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2000-02-29 CITY OF BEVERLY Public Meeting Minutes BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: OTHERS PRESENT: RECORDER: Conservation Commission February 29, 2000 Chairman David Lang, Anthony Paln~Ti, Jon Mazuy, Patricia Grimes, Dr. Mayo Johnson, Jay Donnelly Richard Benevento Debra Hurlburt, Assistant Planning Director Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 673 Hale Street - stone wall & walkway construction. nlantinl~s, etc./Ozols Ana Ozols states the project revolves around storm water management. She states she lives on Hale Street and there is a lot of flooding during heavy rainfall. The soil conditions are heavy clay and the water tends to flood over the clay, which is somewhat impervious. Ozols states she is trying to manage the water situation by constructing a retaining wall in order to slow the rate of the water problem over to her property. Ozois states she is planning to provide a planting medium for shrubs and trees and would like a small bird sanctuary in the backyard. Lang asks Ozols to show where the runoff is on the property. Ozols complies. Ozols states "Plan A" was to install a drainage mechanism on the easement but she was not able to get permission to do that. She states she and her husband have tried on several occasions to address this issue with the abutter, but they have not been amenable to discuss this. Ozols states there were three lots that were developed (upland) about 10-12 years ago. When the development was built, there was no storm water mechanism. The water naturally went to the lowest areas. Lang asks if there is a wetland on the property. Ozols responds there is no wetland. She states there is an intermittent stream that originates in a pond that is upland behind her house. Ozols states when it rains a lot, the pond flows. She states she believes this is what is considered to be intermittent stream. Ozols states all activities are minor and exempt in nature. Donnelly states he is unsure if this is the jurisdiction of the Conservation Commission. Conservation Commission Meeting Minutes February 29, 2000 Page 2 Mazuy states he visited the site and he thought there was a very small wetland at the end of the property and there might be runoff~'om it. He states it looks like there is a great deal of filling going on now and is concemed about the impact on neighbors. Ozols responds that she has seen water running from the culvert into a neighbor's property. She states the water on her property is originally from the railroad tracks and easements. Dr. Johnson states that the applicant is proposing to manage a storm water problem but it will go to the neighbor. Ozols responds that her storm water goes to the neighbor now and she is proposing to slow it down. She states trees will provide a good absorption mechanism. Dr. Johnson asks if it is possible for the applicant to do the project without the PVC pipe and catch basin. Ozols responds that it could. Hurlburt states she visited the site and she did observe the resource area to be an intermittent stream. Grimes states she visited the site and did not see what Mazuy saw. Grimes states she thinks what the applicant is proposing will help the applicants' and neighbors' situation. Lang asks fithere are any questions from the public. Joan Johnson, 677 Hale Street reads a letter to the Conservation Commission expressing concern about the discharge of water onto her property. Lang states there are two issue in Ms. Johnson's letter. First, muddy water on her property and second, will the proposed work make the run off problem worse. Ms. Johnson responds that she thinks it would send more water down the ditch. Lang asks if there are more questions from members. There are none. Grimes moves to issue a Negative Determination of Applicability #3. There is no second to the motion. Donnelly states he does not think the Conservation Commission has jurisdiction on this issue. Mazuy states if the Conservation Commission does not have jurisdiction, a Negative Determination of Applicability # 1 should be issued. Lang states a Negative #3 means the Conservation Commission has some jurisdiction. Mazuy states when he visited the site, he observed an area indicative of wetland. Behind that area is a ditch which is most halfhaTnrdly done. Olson responds that a neighbor asked the railroad not to tinish the ditch. She has asked the railroad to come back and finish the work. Conservation Commission Meeting Minutes February 29, 2000 Page 3 Hurlburr states she does not think that the bog Mazuy observed are large enough to be jurisdictional. Hurlburt recommends scheduling a site visit if the applicants are not opposed to continuing this to the next meeting. Olson states that it is an eyesore and she would like resolution. She states the proposed activities are minor and exempt in nature. Donnelly moves to issue Negative Determination of Applicability #1, seconded by Grimes. Donnelly in favor. Johnson, Mazuy and Grimes opposed. Paluzzl abstains. Motion does not carry. Lang asks if the applicant is willing to continue to the next meeting. The applicant responds that she is willing. The Commission takes a five minute recess. The meeting is called back to order. Mazuy moves