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2000-06-13 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission June 13, 2000 Chairman David Lang, Anthony Paluzzi, Patrieia Grimes, Jay Donne/ly, Dr. Mayo Johnson, Jon Mazuy, Richard Benevento (arrives at 7:25 p.m.) Debra Hurlburt, Assistant Planning Director Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 18 Wentworth Drive - pool installation & deck - Traicoff Mr. Traicoff states he would like to install a 15-foot above ground pool and deck. Lang asks what the distance is fi'om the edge of the pool to the wetland. Traicoffresponds approximately 25 feet. Donnelly asks if the work will change any of the existing grades. Traicoffresponds that the change in grade will be slight. Donnelly asks if any trees will be cut. Traicoff responds that there will be no cutting of trees. Lang asks if there are more questions from members of the Comnision. There are none. Lang asks if anyone firom the public would like to comment on this application. There were none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries. Mazuy moves to issue a Negative Determination #3, seconded by Dr. Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes June 13, 2000 Page 2 Abbreviated Notice of Resouree Area Delineation 65 Beaver Pond Road - wetlands delineation - Livermore Elizabeth Wallace, Wetlands Sciemist from Hayes Engineering represents the applicant. She states that since the last meeting the wetland on the easterly portion of the site M series has been extended, the R series flags were flagged and various changes have been made for the BVW line. Mazuy states that the ILSF (isolated land subject to flooding) might be a vernal pool and recommends the Commission retain someone to make a determination and if it is a vernal pool, seek certification. Mazuy also recommends looking at the newly flagged areas. Hurlburt asks when the site was flagged. Wallace responds that the site was flagged in 1998 by Hayes Engineering. Lang asks if there are questions from the public. There are none. Paluzzi moves to continue the hearing to July 11th ponding a site visit, seconded by Mazuy. All members in favor. Motion carries. (Benevento arrives at 7:25 p.m.) 376 Hale Street - wetlands delineation - Endicott College John Dick from Hancock Environmental appears on behatfofthe applicant, Endicott College. He introduces Joe Orzel from Gulf of Maine Research Center. Dick states when the Commission visited the site, work was underway. He states the applicant is asking the Commission to review two wetland systems: 1) certified vernal pool 1238 and 2) non-jurisdictional wetland (isolated vegetated wetland). He states those two systems were flagged by Hancock and the flags were reviewed by Gulf of Maine. Dick states the two reviews concluded that the wetland surrounding certified vernal pool 1238 is bordering vegetated wetlands. He adds the smaller system is quite small - a temporary pool. Dick states in the course of the site visit two other wetlands were viewed. The two wetlands are not state jurisdictional and therefore do not come under the purview of the Conservation Commission. They are Corps. of Engineers wetlands and he is in the process of preparation of a plan for the Corps. of Engineers, which would allow the applicant to bring a roadway across the larger of the two systems and replicate it in the detention basin. Dick states the applicant is seeking a determination as to the delineation of the two more easterly wetlands and the work the applicant is undertaking is outside the buffer zone and therefore, outside the jurisdiction of the Conservation Commission. He adds there were several observations by the Commission during the site visit: Conservation Commission Meeting Minutes June 13, 2000 Page 3 I) The contractor was working very close to the buffer zone of certified vernal pool #86. The Conservation Commission asked for a second siltation barrier, which are now in place. 2) In two locations (opposite flag 89 and GulfofMaine's flag 9A) the contractor was closer than 100 feet with the silt fence. The silt fence only is inside the buffer zone. The contractor will move it if the Commission wishes. 