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2000-05-02 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission May 2, 2000 Chairman David Lang, Anthony Paluzzi, Patricia Grimes, Jay Donnelly and Richard Benevento (8:50 p.m.) Jon Mazuy, 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 Applicability 5 Boyden Street - pool installation & yard improvements - Noonan The applicant, Mrs. Noonan, states she would like to square off the rear of her yard where brush is now located and add a fence, pool, swing set and expand the deck. Noonan states the property is located approximately 60 feet from a stream. Paluzzi asks if there is any standing water on the property. Noonan responds that there is no water on her land. She states when there are weeks with heavy rain, the water puddles in about 20 feet and then it drains out again. She adds that she never gets water in her cellar, and it never pools in the backyard. Lang suggests scheduling a site visit. Paluzzi moves to continue the meeting until May 23, 2000 pending a site visit, seconded by Donnelly. All members in favor. Motion carries. Paluzzi moves to recess for public hearing, seconded by Donnelly. All members in favor. Motion carries. Notice of Intent 2 Brookwood Road - Access road construction & associated work/Brookwood School Greg Hochmuth from Thomas Neve Associates appears on behalf on Brookwood School regarding construction of an access road to the Brookwood School within the riverfront area and 100 foot buffer zone of a bordered vegetated wetland. He states that at the last meeting he Conservation Commission Meeting Minutes May 2, 2000 Page 2 presented the proposed access driveway for the Brookwood School and he also presented a sketch of water quality swales, which have been added to the plan. Mr. Hochmuth states he has also provided a construction sequence, a detail showing the crossing, a detail showing how sedimentation control would be implemented during construction and operation and maintenance plan in the packet. Mr. Hochmuth adds that Rick Chute, of the Brookwood School maintenance department will be maintaining the brook. Mr. Hochmuth states that he had spoken with Brad Chase yesterday and askad him for a letter detailing their discussion about the fish run, however, Chase stated that it was not part of his protocol and if the Commission wanted a letter from him, he would do so upon request from the Commission. Hurlburt states the Commission received a letter from Brad Chase dated April 19, 2000. Chase states in the letter that with the corrections he feels pretty comfortable and recommends the work take place between March through May. Mr. Hochmuth states the applicant will be adding two trees, pursuant to Brad' s request, to provide shade for spawning smelts. He adds that 4 mature trees will be added to the restoration Lang asks what the caliper of the mature tree is. Mr. Hochmuth responds 3 to 4 inches in diameter. Grimes moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries. 218 Hart Street - pond restoration Mike DeRosa appears on behalf of the applicant, Mr. Christopher Welles, regarding pond restoration at 218 Hart Street. He states he is working with the Army Corps. of Engineers. He has had three application meetings with the Corps. of Engineers, several site walks and phone calls. He states the project has been reduced in scope by about 1/3. He adds all the same improvemems will be made to the storm water piece, all the planting shelves will remain the same. DeRosa states the project is largely reduced in scope. DeRosa states he is in the process of revising the plans and requests to continue the hearing to the next meeting. He states that when he submits to the town, the applicant will be submitting to Army Corps. of Engineers for their Category 2 Application. Lang asks what the criterion is for a Category 2 Application. DeRosa responds that the project must be over 5,000 square feet and this one is approximately 12,000 to 15,000 square feet. Lang asks for clarification regarding the process. DeRosa states the process at Army Corps. of Engineers is the applicant submits the Category 2 Application. Army Corps. reviews the Conservation Commission Meeting Minutes May 2, 2000 Page 3 application in a roundtable type of environment with U.S. Fish and Wildlife and EPA. Army Corps. then gets back to the applicant with information. Lang asks who DeRosa is working with a EPA. DeRosa responds Ed Reiner. Donnelly asks if fish will still inhabit the pond. DeRosa responds that the pond will be at the 8-10 foot depth. The planting shelves have remained the same for safety and for wildlife habitat value. Some enhancement plantings are proposed in the existing BVW to get some more