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1995-04-04APRIL 4, 1995 MEETING MEMBERS PRESENT: CHAIRMAN VINNIE COTREAU, CLAYTON SMALL, GLENN TERRY, NANCY LODGE AND DR. MAYO JOHNSON. MEETING CALLED TO ORDER · 7:45 P.M. MOTION TO RECESS FOR THE PUBLIC REARING SESSION MADE BY DR. MAYO JOHNSON AND SECONDED BY GLENN TERRY. ALL IN FAVOR. FIRST CONTINUED HEARING: STOP AND SHOP / ELLIOTT STREET #5-481. REPRESENTING, ATTY. TOM ALEXANDER. HE SUBMITTED A LETTER REQUESTING A CONTINUANCE UNTIL APRIL 25. CLAYTON SMALL MOTIONED TO ACCEPT THE LETTER TO CONTINUE AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. SECOND CONTINUED HEARING BRIMBAL HILL DRIVE LOTS 1 & 2. #5-484. REPRESENTING FROM HAYES ENGINEERING IN WAKEFIELD, PETER OGREN. ALSO PRESENT, NEILAND DOUGLAS. FINAL CHANGES - SWALE ADDED AND A CATCH BASIN TO THE EASTERN SIDE OF THE ROADWAY AND TO THE SOUTHEASTERLY SIDE OF THE DRAIN / BERM. ALSO INCLUDED IN THE BERM, FLOW TO GO IN A NORTHEASTERLY DIRECTION, ALL THIS DONE, EATHER THAN TO DISCHARGEDOWN TO COLONIAL ROAD. PLAN SUBMITTED AT THIS TIME-REVISION DATE=MARCH 27. PETER OGREN WISHES FOR THE HEARING TO BE CLOSED AT THIS TIME. GENERAL PUBLIC TOM NESBITT - 18 COLONIAL ROAD HE: BOARD OF A PPEALS (ON FILE)CHANGED? PETER OGREN - EXPLAINED COMING BACK HERE TO THE CONSERVATION COMMISSION. THE CHAIRMAN EXPLAINED THE APPLICANT CANNOT GO FORWARD WITH THIS PLAN UNTIL IT IS CLEARED FROM THE ZONING BOARD OF APPEALS. GLENN TERRY - AND ONLY IF THIS PLAN IS APPROVED CAN IT GO FORWARD. NANCY LODGE - HAS THE SAME CONCERNS. CLAYTON SMALL - MOTIOMEDTOCLOSETHE HEARING, THE INFORMATION IS SUFFICIENT AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. THE CHAIRMAN CALLED FOR A RECESS FOR 5-MINUTES AT THIS TIME. THIRD HEARING CITY OF BEVERLY CROSS LANE SOCCER FIELD. SALLY MILLIGAN PARK. REPRESENTING, RICHARD MACNEILL, PROJECT COORDINATOR FOR THE CITY. THE PROJECT IS TO IMPROVE THE PARKING AREA. ALSO INCREASING THE SIZE OF THE FIELD TO REGULATION SIZE. WILL BE GOING INTO THE WETLANDS. CLAYTON SMALL - RE: THE 2 ROADS ROTATING THE FIELD WOULD THAT REDUCE THE AREA TO BE FILLED. MAC NEILL - WOULD HAVE TO REM0VE A ROW OF TREES AND THEY MAKE A GOOD BARRIER. NANCY LODGE - QUESTIONED BEYOND THE TREES. MACNEILL - THE HILL RISES TO THE PROPERTIES. CLAYTON SMALL - QUESTIONED THE TYPE OF MATERIAL USED FOR FILL. MAC NEILL - GRAVEL / LYN PACK TYPE. NANCY LODGE - QUESTIONED THE PARKING AREA SIZE. MACNEILL - IT WOULD PROVIDE PARKING FOR 40-42 CARS. CLAYTON SMALL - WHEN WILL THIS BE UNDERWAY? MACNEILL - SOON, WHEN FREE FILL COULD BE AVAILABLE. SUMMER - MID - SUMMER. CLAYTON SMALL - WANTS TO LOOK AT THIS PROJECT BEFORE