lang states there is no need to file a Notice of lntent to remove the debris from the culvert. Grimes agrees. Order of Conditions Cogswell Ave. (end) - house construction &associated work/Faust Paluzzi moves to issue the following Conditions: 1. Applicant shall submit a revised plan, 2. Applicant shall submit a vegetation plan, 3. 25 foot permanent no alteration zone between the project and the wetland, 4. Use of native vegetation (list to be provided by the applicant), 5. Prohibition of use of fertilizers, pest control and road deicing, 6. Applicant should submit a ma'mtenance and management plan for the detention basin, 7. Specify cutting zone in the retention basin, 8. Standard conditions. Seconded by Grimes. All members in favor. Motion carries. Lawrence Street Brook - drainage improvements - City of Beverly Paluzzi moves to issue the following Conditions: Conservation Commission Meeting Minutes May 23, 2000 Page 9 1. Standard Conditions, 2. Delete 220 foot long 36 inch reinforced concrete pipe near Orchard Street, Seconded by Grimes. All members in favor. Motion carries. 675 Hale Street - vel!etation management for pond - Vogel Lang expresses concerns that the use of chemicals could be a continual maintenance nightmare. He states concerns about the downstream abutters being affected by the project. Grimes states that she is not comfortable with the use of all the herbicides and the impact they may have. Lang states that all the chemicals when used together have synergistic affects. He states there are health considerations when chemicals are being moved downstream. Grimes moves to deny the Order of Conditions siting the following concerns: 1. Flooding downstream to abutters 2. Unrestrictive use of chemicals 3. Synergistic effects when several chemicals are used 4. A great need to proceed with the project was not established, Seconded by Paluzzi. Johnson abstains. Motion carries. 45 Beaver Pond Road - addition/pool/retaining-, wall/utilities - Milson Paluzzi moves to issue the following conditions: 1. Standard Conditions, 2. Utilities are not to be installed without Conservation Commission approval. Seconded by Donnelly. Johnson abstains. Motion carries. 35 Porter Street - beach stairway - Corbett Grimes moves to issue the following conditions: 1. Standard conditions (with the exception of hay bales), 2. Notify Conservation Commission 48 hours in advance, 3. No work below mean high water. Seconded by Paluzzi. All members in favor. Motion carries. 239 Hale Street - Lodge Conservation Commission Meeting Minutes May 23, 2000 Page 10 Paluzzi moves to accept the planting plan, seconded by Dr. Johnson. All members in favor. Motion carries. Approval of Meeting, Minutes Grimes moves to accept the meeting minutes of May 2, 2000, seconded by Paluzzi. All members in favor. Motion carries. The meeting is adjourned at 10:20 p.m.