diversity and density. DeRosa states he will provide mere detail at the next meeting. Lang asks if there are any questions from the public. There are none. Paluzzi moves to continue to June 13, 2000, seconded by Grimes. All members in favor. Motion carries. Cogswell Ave. {end) - house construction &associated work / Faust Hurlburt states the Commission has received a letter from the applicant requesting a continuance. Grimes moves to continue to May 23, 2000, seconded by Paluzzi. All members in favor. Motion carries. Lawrence Street Brook drainage area - drainage improvements / City of Beverly Frank Killilea introduces Virginia Roche, Senior Project Manager at Camp, Dresser & McKee, the consultant for the City of Beverly drainage improvement project. Ms. Roche provides a detailed overview of the project. Roche states the city is planning to start construction by September 1, 2000. The project will take approximately three months and the final paving will take place spring 2001. Lang recommends scheduling a site walk on May 20, 2000 at 8:30 a.m. Paluzzi moves to continue until May 23, 2000 pending a site visit on May 20, 2000, seconded by Grimes. All members in favor. Motion carries. 675 Hale Street - vegetation management for pond - Vogel The applicant, Ralph Vogel states he has resided at 675 Hale Street for 33 years. He states that he has observed deterioration in the pond, in terms of the acceleration of growth of weeds and algae. Vogel states he has derived great enjoyment and pleasure from the pond and wishes to bring the habitat back to its previous condition. Conservation Commission Meeting Minutes May 2, 2000 Page 4 Vogel introduces Gerry Smith from Aquatic Control Technology, Inc. Smith states his company specializes in pond and lake management and restoration. He inspected the Vogel pond last fall, took water samples, identified weeds and algae, and measured water depths. The pond is approximately 9/10 of acre and is fed by direct surface water. The pond was constructed in the 1940' s by the Army Corps. of Engineers. It is very shallow - approximately 2 foot average depth and 3 foot maximum. There is some accumulation of soft sediment but not as great as one would think. He states the pond is plagued by a variety of problems: vegetation along the shoreline and floating mass of algae and rooted plants that are coming from the bottom. Smith states several options were reviewed which include dredging, mechanical controls and aeration. He states the recommended method is the use of algaecides over a three-year period. The first chemical is Alum which is comnonly used in drinking water treatment plants. The second chemical to control the purple loosestrife is Rodeo, which will be spot applied by hand spraying onto the plants. Thirdly, he is looking at two aquatic herbicides that will be used to control submerged and floating vegetation. Smith states the products are widely used throughout Massachusetts in about 75 ponds and lakes annually to control vegetation. Smith states initially he proposes getting vegetation under control with two to three treatments this year and perhaps one or two treatments next year. He adds that when the vegetation is in check, the vegetation can be managed quite effectively. Smith states that in addition to Conservation Commission approval under the Wetlands Act, he has filed a site specific permit with DEP, Office of Watershed Management for a license to apply chemicals. Lang recommends taking a site visit to understand how the ecology has changed over time. He asks Smith to describe the change. Smith responds that it is a manmade pond and therefore very shallow. He adds that Mr. Vogel states the pond was free of weeds and algae until about five years ago. Lang states he would like to see information regarding Mr. Smith's other projects using algaecides. Donnelly asks where the septic system is located. Smith responds that it is several hundred feet down gradient from the pond. Donnelly asks if the applicant intends to change the pond by using chemicals. Smith responds that is what the applicant is proposing and states the chemicals have been rigorously tested over the years. He adds that mechanical harvesting is very acceptable, but when you mechanically harvest, you remove fish etc. When you chemically treat, there is no impact to food chain organisms. Donnelly states he would also like to see samples of other projects and results of the projects. Smith states he will provide information, however, he may not have a northeast regional use for the treatment of purple loosestrife. Lang states this sounds like a very unusual project and the Commission has never approved Conservation Commission Meeting Minutes May 2, 2000 Page 5 