CLOSING THE HEARING. SITE VISIT - SUNDAY · 11:00 A.M. GENERAL PUBLIC GARY CIAVOLO - 109 CROSS LANE HAS LIVED THERE FOR 11 YEARS. SUBMITTED A LETTER AT THIS TIME (ON FILE} FROM MIKE DE ROSA, ENVIRONMENTALIST FROM IPSWICH. THE LETTER STATED THAT THE AREA DOES FLOOD. THERE ARE NO DRAINAGE FLOOD CALCULATIONS, NO FLAGS AND NO DEMARCATIONS. THERE IS A LONG STANDING PROBLEM WITH WATER IN THE AREA, VERY LOW AREA. DEBBIE HESLOP OF 111 CROSS LANE, STATED THAT SHE HAS 4 PUMPS RUNNING AND HAS PHOTO AND IS CONCERNED WITH CREATING A WATERWAY. SHE QUESTIONED HOW IS THIS GOING TO ALTER AN ALREADY WET AREA. SHE FEELS THE CITY SHOULD BE HELD AS RESPONSIBLE AS STOP AND SHOP. DAVID HESLOP OF 111 CROSS LANE. THERE IS AN EXTREMELY HIGH WATER TABLE IN THE FALL AND SPRING. WHAT WILL CHANGES DO TO THE WATER TABLE? REFERRING TO THE DANDREO SITE CONCERNED WITH ANY FURTHER DEVELOPMENT. THE CHAIRMAN QUESTIONED THE PLAN BEING ON THE FEMA MAP. MACNEILL - NO. GLENN TERRY - HOW MUCH FILL WILL BE USED. MACNEILL - TO CROSS LANE, 50 CONTAINERS = 2.5 EXISTING FIELD, WILL RAISE ON ONE END AS TO CREATE A PLAIN SURFACE. WATER WILL BE DIRECTED AWAY FROM CROSS LANE AND WILL GO BACK TO THE WETLAND. DEBBIE HESLOP - SHOWED PHOTOS AND SHOWED A PLAN REFERRING TO THE STANDING WATER TAKEN IN JANUARY. MACNEILL - THE CITY IS JUST ELEVATING, KEEPING THE SAME FLOW. CIAVOLA - QUESTIONED THE FILL AND THE PROJECT AND THE REASON. MACNEILL - IT WILL BE A GRANULAR FILL FROM A SUBDIVISION, WHICH THE CITY HAS A CHANCE TO GET FREE OF CHARGE AND, AGAIN, EXPLAINED THE PROJECT. CONTINUED - APRIL 25TH. FOURTH HEARING MORTON INTERNATIONAL 10-12 CONGRESS ST. REPRESENTING, ALICIA BADDATZ. ALSO PRESENT, JOHN RANDALL. REFEREING BACK TO THE 1980'S, 6 DRUMS WERE REMOVED. MERCURY STILL EXISTS THERE. IN AUGUST OF 1994, DEP REQUIRED A FURTHER STUDY AND THERE STILL IS A BIT OF MERCURY THERE. AN IMMEDIATE RESPONSE ACTION GIVES DEP MORE CONTROL TO OVERSEE THE PROJECT. SUBMITTED BACKGROUND INFORMATION CORRESPONDENCE AT THIS TIME, ON FILE. NOT HERE TO DISCUSS NUCLEAR. DR. MAYO JOHNSON - QUESTIONED MERCURY, HOW DID IT GET THERE. ALICIA RADDATZ - PREVIOUS LAB DID WORK WITH HIGH VACWORK AND WITH THERMOMETERS AND FLASKS CONTAINING MERCURY. ALSO BACK IN THE 50'S - 60'S, PEOPLE DIDN'T CARE AS THEY DO NOW. JUST WORKING WITH LAB EQUIPMENT. JOHN RANDALL - SUBMITTED ADDITIONAL INFORMATION AT THIS TIME. HE EXPLAINED THE METHOD OF REMOVING THE MERCURY. IN THE NOTICE OF INTENT, THE SCOPE OF WORK IS ALL EXPLAINED, IN DETAIL, AS TO THE LOCATION OF CONGRESS STREET AND THE BASS RIVER / THE MORTON FACILITY BUILDINGS. THE MERCURYAREA IS CONTAINED IN ONE AREA (30 X 120). THE CHAIRMAN