3) Silt fence on top of knoll was put in and in order to avoid a Corps. of Engineers wetland in the road, the contractor bent the line and went into the buffer zone. Dick states that this wetland (isolated land subject to flooding) has no buffer zone and the silt fence is just good construction practice. Lang states that the Commission observed flags 9A, 1238 and A8 to be very close to the 100 feet. Donnelly asks how runoff from roadway will be treated and filtered to eliminate pollution. Dick responds that there is a small spillway basin on the plan and it may be a best management practice (BMP). Dick states that an engineering analysis will be done to see if the basin is a BMP by itself. He adds that they are also considering alternatives that are just in discussion phase. Dick states an analysis on the basin will be before the next meeting. Mazuy asks if the applicant has calculated the extent of the water that is going to be flushed either toward the vernal pool area or toward the road. Dick responds the section of the roadway that is being diverted to the vernal pool is 225 feet long by 24 feet wide. Lang asks if there has been any success putting storm water runoff from a road to a vernal pool. Dick responds that he has never pointed a drainage discharge at the vernal pool within the buffer zone. Lang asks ifa water quality certification is necessary. Dick responds not if the applicant is out of the buffer zone. Lang states he would not be in favor of a system that would require maintenance. Mazuy states there seems to be a lot of construction prior to this application. Dick responds that the work taking place now is outside the buffer zone and not jurisdictional. He states the only thing that is jurisdictional is a couple of pieces of silt fence that are inside the buffer. Lang asks if there are questions from the public. Renee Mary, 274 Hale Street states there was an explosion today coming from Endicott College and expresses concern about damage to an intermittent stream. Mary asks if the Commission can issue a Cease and Desist Order because of the destruction to the brook. Lang responds that based on the information he has today, the intermittent stream is not delineated as a resource area. Kurt Mahlstedt, 332 Hale Street expresses concern about the applicant's plan to expand wetlands closer to his property and questions the accuracy of the plans. He adds that he does not Conservation Commission Meeting Minutes June 13, 2000 Page 4 understand why the applicant is in a rush and states that he and many other abutters were not notified of a public hearing. Several people state they have not been notified of the public hearing: Yalamanchili Rao, 328 Hale Street; Cheryl Feeney-Rao, 328 Hale Street; Renee Many, 274 Hale Street; Renee Little, 280 Hale Street; Barbara Congley, 280 Hale Street. Lang asks what happened with the notification of abutters. Dick responds that he got a list from the Assessor's office as required. Dick offers to notify anyone who wishes to he notified. Mr. Rao expresses concern regarding accuracy of the maps. Dave McCabe of 273 Hale Street asks for clarification regarding Wetland B. Dick responds that the wetland is less than a quarter acre. It is not isolated land subject to flooding. It is isolated vegetated wetland and only Army Corps. of Engineers has interest in it. Lung states the Commission will look at it again. Joan Murphy, 6 Longmeadow Road asks how wide the road is. Dick responds that it is planned to be 24 feet wide. Dorothy Hayes, 680 Hale Street states that she works for DEP, however, she is attending as a private resident. She asks if any effort has been made to renotify abutters. Dick responds that he will renotify abutters if required to do so. A site walk is scheduled to take place on Saturday, June 17th at 9:30 a.m. Mr. Lang states the Commission will he looking at Area B wetland and may be asking for a land survey regarding the flags. He asks that the applicant notify all abutters and people who expressed interest. Ms. Hurlburt offered to go to the Assessor's Office to assist Mr. Dick with the abutter's list. A member of the public asks what the Commission is going to do about the bhsting. Mr. Lung responds that is outside the jurisdiction of the Commission and it cannot act outside its jurisdiction. Donnelly states he is concerned about Area B and asks Mr. Dick if he is willing to do more extensive survey. Dick responds that he will. Lang reads a letter from Stella Mae Seamans, 840 Hale Street into record expressing her concern regarding the vernal pool, Area B and Area Y. Benevento moves to continue to the next meeting on July 11, 2000, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes June 13, 2000 Page 5 Notice of Intent 35 Standley Street - driveway improvements, parking lot, tennis court - Waring School John Scott from Rist-Frost-Shumway Engineering appears on behalf of the applicant, Waring School. He states the project emails improvements to the access drive and student drop-off/pick- up areas, an addition of a parking lot, and the relocation of a tennis court. Scott states the improvements on the access driveway will improve appearance and elite haphazard parking. The existing gravel driveway requires constant maintenance and is the source of some erosion. He adds that about half of the site is very ledgy. Lang asks if there are any questions from the Commission. Grimes asks if the impervious area is being increased, why does Mr. Scott thinks there is no increased water runoff. Scott responds that the existing