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2000-04-11 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission April 11, 2000 Chairman David Lang, Anthony Paluzzi, Jon Mazuy, Patricia Grimes, Dr. Mayo Johnson, Jay Donnelly and Richard Benevento Debra Hurlburt, Assistant Planning Director Chairman Lang calls the meeting to order at 7:00 p.m. Landfill Update Frank Killilea introduces Bob Winn, Project Manager from Malcolm Pemie, the consultants for the landfill project to provide an update on the wetlands associated with the landfill. W'mn introduces Joan Hanson, wetlands botanist. Hanson states that she visited the site and measured off the area to determine fithere has been an increase or decrease in the wetland acreage. Hanson states the only area that showed any kind of decrease in wetland was Wetland A. The loss is offset by an almost 2/10 of acre increase in wetlands. Hanson states Wetlands B, E, X, G have all experienced small incremental increases. Two new wetlands have developed: Wetland I (1/15 of acre) and Wetland J (2/10 of acre). Wetland F and H show no change in size. Hanson states there was an overall increase in wetlands. Lang asks how you have an overall increase in wetlands between November and April, when everything is frozen. Hanson responds that vegetation is starting to emerge now. Winn states that this is an area that is going to start developing wetlands. Lang asks if the hydrology has changed because of the grading. Hanson responds that this is a depressional area and because the landfill vegetative cover has changed from a wooded slope to a grass slope, there is more storm water runoff. Once the grass starts to grow and form a thick vegetative cover, there is not going to be as much storm water runoffand the wetland conditions may fade over time. Hanson states that at this point in time, they are exhibiting wetland characteristics. Hanson states that wetlands are a dynamic system and there will continue to be changes. Conservation Commission Meeting Minutes April 11, 2000 Page 2 Hanson states that wetlands are a dynamic system and there will continue to be changes. Benevento asks for clarification of the purpose of the presentation. Winn responds that before the landfiB project started, there was a plan that projected where wetlands would be at the end of the project. The presentation is intended to update the Conservation Commission of the wetland status. Benevento states that the Conservation Commission visited the site recently and some areas were affected by erosion but he believed, in terms oftbe magnitude of erosion, it was understandable that tbere might be some erosion. He adds that it is early to tell how any of the new wet areas are going to be affected by the landfill or how existing wet areas are going to be affected by the land fiB. Hanson states she was encouraged that the hydrology in the wetland is still very evident. Winn agreed that there are some places on the site that the contractor needs to address. Lang asks for clarification on Wetland A. Hanson responds that the hydroiogy has been removed from the system and does not have the same hydrological features that it had prior to the landfill. Hanson states that Wetland A is essentially lost. Lang states that he is not willing to accept that Wetland A is lost and he would like to see some type of rehabilitation. He states the Conservation Commission has been concerned about sedimentation since last summer and inadequate measures were taken. If it were anyone else, the Conservation Commission would have issued an Enforcement Order requiring cleaning of the site. Mazuy asks if the Conservation Commission can request measures be taken. Winn responded that the contractor, DRL, would like to wait until the middle of May to come hack and take care of the problems. The contractor claims it is too wet to get machinery onto the site. Lang states he had concerns last fall and thinks there are measures DRL should take now to prevent further damage. He adds that the material will end up in Norwood Pond. The city has been discussing uses for Norwood Pond and he would not like this situation to affect the pond. Lang states the slope is ready to just slump completely. Winn states he discovered the inadequate job and will ask the contractor to take care of the problems. Winn states the contractor needs to take out some material and put up a triple silt fence. Mazuy asks Winn if he will direct the contractor to complete the work. Winn responded he will direct the contractor to complete the work. Members discussed a one-week time frame. Pam Kampersal states she has noticed an orange stream running to Norwood Pond. She states she has heard that the contractor has crushed a main force line and asks what will be done. Conservation Commission Meeting Minutes April 11, 2000 Page 3 Hanson responds that there was a sample analyzed and there was a presence of iron and manganese, which