anything like this. He adds that the Commission has approved chemical usage for airports and some of the highway areas. Smith states he pulled a permit years ago (late 1970's early 1980's) to control Endicott College's ponds. He adds that in other communities this is common practice. Lang asks about the use of beetles. Smith states there are beetles that Fish and Wildlife Service is using but they are not commercially available. Lang asks if a yearly maintenance program will be necessary. Smith responds that there will be a yearly maintenance program and the pond will be carefully monitored. Lang asks if there are questions from the public. Sam Perito, 685 Hale Street asks how the applicant will apply the herbicides. Smith responds that the herbicide will be applied by a low-pressure sprayer over the water surface. Perito asks if the pond will be lowered. Smith responds that he has visited the Johnson's property and he does not intend to apply chemicals at a time when the pond is overflowing. He adds that he intends to lower the pond three to six inches. Smith states that the Johnsons are concerned that water may back up into a pipe and onto their lawn. He adds that he will take measures to assure that will not happen. Lang asks what the life span of the herbicide is. Smith responds that the half-life is 21 days in the water and it needs contact with a plant for an extended period of time (30 to 40 days) to be effective. Renee Mary, 274 Hale Street asks if the herbicides are harmful to amphibians, children or small animals. Smith responds that sonar has been used in drinking water. Mary asks about the effects sonar will have on amphibians. Smith responds that the use of chemicals will not affect amphibians. If the pond is dredged, the amphibians will be affected. Lang asks if sonar is broken down in sunlight. Smith responds that it is broken down in sunlight. (Benevento arrives at 8:50 p.m.) Joan Johnson, 677 Hale Street states she is concerned that if the pond is lowered six inches, the water may flood her backyard. She asks if the water could be kept in the wetlands on the other side of the railroad tracks and asks if the water will be lowered more in subsequent years. Lang asks if there is a buffer to accommodate a two or three inch rainstorm. Smith responds that he has not calculated that yet. He states it is a small watershed and lowering the pond six inches should be adequate. Smith adds that he believes lowering the pond could actually make the Conservation Commission Meeting Minutes May 2, 2000 Page 6 situation better and if you lower the pond incrementally at the right time, when you have a rain event, the pond can catch the rain. He adds that the pond will not be lowered until he speaks with abutters first. Lang states the Commission would need to know the size of the drainage area for the pond at the next meeting. Peter Johnson, 677 Hale Street states he supports what the Vogels would like to do, however, he wants the Commission to know his concerns. He recommends the Commission member's look at whether there is the potential to contain even slightly higher than normal levels above the spillway for the duration of the project. Johnson asks if the applicant intends to lower the pond in years two and three. Smith responds "yes." Lang asks if there are more questions from the public. There are none. Paluzzi moves to continue to May 23, 2000 pending a site visit scheduled on May 20, 2000, seconded by Donnelly. All members in favor. Motion carries. 4 Cavendish Square - boundary determination - Bernfeld Donnelly recuses himself from this portion of the meeting. Bernfeld states a site walk took place on April 29, 2000 which was attended by three members of the Commission (Paluzzi, Benevento and Dr. Johnson). He states they walked the property and discussed the project in more detail. The Commission members recommended moving one flag about two feet but there were no other concerns expressed. Benevento states he thinks the delineation appears to be adequate, with the exception of the one flag discussed at the site. He adds that the work the applicant is proposing seems reasonable but the applicant would have to come in with a well thought out plan with some discussion of replication (600 square feet). Benevento states a Notice of Intent would have to be filed and a replication plan and sequence should be outlined. He adds that he believes the Commission members did not view the project to be too invasive. Paluzzi agrees that the project is doable. Bernfeld asks about keeping debris out of the resource area. Benevento states he would not be opposed to removing debris by hand from the resource area. Benevento moves to issue a Positive 2 and 3 Determination of Applicability for 4 Cavendish Square provided the applicant move the second to last flag four feet from the back of the fence, pending the submission of a revised plan, seconded by Grimes. Motion carries. Donnelly Conservation Commission Meeting Minutes May 2, 2000 Page 7 abstains. Donnelly returns to the meeting. 