gravel driveway is like asphalt and hardly any recharge is happening. Benevento asks if the footprint of the driveway is any different. Scott responds that he can provide that information. Benevento states that there are a lot of unknowns and would like clarification regarding the net impervious area, depth of material in the parking lot area and whether or not the existing lineal swale is going to work. He adds that the burden of proof is with the applicant and he is not convinced that the information provided is allowing him to make a decision. Lang states he has water quality concerns and does not like the plan as it exists. Benevento asks how the field is used. Scott responds that it is used for soccer and lacrosse. Benevento recommends that the applicant consider moving the parking lot. The Commission would like more information on the following: I. Impervious calculations 2. Water quality issues 3. Calculations of driveway (pre and post project) 4. Test pits in the parking lot 5. Identify the tennis court 6. Stake the parking lot Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street reminds the Commission of the impact the project would have downstream. Conservation Commission Meeting Minutes June 13, 2000 Page 6 Paluzzi moves to continue to the next meeting scheduled on July 11, 2000, seconded by Benevento. All members in favor. Motion carries. 7 Margaret Avenue - home renovation - McNeil Ms. Barbara McNeil represents the applicant Gloria Lawlor. Ms. McNeil states the applicant would like to do renovations to an existing two-story structure. The renovation includes replacement of windows and doors; repair of porches and decks and remodeling a roof access into a new room. She states the house is in a general state of disrepair. All the work is to be contained in the original footprint. Mazuy asks if there will be additional water runoff McNeil responds that they will be staying within the confines of the existing footprint. Johnson states he made a site visit and the property is right on the river. He states with conditions he thinks the Commission could close the hearing. Lang agrees with Johnson. He adds that there is no soil work and the Commission should move this along. Grimes asks what will happen with the construction materials. McNeil states there will be a tarp on the ground to collect materials and there will also be a dumpster on the property. Paluzzi asks if there will be removal of vegetation. McNeil responds that there will not be removal of vegetation. Lang asks if there are any questions from the public. Jim Little, 5 Margaret Avenue states that he is an abutter and reminds the applicant of the boundaries. He states that he had an agreement with the prior owner of the property allowing him to pass through his yard. He states this is no longer the case. McNeil states that the applicant is aware of this. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 114 Hart Street - home addition - Lawler Mr. Lawler states he would like to build an addition consisting of a 26 x 36 ft. three-car garage with family room above. He states the addition is approximately 41 feet from a brook. Lang states he visited the site. The yard is grassy and the brook is well defined. Conservation Commission Meeting Minutes June 13, 2000 Page 7 Johnson asks if the backyard ever floods. Lawler states a few years ago it flooded when there was an extremely bad storm it flooded. Lang asks what type of excavation will take place. Lawler responds that excavation will be minimal and adds that all material will be removed from the site. Lang states the applicant could keep the material but must move it far from the resource area. Lawler states he will use hay hales. Lang asks if there are any questions from the public. There are none. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 357 Hale Street - plan modification, pool & coastal bank - Shields Curt Young from Wetlands Preservation represents the applicant. He states the applicant was before the Commission approximately 4 years ago and the Commision approved house renovation. He states he is requesting a modification of an existing Order of Conditions. The applicant is proposing expansion of bank armament and reconfiguration of the pool. Johnson asks if the coastal bank is eroding. Young responds that he does not think the house is at risk, however, the garage and the sewer are at risk. Johnson asks if the armament is being built to protect the house. Mr. Sheilds states that he has every right to protect the house. He states the garage was built prior to 1960. Lang states he would like to visit the site. He states if the structure is not in jeopardy, he does not know if he would approve the modification. He adds that the Commission's decisions in similar cases have been upheld by the DEP. Lang asks if there are any questions from the public. There are none. A site walk is scheduled to take place Saturday, June 17th at 11:00 a.m. Paluzzi moves to continue pending a site visit to July 11, 2000, seconded by Benevento. All members in favor. Motion carries. Conservation Commission Meeting Minutes June 13, 2000 Page 8 218 Hart Street {cont'd) - pond restoration - Welles Mike DeRosa from DeRosa Environmental appears on behalf of the applicant. He states the changes made to the plan has been forwarded to the Army Corps. of Engineers for joint discussion on June 21, 2000. He summarizes the changes made to the plan as follows: 1. Reduced size from 35,000 square feet to 17,000 square feet. 2. Reduced square footage of planting shelves (provided a planting list). 