to continue the discussion to its next meeting of March 21 st, seconded by Paluzzi. All members in favor. Motion carries. A site visit is scheduled to take place on March 11, 2000 at 8:30 am. Paluzzi moves to recess for public hearings, seconded by Mazuy. All members in favor. Motion carries. Notice of Intent 290 Essex Street - Abbr. Notice of Resource Area Delineation/SVmes Brian Waterman fi'om Waterman Associates appears on behalf of the applicant. Waterman states the piece of property is approximately 20 acres. The wetlands were delineated at the end of September of 1999. Hancock Engineering had conducted delineations on a portion of the site and the Commission had issued a Determination, however, the Determination expired last year. Waterman states he has walked the site and has identified several different wetland areas on the site. Waterman states there is an area in the northwest with an intermittent channel that flows off the City of Beverly property eventually discharging to a wetland system. There is an intermittent channel which flows to a detention area. Waterman states that the site is heavily wooded. The applicant is before the Commission to confirm the wetland boundaries. Lang asks fithere are certified vernal pools associated with the property. Waterman states there are no certified vernal pools or endangered species. Conservation Commission Meeting Minutes February 29, 2000 Page 4 Lang reeoramends a site visit. Lang asks if there are questions from Commission members. There are none. Lang asks if there are questions from the public. Yvonne Fuller, 211 Essex Street asks the Commission to explain what exactly will be happening at tins evening's meeting. Lang responds that the applicant is here tonight to discuss the wetlands delineation. Lang states if the delineation is not agreed upon, the DEP would have to make the final determination. If the delineation is agreed upon, the next logical step is for the applicant to determine where they can put houses and roads. Lang states the applicant would have to come back before the Commission to parsue the next step. Lang states this is the first step and the Commission is only here to look at the wetland delineation. Renee Mary, 274 Hale Street states there is a stream which becomes a major brook on the property. Mary asks if the stream system will be affected. Rich Williams, engineer from Hayes Engineering responded that will be studied in the future. Susan Nelson, 304 Essex Street stated there is a lot of wildlife and it is the last open land area in the area. Nelson states she has major water concerns. Lang states the Commission is reviewing wetland boundaries tonight. Paluzzi moves to continue the public hearing pending a site visit on March 18, 2000 at 9:15 a.m., seconded by Mazuy. All members in favor. Motion carries. 2 Brookwood Road - Access road construction & associated worldBrookwood School John Moran from Thomas Neve & Associates appears on behalf of the applicant, Brookwood School. Moran states the applicant is proposing to build an access road. Moran states once the proposed access road is beyond the wetland resource areas, it will take a hard right, head toward the City of Manchester, then outside the buffer zone and then about another 100 feet, where it crosses over into Manchester. Moran states he has already filed with the Manchester Conservation Commission and has had one meeting and site visit. At the site visit, the Manchester Conservation Commission has asked for some impervious calculations with regards to the proposed access road and the school is looking at proposing some additions at the rear of the property that would be in the buffer zone associated with wetlands in Manchester. Moran states along with the filing in Manchester, there will be the removal of several buildings. He states he has done the calculations today and will forward them to the Commission tomorrow. Moran states the increase impervious area is ¼ acre. Approximately two years ago Thomas Neve & Associates had been hired to do a study of a brook channel and existing culvert under Hale Street. During medium storms (15, 25 and 50 year storm events) they were getting a back-up up the stream. It was determined that the existing culvert under Hale Street was in poor condition at best. Moran states ins firm performed a drainage study of the area and produced a design for the Conservation Commission Meeting Minutes February 29, 2000 Page 5 replacement of the culverts, which were submitted to the Massachusetts Highway Department. They were reviewed by the Highway Department, some minor changes were made and last fall the culvert was replaced. Moran states he is proposing hay bales in the area along with silt fence, when the project reaches the brook erossing. Moran states he has revised plan which he would like to submit at the end of the meeting. The only revision is the inclusion of wooden guardrails at the brook crossing. Moran states the calculations will show the increased .5 acres of impervious area will have very little to no effect on the watershed (which is approximately a 25 acre watershed). Lang asks what the total amount of impervious cover in the entire watershed. Moran states he heileves it is about 7 acres. A site visit is scheduled to take