are minerals that are found in rock and when the ground water levels pick up, it leaches out. She states it is not leachate and not harmful. Winn states that the cap has been completed so there is no leachate falling through anymore. Winn states the contractor apparently crushed the line in one or morn places. He states they have tried several things to fix the line, including raplacing the entire back half of the line, replacing the pump, etc. After a few remedies, it was pumping and keeping the water down in the well. The Foundwater has risen up and the pump has not been able to keep up. Winn adds this is a punch list item, which will be addressed in the near future. Lang asks how it has been determined that the sample is not leachate. Hanson responds that leachate that she has seen is as dark as black coffee. Lang states leachate is elevated ammonia, phosphorus, bacteria, etc. - all things that are harmful to Norwood Pond. Lang adds that he would like samples taken because it is important to know what is going into Norwood Pond. Pare Kampersal asks if Winn can put into writing that he will look at the problem and remediate it as soon as possible. Winn responds that the 'punch list' for the contractor is in writing and he could make it available for review. Mazuy asks for a copy of the 'punch list'. Winn responds that he will provide one to the Commission. Lang recommends the Conservation Commission write a letter to Frank Killilea requesting sediment control measures be put into place and sampling of leachate. Killilea states during 1999 quarterly sampling took place around the perimeter of the site and he will make the information available. Lang states he would like a sampling done at the discharge point. PaluTzi moves to send a letter requesting sediment control and sampling of leachate at the discharge point, seconded by Mazuy. All members in favor. Motion carries. Re{luest for Determination of Applicability 4 Cavendish Square - boundary determination - Bernfeld Donnelly recuses himself fi'om this portion of the meeting. Bemfeld states he would like to invite the Conservation Commission to his residence to verify the wetland flags delineated by Bill Manuell from Hancock Survey. He states that he is planning to do some landscape work in two pans: 1) installation of a stone wall along the side of the driveway Conservation Commission Meeting Minutes April 11, 2000 Page 4 and put a smell fence up to deter children from going into the wetlands and 2) take a 625 square foot area and move it to a different location and then take the 625 feet of area and turn it into wetlands and construct a retaining wall. A site visit is scheduled on April 29, 2000 at 9:00 a.m. Benevento moves to continue to the May 2, 2000 meeting, seconded by Pah,Ti. Lang, Benevento, Paluzzi, Johnson, Grimes in favor. Donnelly abstained. Motion carries (6-0-I). Donnelly returns to the meeting. 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 river front area and 100 foot buffer zone of a bordered vegetated wetland. At the last meeting there was some concern about sediment from the drive spilling down into the wetlands. Hochmuth provided a copy of a sketch to address this issue. Hochmuth proposes a grassy swale, with a two foot grassy shoulder with a 2 to 1 slope and concrete curbing, which would trap sediments. The only drawback is an increased 6 feet on either side of the road. Hochmuth states the applicant will put sod down. Beneveuto asks if the applicant intends to meintain the side slopes. Hochmuth responds that the applicant will maintain it. Mazuy asks what would prevent meterial from going into the water. Hochmuth responds that the road will be crowned and there will be curbs. The water will travel alongside the curb until it gets far enough away that it can run down into a swale to be treated. Mazuy asks if the swales will be able to handle the water with the new impervious surface. Hochmuth responds that Best Management Practices were used in the design of the plan. Hochmuth states there will be the addition of some vegetation (2 red meples and 2 birches) which will provide the canopy that was lost. Paluzzi asks about the water going into the brook. Hochmuth responds that water w'dl he treated before it goes into the brook. Mazuy asks about the fish in the brook. Hochmuth responds that he had some people from the State visit the site to look at the smelt run (Brad Chase from the Department of Marine Fisheries). Hochmuth states they gave him some ideas. Conservation Commission Meeting Minutes April 11, 2000 Page 5 Hurlburt states the Commission should be receiving a report from Brad Chase which often suggestions to increase the smelt run. Hochmuth states Chase gave him some ideas to create habitat and bring the fish hack up and possibly get the students involved at the school. Hochmuth mates they did find eggs and Rick Chute saw some smelt. Hochmuth mates he is confident