45 Beaver Pond Road - addition / pool / retaining wall / utilities / Milson Tom Manetta appears on behalf of the applicant. The applicant is proposing a house addition, pool installation, retaining wall, and associated grading / landscaping. He states a mini catch basin within the patio / landscape area is being proposed to catch any runoff Manetta states he is working with Mass Electric to move an overhead electric line underground. Lang recommends scheduling a site visit on May 20, 2000 at 11:00 a.m. Paluzzi moves to continue to May 23, 2000 pending a site visit on May 20, 2000, seconded by Benevento. All members in favor. Motion carries. 240-250 Elliott Street - Modification to Order of Conditions / Marciano Benevento recuses himself from this portion of the meeting. Dillon James appears on behalf of the applicant. He introduces another representative for the Commission. James states the applicant is requesting a modification to the Order of Conditions for 240-250 Elliott Street, which was issued on August 17, 1999. He reviews the new plan. Donnelly moves to close the hearing, seconded by Paluzzi. Motion carries. Benevento abstains. Benevento returns to the meeting. Old / New Business Landfill Update - City of Beverly Frank Killilea, City Engineer appears to provide an update on the landfill. He states that there was concern at the last meeting regarding Wetland A. Bob Winn, from Malcolm Pernie indicated work could be complete in one week. Killilea states Winn meant that he could tell the contractor to put in hay bales within a week. The hay bales are in place. Killilea states he met with the contractor several times and on April 14, 2000 the third load of hay bales and silt fence was installed on the north end (a distance of about 30 feet). Killilea states efforts to remove materials from Wetland A can not be done now because it is too wet to get the large equipment in. The contractor states he will come back later this week to clean out Wetland A. Killilea states the Commission wrote him a letter regarding three items. The first was to clean Wetland A, the second and third items had to do with sampling. He states leachate sampling has Conservation Commission Meeting Minutes May 2, 2000 Page 8 been taking place for the past two years. He provided a copy of the report. The report reveals no signs of leachate. Killilea states Malcolm Pernie will conduct another sampling at the end of the month, which in accordance with the rules and regulations of the DEP. Killilea states the Commission requests the force main be fixed. He states he received a letter dated April 10, 2000 from DEP. The DEP gave permission to abandon the leachate pump station. The contractor confirmed the size of the inlet pipe to the pump station and will come back later this week to fill up the pipe with concrete. Killilea addresses the issue of items on the "punch list." He states there is an item called "Conservation Commission" on the punch list, which is one of the most undefined items on the punch list. He states he needs some input from the Conservation Commission as to what kind of activities Conservation Commission requires so the city can withhold monies, if necessary. Killilea recommends two items: green grass and cleaning out Wetland A. He states if there are additional concerns, they need to be identified. Killilea states the contractor plans to complete the work in June / July with the heavy equipment for regrading. Conservation Commission concerns would be addressed at that time. Lang asks if it would be helpful for Conservation Commission members to visit the site. Killilea responds that would be helpful. Lang recommends visiting the site on Saturday, May 20, 2000 at 11:30 a.m. 261 Hart Street - Modification Request - Gabrieli Hurlburt states the Commission has received a letter from Hancock Engineering seeking a modification to an Order of Conditions that was issued to 261 Hart Street. The applicant would like to move the two-inch PVC sewer force main from the driveway directly through the lawn, closer to the wetland. Donnelly asks why the applicant did not proposed this in the first place. Benevento states he liked the fact that it was in the road and agrees with Donnelly. Donnelly moves to require a the applicant to file a Major Modification Request, seconded by Paluzzi. All members in favor. Motion carries. Enforcement Orders 239 Hale Street - Lodge Henry Lodge