ASKED HOW DEEP IS IT TO EXCAVATE? JOHN RANDALL - WE WILL BE WORKING AT LOW TIDE CYCLES AND WILL EXCAVATE DOWN TO 24". WILL EXCAVATE INTO CENTRICULAR CIRCLES AND WILL CONTINUE TO DO SO, IF NECESSARY. WILL BACKFILL WITH SAND, OR A SIMILAR MATERIAL, TO THE EXISTING GRADE. MITIGATING MEASURES WILL CONFORM WITH SEASONAL RESTRICTIONS. (NOVEMBER AND MARCH). WILL ISOLATE THE EXCAVATION AREA. JERSEY BARRIERS WILL HOLD DOWN THE SILT FENCE WITH POSTS. WILL WORK AT LOW TIDE. ALSO TO HE-ESTABLISH THE HABITAT, (MUSSEL BEDS), WILL USE SUITABLE BACKFILL MATERIAL, RE-ESTABLISH THE EXISTING GRADE. DR. MAYO JOHNSON - QUESTIONED THE LOW TIDE MARK. JOHN RANDALL - WILL WORK AT LOW TIDE, WELL ABOVE THE WATER MARK, 4 HOURS ACTIVE WORK EACH TIDE CYCLE. 2 TIDE CYCLES DAILY. ALICIA RADDATZ -AFTER THE AREA IS CLEANED, THEN WILL GO BACK TO THE 21E PROCESS, ETC. AND WILL CONTINUE TO CLEAN UP THE AREA. CLAYTON SMALL - HOW MOBILE IS MERCURY. JOHN RANDALL - IT IS VERY MOBILE. CLAYTON SMALL - HOW WILL THIS BE REMOVED? WITH A BACKHOE? JOHN RANDALL - YES, WITH A BACKHOE AND A FRONT END LOADER. WILL USE RUNWAY MATS FOR THE EQUIPMENT ACCESS. CLAYTON SMALL - AT THE END OF LOW TIDE AND YOU ABE NOT FINISHED, HOW WILL THE CONTAMINATED MATERIAL BE CONTAINED? JOHN RANDALL - WITH A TIGHTLY WOVEN TEXTILE MATERIAL AND JERSEY BARRIERS TO HOLD IN PLACE. WILL BACKFILL AS THE EXCAVATING IS BEING DONE. TO GET CONFIRMATORY SAMPLES BACK AS TO KNOW THE DEPTH TO EXCAVATE. CLAYTON SMALL - WHAT IF RAIN OCCURS? JOHN RANDALL - WE WILL BE WORKING IN A 4 HOUR CYCLE, SOMETHING DURING THE DAY WHEN IT CEASES TO RAIN. CLAYTON SMALL - TO THE DEP REPRESENTATIVE PRESENT, QUESTIONED STUDIES DONE ON CONTAMINANTS ? GLENN TEREY - RE: OUTLET PIPE, WHERE IS IT COMING FROM. ALICIA RADDATZ - NOWHERE. THAT PLANT IS NOW SHUT DOWN AS OF SEPTEMBER 1994. GLENN TERRY - QUESTIONED THE 21E. ALICIA RADDATZ - THIS IS PART.OF THE 21E. JOHN RANDALL - SEVERAL .BORINGS WERE DONE HERE. THE MERCURY DISTRIBUTION IS ALL IN ONE DIRECTION. THE CHAIRMAN - QUESTIONED: ARE THERE TRAPS IN THE PIPE? ALICIA RADDATZ - NO, DOUBTS IT. THE DEPARTMENT OF ENERGY IS UNDER THAT BUILDING, THEY WILL BE TEARING IT DOWN AND WILL EXCAVATE THERE. GENERAL PUBLIC MARGUERITE CONDON - 19 WELLMAN STREET CONCERNS: HARBOR AND THE STUFF BEING TAKEN OUT. STUFF THAT HAS BEEN DORMANT COULD NOW SURFACE. ALICIA RADDATZ - UNDERSTANDS THE CONCEHN. THE DEPT. OF ENERGY HAS CHECKED FOR RADIATION LEVELS. JOHN CONDON - 19 WELLMAN ST. THE MERCURY CAME FROM DIGGING IN THE MUD FLATS. ALICIA RADDATZ - SAW ALL THIS IN THE FILES, THE EPA STOPPED THIS DIGGING. MAGGIE FALLONI - 9 PORTER STREET. CONCERN AS TO WHERE WILL THE