place on Saturday, March 18, 2000 at 11 a.m. Lang asks fithere are any questions from the public. Attorney James Sexton, representing Jerry Mclnness, a direct abutter, asks if he and his client can join the site visit. Sexton states Mr. Mclnness' septic'system may he compromise& Sexton states they are concemed about the removal of trees. Two years ago there was a small path to allow some hack hoe work to he done, with a permit for a wall break, which is still there. He states there was some representation before the Manchester Conservation Commission that there was an existing curb cut on Hale Street, which is not an existing curb cut. Sexton states that it appears that over the course of time, the past ten to fifteen years, there has been a system of manmade culverts placed on the Brookwood property. There is a manmade pond at the end of the athletic field and with just a bit of snow and rain, there was a heavy flow. Sexton states he is not sure the state's work on Hale Street is going to take care of the problem. The major concern is that Mclnness' septic system has already been compromised to the point where it is unable to leach into the increasing water table. Moran states they may attend the site visit. Renee Mary, 274 Hale Street expresses concem about Chubbs Creek being designated ACEC. Hurlbun states she will look into this. Mauy moves to continue public hearing to March 213, seconded by Paluzzi. All members in favor. Motion carries. OIdfNew Business Modification Request - 35 StandIcy Street - Waring School John Scott from Rist, Shamway and Frost states subsequent to approval of the project and Order of Conditions a new issue has come about. He states he has spoken with Debbie Hurlburt and she suggested that the applicant request a modification to the project. Scott states the new science Conservation Commission Meeting M/nutes February 29, 2000 Page 6 building requires three-phase lighting power. Massachusetts Electric Company has decided that the best way to service the three-phase power is an underground primary conduit coming in off Standley Street, rather than adding three-phase power to the existing overhead lines. Scott states the new conduit comes in offStandley Street, directly down the main access area to the school, has a parking lot that crosses the intermittent stream. It crosses the resource area and therefore comes under the jurisdiction of the Conservation Commission. Scott states it will be a similar type of utility crossing that was previously approved for the other utilities. It will be fairly shallow with two 5 inch PVC conduits encased in plain concrete. It will not be a huge trench. Scott states the water line is not going to be necessary. A flow test was conducted and they found that the water line water line was mere than adequate to feed a gravity sprinkler system. Lang asks if the applicant has to dewater. Scott responds that he does not think so. It is an intermittent stream and the work is being planned to take placed during the dry time of the year. Lang states he would like to add a stipulation that if it is necessary to dewater, the applicant must contact Debbie Hurlburt to discuss the method ofdewatering. Lang asks if there are any questions liom the public. There are none. Paluzzi meves to issue a minor modification with the stipulation that the applicant contact Debbie Hurlbun and notify of the method ofdewatering, fidewatering is necessary, seconded by Mazuy. All members in favor. Motion carries. Additional Work Retluest - 28 Hill Street - IT Corporation Larry Nesbitt appears on behalf of the applicant. Nesbitt states he came before the Conservation Commission last May regarding an Order of Conditious for a sewer extension to serve 28 Hill Street. Since that time a contractor has been retained to do the work. Part of the work entails substantial service to pavement. The existing conditions of the end of Hill Street, beyond the area of work is poor. Nesbitt states it would be prudent to improve pavement all the way down to the of Hill Street (approximately 100 - 150 feet). Nesbitt states the premise of the Order of Conditions was that there would be no work in the buffer zone. The additional pavement would be in the buffer zone. Mazuy moves to issue a modification in accordance with the applicant's request, seconded by Paluzzi. All members in favor. Motion carries. Discussion with Tom Manuel regarding Cape Ann Waldorf School Tom Manuel appears on hehalfofthe Cape Ann Waldorf School seeking guidance liom the Commission regarding city owned open space in the City of Beverly. Manuel states the school is pursuing some properties that are contiguous to open space and is looking for some guidance. Manuel states there is one property in particular on Map 58 of the City Map. Manuel asks how to go about procedurally to use, lease or buy the property. Conservation Commission Meeting Minutes February 29, 2000 Page 7 Lang states this parcel was before the Conservation Commission for Beverly Girls' Softhall. He states his understanding is that the problem of the transfer to Beverly 6iris' Softhall was that the land was put in Trust for the Conservation Commission's jurisdiction. Lang states he believes the hall field could not be apprnved for passive/recreational use. Lang