the habitat will be virtually the same. Grimes asks what kind of work will be taking place. Hochmuth responds that the width of the crossing will not be increased. They will be taking precautions (i.e. hay hales, silt fences and sand bags) to prevent potential sediments from getting into the brook during construction. Lang states that he believes this is a reasonable compromise but wants to be sure the fish run is protected. He adds if the application is approve& he would want the condition that if there is sedimentation, corrective action would be taken. Hochmuth agrees to that request. Mazuy asks for more detail of the crossing. Hochmuth states he can provide more detail. Hurlburt states she would like to speak with Brad Chase regarding conditions he would recommend that would aid in the fish run. Grimes asks how the curbing is going to be put in without debris going into the brook. Hochmuth responds that information will be provided in the detail. Grinds asks about tree remediation. Hochmuth responds that there is a restoration plan. Two red maples and two birches will be planted. Hochmuth states the Conservation Commission received a letter from abutters, John and Judith Mclnness stating that they will be withdrawing any and all objections of the proposed road and now endorse the project. Lang recommends continuing until the Commission receives modifications discussed tonight and construction sequence. Lang asks the applicant to speak with Brad Chase before the next meeting and provide a letter detailing his recommendations. Hochmuth agrees. Mazuy moves to continue to May 2, 2000, seconded by Benevemo. All members in favor. Motion carries. 290 Essex Street - Abbr. Notice of Resource Area Delineation/Svmes A representative (wetlands betartist) for Symes Associates appears on behalf of the applicant. He stated the Conservation Commission has requested additional information. He states there were several outstanding issues. The Commission requested a broader scope on a ILSF calculation. In addition, another site walk has taken place and several members of the Commission artended. He Conservadon Commission Meedag Minutes April 11, 2000 Page 6 states the soils are marginal and the vegetation is leaning towards the upland side. There is a very small topographic change but the soil changes within 5 to 10 feet. He states the delineation is still valid. Mr. Richard Willjams from Hayes Engineering states the calculations were based on groundwater situation that is there in addition to the one year storm. He states they located the edge of staining around the pond which would indicate high water mark. Benevento states that he believes we are very close, within 1/100 of an acre. Mr. Williams responds that they took a very conservative approach. Benevento states the fact that it is a conservative approach is OK, what is not OK is that it is so close with a conservative approach. He adds the square foot area for the watershed line could vary by fractions based on what you use for tools. If the conservative approach was taken, the accuracy of the map could he off just slightly one way or the other. Lang asks for clarification on flag 61 B. Mr. Willjams responds that the flag number is probably G1B. All parties engage in a discussion regarding clarification of the topography. Mr. Willjams states that everyone is losing sight of the fact that they took a very conservative approach and fithey took a more aggressive approach, they could have a calculation of .22. Lang explains that this comes close to being categorized as isolated Land Subject to Flooding -- .235 acres vs..25 acres. If it is under .25 it is not under the jurisdiction of the Conservation Commission. Mazuy asks if the Commission should get the opinion of an independem consultant. Donnelly agrees. Lang states he does not want to delay this matter for the sake of delaying it. Lang states the Commission can approve the project contingent on the applicant submitting the necessary back up information that the calculations of .235 acres is accurate. If the calculations are not accurate, the applicant falls. Mr. Williams states that he is comfortable with Lung's recommendation. He did comment that they are concerned that if the Commission deems this an ILSF than they would have buffer zone issues. Ms. Hurlbun reminded Mr. Williams that ILSF does not have a buffer zone therefore the extent of the ISLF is the edge of that wetland. Mr. Rhuda of Symes Associates states with that being the case they do not want to worry about the small increase and will then accept this as being an ILSF. Conservation Commission Meeting Minutes April ll, 2000 Page 7 Benevento moves to approve the plan subject upon the plan identifying the wetland as an ILSF and to move flag GIB 25 feet north, seconded by Mazuy. All members in favor. Motion carries. 