3. Added storm diversion piece to the design. 4. Added floating dock and access boardwalk. 5. Added small landscaped area for observation over the pond and addition of stepping-stones to catwalk for access. 6. Changed construction plan. Will take material off site, reducing the impact to the site. 7. Provided overlay. Mazuy asks if the planting list is the same. DeRosa responds that it is the same, however, less in scope. Mazuy asks how the applicant will be excavating. DeRosa responds that it will be the same as before except the materials will go off site. Lang asks if there are questions from the public. There are none. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Order of Conditions 7 Margaret Avenue - home renovation - McNeil Benevento moves to issue the following Conditions: 1. Standard conditions, 2. Roll off on-site, 3. Work area picked up daily, 4. Building materials will be stored in front of the house. Seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes June 13, 2000 Page 9 114 Hart Street - home addition - Lawler Paluzzi moves to issue the following Conditions: 1. Standard conditions, 2. Stock pried to location near Hart Street, 3. Conservation Commission Agent shall inspect and determine the best site for the stockpiled material. Seconded by Mazuy. All members in favor. Motion carries. 218 Hart Street (conI'd} - pond restoration o Welles Mazuy moves to issue the following conditions: 1. Standard conditions, 2. Applicant must provide a construction sequencing plan, 3. Apphcant must receive approval of Army Corps. of Engineers prior to commencement of construction, 4. Applicant must provide detail of water diversion, 5. Construction may take pie between August and November only, 6. Applicant must provide a preapproved sedimentation control plan for each phase of work when removing material from the wetlands (BVW), 7. Environmental Inspector shah he present during all phases of construction, 8. No dewatering activities other than specified, 9. Limit of work shall be clearly established in the field. Seconded by Donnelly. Lang and Benevento oppose. Motion carries (5-0-2). Old/New Business Brookwood School Hurlburt states the Commission received a letter from Thomas Neve from Ncve and Associates, Inc. regarding the Order of Conditions issued for the Brookwood School project. She reads the letter into record. Neve asks that the Commission rethink the condition requiring replacement trees to be at least 4-inch caliper. Neve recommends 2-inch caliper trees. Paluzzi moves to revise the Order of Conditions requiring the applicant to plant a total of four (4) two inch caliper trees (2 red maple and 2 oaks, seconded by Mazuy. All members in favor. Motion carries. MACC Annual Dues Conservation Commission Meeting Minutes June 13, 2000 Page 10 Hurlburr states she received a bill for the MACC annual dues. Mazuy moves to appropriate funds to pay MACC annual dues in the amount of $225, seconded by Benevento. All members in favor. Motion carries. City Landfill Lang states he would like to set money aside to test the leachate if the Commission does not get the results by June 30, 2000. Mazuy recommends writing a letter to the City Solicitor requesting an update regarding the work the city is doing at Wetland A. Mazuy moves to write a letter to the City Solicitor requesting test results of water sampling at the landfill. The letter should also state if the Commission does not receive the leache results by June 30, 2000, it will conduct its own testing expending up to $400, seconded by Paluzzi. All members in favor. Motion carries. 28 Foster's Point Hurlburr states somebody dumped truckloads of sand at 28 Foster's Point. She provided pictures. The Commission asks Hurlburt to send a letter. Assistant Planning Director's Performance Evaluation Hurlburt states that her stipend ends at the end of June. Hurlburt then recuses herself from the meeting so the Commission may discuss their recommendation. Benevento moves to write a letter to the Mayor recommending to award Ms. Hurlbutt $6,000 per year, seconded by Johnson. All members in favor. Motion carries. The meeting is adjourned at 10:40 p.m.