recommends Manuel find out what happened to the "old deal". Manuel states he is in negotiations with Mr. Sweeney on the property. He states the fields the school would propose would be between two and four fields (Lacrosse, soccer and softball). Lang states the city is actively looking for !and and the Commission's first obligation is to the city. Jenny Helmick, Trustee of the school states part of the thinking for the potential site is that there could be some benefit for the residents, too. Helmick states there could be soma beneficial use for the school and residents. The school could maintain the fields but they could be utilized by city residents. Lang asks when the school schedules games. Helmick responds that games are usually Monday through Friday, possibly some time on weekends. Donnelly recommended the Conservation Commission speak with the Open Space and Recreation Committee. He states it would help to have a policy so that there is some consistency. Mazuy states he has a very strong feeling that the Conservation Commission would not part with any property. He states he would not vote to part with any Conservation Commission property under any circumstance. Grimes states there would have to be major overriding reasons. Lang states he could see some reasons that might be somewhat palatable but he is not in favor of giving land to the private sector. Manuel states he will review more documents and perhaps come before the Conservation Commission with his findings at a later date. Beverly/Salem Water Board Lang states he got hack the analysis of the sediments on the shore of Wenham Lake. The Commission hired Menzie Cura to conduct the sampling. The sample contained aluminum, copper, lead, iron and manganese. The material levels may cause hazards to sediment dwelling organisms. Lang suggests the Commission forward the report to DEP with a cover letter expressing concern of the Conservation Commission and requesting guidance. Conservation Commission Meeting Minutes February 29, 2000 Page 8 Donnelly states it is a good idea to send the letter to DEP. Lang states the Beverly/Salem Water Board chimed there was no problem and used a testing procedure that is not the proper test. Lang states that the Commission has been wasting its time. Grimes states the Commission should write the letter to DEP. Mazuy asks if the Commission can recommend further testing at the Beverly/Salem Water Supply Board' s expense. Mazuy moves to send letter to the Chief Engineer at the DEP requesting that further testing be undertaken at the expense of the Beverly/Salem Water Board under the direction of the Conservation Commission and requesting further direction, seconded by Paluzzi. All members in favor. Motion carries. Cavendish Square - use of road salt There has been concern expressed by residents regarding the excessive use of road salt due to its proximity to the wetlands. Virginia MeGlynn received a telephone call from a resident who is concerned about the wetlands. The resident called the Department of Public Works and they stated they did not have authority to stop salting. Hurlburt states she reviewed the final Order of Conditions and this issue was not addressed. Mazuy moves to send a letter to the DPW indicating questions raised by residents of Cavendish Square regarding the necessity of extensive use of salt on the roadway, in light of the fact that it is a fiat road and a exceedingly sensitive resource area and requesting consideration of the use of less salt, seconded by Paluzzi. Lang opposed. Motion carries (4-1). 357 Hale Street - Appeal Hurlbutt states DEP dismissed the case. DEP approved the dismissal but recommended that the Shields get a 1 year extension. Mazuy moves to grant a 1 year extension to the application of 357 Hale Street, seconded by Paluzzi. All members in favor. Motion carries. Correspondence James Tremblay from N.E. Wildlife Preservation Organization sent a letter to the Commission expressing interest in cleaning up areas in the City. He states there is a city owned property on Conservation Commission Meeting Minutes February 29, 2000 Page9 Preston Place which has the presence of old plastic bags, oil tank, appliances, cars, bus body, building materials, etc. and requested the Conservation Commission look at it. The Commission asked to forward this request to the appropriate property owner to clean up. Norwood Pond The Department of Environmental Management sent a letter regarding the Norwood Pond dam expressing safety concerns and classifying the dam as a Class 2. Lang recommends the Commission send a letter to the Mayor. Mazuy moves to send a letter to the Mayor, seconded by Paluzzi. All members in favor. Motion carries (5-0). Cit~ Dump Mazuy expressed concern about the capping of the landfill and the erosion that he can see ~'om Route 128. Mazuy moves to send a letter to Frank Killilea expressing concern about the capped area washing away and requesting the contractor to take quick measures to prevent it fi'om washing into the wetlands, seconded by Paluzzi. AH members in favor. Motion carries (5-0). ADDroyal of Minutes Mazuy moves to approve the February 1, 2000 meeting minutes, seconded by Grimes (5-0). All members in favor. Motion carries. The meeting is adjourned at 9:30 p.m.