253 Essex Street - house construction & utilities/Richard & Cindv Paone Mr. Michael DeRosa appears on hehalfofthe applicants. He states the stream only meets two of the points of a perennial stream and the remaining 12 points characterize the stream as an intermittent stream. Donnelly states that he has seen the stream dry many times. Lang asks if there are any questions from the public. Lisa McFadden, 252 Essex Street, asks for clarification about the definition of perennial stream. Lar~ Ralph, 252 Essex Street states the stream has dried up, however, four of the last seven years are classified as drought years. He adds the stream has also run continuously for several of those years and there are habitats there. Ralph provides information from the National Weather Service. Henry McLaughlin, 259 Essex Street asks for clarification of the criteria used in determining the type of stream. Mr. Lang responds to the request. Benevento moves to close the public hearing, seconded by PalnTzi. All members in favor. Motion carries. MePherson Drive - reDlace bulkhead with stone revelmerit/Bass Haven Yacht Club Attorney Scott Hoeman appears on hehatfofthe applicant. Ms. Hurlbun updates the members Benevento states that at the site visit he observed that the work is consistent with the presentation and did not appear to he invasive into the salt marsh. Grimes states her concerns were addressed at the site visit. Benevento moves to close the public hearing, seconded by Mazuy. All members in favor. Motion carries. 12 Birch Woods Drive - Dool and associated work/Hamel Tony Zagami from Ferrari Pools appears on behalf of the applicant. The applicant intends to install an in-ground pool and patio. Zagami states he contacted "Dig Safe" and staked where the Conservation Commission Meeting Minutes April 11, 2000 Page 8 utility lines are locate& ~hich is beyond the scope of work. Lang asks fithere are q'~estions from the public. There are none. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. Col~swell Avenue {end) - house construction & associated work/Faust Benevento advises the board that he is an abutter on this topic and wishes to sit in the audience. He recuses himseff as a member of the Commission during this portion of the meeting. Julie Parrino and Nick Doherty from Hancock Environmental Consultants appear on behalf of the applicant. Parrino states the applicant intends to construct a single family dwelling at the end of a dead-end street, with a drivewax-. turnaround area and detention basin. The site of the proposal is upland and bordered vegetated wetland. Parino states there is a ~ream associated with the wetland. Lang asks fithere are q'2estions from the public. Benevento, 12 First SLeet, asks for clarification on the detention pond. Doherty responds that calculations have been ~one for a 2, 10 and 100 year event. Richard Bronstein, 6 B. zms Street, asks what the difference is between a perennial and intermittent stream and how will the project be affected by the conditions. Lang responds that streams are delineated cn USGS topographic map as intermittent stream and then it becomes a perennial stream. The ~ilt~rence is an intermittent stream dries up, usually in the summertime, and a perennial stream 5ows all year round. An intermittent stream is regulated differently. Perennial streams can ~e regulated under the Rivers Act, which means there is a 200 foot setback. The applicant has state~ that they believe even though the stream is intermittent to perennial status, they are still ou:_~ide the 200 foot buffer zone and the Rivers Act would not apply. Bronstein asks if the Cc. nservation Commission authorizes the creation of a subdivision. Hurlburt states that the applic~: is planning to put in a cut-de-sac and that they are property bound so whether the property c:_n be subdMded doubtful; however, there is no guarantee. Doherty adds that the applicant is prc?osing one lot only and the reason why the applicant had to go forward with a full definitive sin'mission to the Planning Board is because the Fire Department and Police Department want an er. ergency turnaround. He adds that a portion of the property will be deeded over the city because of the presence of the cul-de-sac. Hurlbutt states the Cor_--ervation Commission can only discuss wetland issues. Conservation Commission Meeting Minutes April 11, 2000 Page 9 Benevento states the Resource Area is also a contributor to the watershed area and the chance of that being filled is probably slim to none. A representative ~'om the Trustees of Reservations expresses concern about salting of the cul-de- sac and asks if the catch basin will filter the salt from going into the wetland and expresses concern about the cutting of trees. She reads a letter from the Trustees of Reservatioas requesting the Commission continue this hearing until a site visit has taken place. Lang asks if the Trustees could attend the site. Doherty responds that they could attend the site visit. Donnelly asks for a cross section of detail