appears before the Commission. He presents pictures of his new house at 40 Brackenbury to show that it is situated in woods at the edge of Brackenbury Lane. He states he Conservation Commission Meeting Minutes May 2, 2000 Page 9 had no intention to change the woods. There is a sea wall with an old stump of a maple tree that had fallen down years ago and he wanted to get rid of the stump. In front of the stump was a lot of poison ivy and bittersweet and two or three locusts growing up. Lodge states his experience with sea walls is if you let trees grow upright and tall next to the sea wall, then if you have a storm the sea wall can be compromised. He states he wanted to get the poison ivy out and put in some beach plum, bayberry and rosa rigosa, which would be better by the ocean and would not ruin what is left of the sea wall. Lodge presents pictures of the sea wall for the Commission's review. Lodge states the third side of the property, which is the Brackenbury Lane side, he intends to do nothing. He adds that the house is approximately 250 feet from the high tide. Lang states that in order to take things down along the sea wall it is necessary to appear before the Conservation Commission and apply for a permit to do so. He recommends that Mr. Lodge submit a vegetation plan for the Commission to approve. Lodge states he has a schedule of plants that are going to planted. He asks if he can submit the schedule with a letter. Lang responds that would be fine. Lang states there were a number of trees well out of the velocity zone on paper that were probably two to three inches in diameter. Lodge responds that there were four locusts right along the wall that have been cut and one maple (stump). Beneveuto moves to lift the Enforcement Order at 239 Hale Street pending submission of a planting plan and a letter stating when the work will be done, seconded by Paluzzi. Motion does not carry (2-3). Lang states the Commission does not remove Enforcement Orders until the work is done. Hurlburt states the applicant must submit a letter with a planting schedule (detailing what he intends to plant), bring it to the Commission for review and approval. When the planting is complete, Mr. Lodge must call the Commission and at that time, the Enforcement Order will be lifted. 34-45 West Street - Ammerman Tim Barry from Hugh Collins Landscape appears on behalf of the Ammermans. He states the Ammermans are happy to move the shack. The shack is holding water equipment. He states the Ammermans have owned the property for five years and have not put any riprap or rock along the edge of the ocean. Paluzzi states he visited the site. He states the concern was that there was a dump truck with equipment and the riprap looked like it was dumped there. He states when he visited the site, Commission members decided there was no problem. The riprap looked as though it had been Conservation Commission Meeting Minutes May 2, 2000 Page 10 there for a while. Paluzzi moves to lift the Enforcement Order at 34-45 West Street, seconded by Benevento. All members in favor. Motion carries. Outstanding Order of Conditions Waring School (5-375) - Addition to an existing theater and buffer zone activity Hurlburt states there is an outstanding Order of Conditions for an addition to an existing theater and buffer zone activity which is associated with assembling a walkway and landscaping. She states the Commission has received a letter from Joseph Gorges, a PE in Winchester along with a plan and as-built. Benevento moves to approve contingent upon the satisfactory review of the Commission's Agent, seconded by Paluzzi. All members in favor. Motion carries. Other Porter Street Extension Hurlburt states there was a house built on the Bass River. The Commission has received a letter from Mr. Max Corbett stating he would like to access the beach. He states he would like to put in seasonal beach access stairs. The Commission members stated that Mr. Corbett must file a Notice of Intent. Order of Conditions 240-250 Elliott Street - Modification to Order of Conditions Paluzzi moves to apply the same Order of Conditions as previously issued, seconded by Donnelly. All members in favor. Motion carries. 2 Brookwood Road - Access Road construction and associated work - Brookwood School Paluzzi moves to issue the following Conditions: 1. Follow recommendations in Brad Chase's letter; 2. Standard Conditions; 3. Submission of a Maintenance Plan; 4. New trees must be a minimum 4 inch caliper; 5. Construction can not begin after May 30, 2000 or before November 30, 2000. Conservation Commission Meeting Minutes May 2, 2000 Page 11 Seconded by Benevento. All members in favor. Motion carries. The meeting is adjourned at 10:15 p.m.