regarding the use of erosion controls. Mazuy moves to continue to May 2, 2000 after a site visit has taken place on April 29, 2000, seconded by Paluzzi. Mazuy, Grimes, palnr~i~ Doherty, Johnson and Lang in favor. Benevento abstains. Motion carries (6-0-1). Order of Conditions 253 Essex Street -house construction & utilities/Richard & Cindv Paone Paluzzi moves to issue the Standard Conditions, seconded by Benevento. All members in favor. Motion carries. McPherson Drive - replace bulkhead with stone revetment/Bass Haven Yacht Club Paluzzi moves to issue the following Conditions: 1. Standard Conditions; 2. Submit Preconstruction Sequence Plan prior to construction; 3. Remove all miscellaneous debris within the project and resource areas; and 4. Establish a designated beation for spoils and demolition materials (to be submitted with the Preconstruction Sequence Plan). Seconded by Benevento. All members in favor. Motions carries. 12 Birch Woods Drive - pool & associated work/Hamel Mazuy moves to issue the following Conditions: 1. Standard Conditions; 2 There shall be no pipes and discharge from the pool into the wetland; and 3. The area behind the wall shall be sodded not seeded. Seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes April I1, 2000 Page 10 Meetinl~ Place Circle - boundary marker approval Hurlburt states Thomas Neve & Associates states it is in the best interest to have post and rail fence versus the placement of boulders. There is a lengthy discussion regarding the alternatives to the placement of boulders. Mazuy moves to accept the delineation on the plan as submitted for the location of the boundary but that a 4 foot post and rail fence be substituted for the boulders as shown on the plan and maintained in perpetuity seconded by Paln77i. Motion fails 3-4. Mazuy moves to accept the delineation on the plan as submitted for the location of the boundary but that a 3 foot post and rail fence be substituted for the boulders as shown on the plan and maintained in perpetuity, seconded by Pah,7~ Motion carries 5-2. 34 - 45 West Street Hurlburt states that work was being done and was approved by the Commission, however, a member of the Commission saw a structure on the beach area. The structure was a prefab shack that the owner put lawn chairs and water activity items ~ Hurlburt states the structure is minor. Them are no footings or foundations. It is a structure that is present while the house is be[n4g tom down and rebuilt. Hurlburt states the homeowner stated that he will move it if the Commission so requests. Dr. Johnson asks fithey have added to the riprap on the coastal bank. Hurlburt responds that the homeowner states he did not. Dr. Johnson states that the shack is very close to the coastal bank. Lang recommends the Commission look at it during the day the site visits are scheduled. Commission members agree to visit the site. Brackenbun/Lane Hurlburt states Mr. Lodge is building a large cottage for guests and when the building permit came through she signed off on it because they were outside of the buffer zone. She states she wrote a letter to the construction company stating specifically that fithey encroach beyond the hay barrier line, then they have to file with the Commission. Hurlbutt states she spoke with Mr. Lodge and he stated that he cut one large tree and the others were small and they had poison ivy on them. Mr. Lodge apologizes to the Commission and he will attend the next meeting to discuss this issue further. Lang states one tree was approximately 150 years old and about 10 to 15 trees were removed fi'om along the coastal bank and Brackenbury Lane. Conservation Commi,~sioll Meeting Minutes April I1, 2000 Page 11 Hurlburr states she will invite Mr. Lodge to attend the next meeting. Ba~iew Avenue Donnelly states there is a neighbor of a recent applicant who is doing major renovations and landscaping and he does not recall the resident appearing before the Commission. Hurlburt states she will review her records. Enforcement Orders Mazuy moves to ratify the Enforcement Orders on 34-45 West Street and Brackenbury Lane, seconded by Paluzzi. All members in favor. Motion carries. Certificate of Compliance Hathaway Avenue pipe replacement Mazuy moves to issue a Certificate of Compliance regarding Hathaway Avenue pipe replacement, seconded by Paluzzi. All members in favor. Motion carries. Approval of Minutes Benevento asks to strike his comment on Page 14 regarding metals. Mazuy moves to approve the March 21, 2000 meeting minutes as amended, seconded by Benevento. All members in favor. Motion carries. T. Ford Site Lang states there was a high concentration of chemicals at the site. Lang states they are doing a risk assessment. Norwood Pond Olden House Pare Kampersal states that a site visit is scheduled to take place on April 29, 2000 at 9:00 a.m. Commission members and the public are invited to attend. The meeting is adjourned at 10:10 p.m.