WORK BE DONE? MACNEILL (CITY OF BEVERLY) IN STAGING AREAS, WHAT PROVISIONS WILL BE USED TO PREVENT CONTAMINANTS GOING INTO THE DRAIN AREAS? ALICIA RADDATZ - THERE ARE NO STORM DRAINS IN THE AREA. MACNEILL - WHERE WILL THE FLOW GO? JOHN RANDALL - BACK ONTO THE MACHINE. NANCY LODGE - WHERE WILL IT BE STORED OVERNIGHT? JOHN RANDALL - ON MORTON PROPERTY, CONTAINED ON A STAGE. ALICIA RADDATZ - THERE ABE 2 COMPANIES, 1 IN NEW YORE AND 1 IN NIAGARA FALLS THAT WILL TAKE IT AWAY AS SOON AS POSSIBLE. THE ROLLOFFS WILL NOT BE BUILDING UP. IT WILL ALL BE PRE-APPROVED AND WILL LEAVE THE FACILITY AS SOON AS POSSIBLE. THE CHAIRMAN - STATED TO CONDITION IT IN THE ORDERS THAT ANY FILL LEFT MORE THAN 2 DAYS, THE APPLICANT IS TO NOTIFY THE COMMISSION AS SOON AS POSSIBLE. THE CHAIRMAN TO THE DEP REP, ARE THERE ANY OTHER SOURCES OF POLLUTION KNOWN IN THE BASS RIVER? DEP REP - NON KNOWN AT THIS TINE. DR. MAYO JOHNSON MOTIONED TO CLOSE THE HEARING AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. AT THIS TIME, MARGUERITE CONOON QUESTIONED AS TO WHY ARE ALL THE WINDOWS BOARDED UP, ETC.? THE CHAIRMAN - IT IS NOT OUR CONCERN AND IS A SEPARATE DISCUSSION. FIFTH HEARING CONTINENTAL CABLE CONGRESS ST. RAILROAD REPRESENTING, ROBERT THOMAS FROM THE LAWRENCE OFFICE. HE EXPLAINED THE PROJECT, TO DIG ALONGSIDE THE TRACKS AND WILL NOT BE IN THE WATER, WILL COME UP 15' ON THE POLE, NOTHING WILL GO INTO THE RIVER. THE CHAIRMAN ASKED WHAT KIND OF EQUIPMENT WILL BE USED. ROBT. THOS. - NYLON ROPE WILL BE USED. THE CHAIRMAN - HOW DEEP AND WILL IT BE BURIED RIGHT AWAY. ROBT. THOMAS - DEPTH IS 18-24", AND YES, IT WILL BE BURIED RIGHT AWAY. CLAYTON SMALL - HOW WIDE WILL THE TRENCH BE DUG? ROBT. THOMAS - A FOOT. CLAYTON SMALL - WILL THE CABLE HANG FROM THE CONDUIT ALREADY IN PLACE? ROBT. THOMAS - YES, THE HANGAR THAT ALLOWS THE CONDUIT JUST TO LIE THERE. WILL NOT DRILL HOLES. GLENN TERRY - MOTIONED TO CLOSE THE HEARING, INFORMATION IS SUFFICIENT, DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. RECONVENE TO THE REGULAR NEETING. MOTIONED BY DR. MAYO JOHNSON AND SECONDED BY CLAYTON SMALL ALL IN FAVOR. DISCUSSION WITH TONY JACK, ENGINEER FROM NYNEX. RE: KULUKUNDIS-163 NEST ST. ALSO PRESENT, THADDEUS SIEMASKO, ARCHITECT. TONY JACK STATED THAT HE NEEDS TO PLACE A CONDUIT FOR PHONE SERVICE. HE SUBMITTED A PLAN, ON FILE, DEPICTING THE PROJECT AND THE LOCATION. THE CHAIRMAN ADDRESSED THE MEMBERS - WOULD LIKE TO DO THIS WITH THE PRESENT ORDER OF CONDITIONS. CLAYTON SMALL - QUESTIONED AS TO WHAT IS GROWING THERE NOW? TONY JACK - JUST GRASS, 18-20' ROW BED, ACTUAL MARSH AREA. (NO WATER). AND IS SUBJECT TO TIDAL FLOODING. CHAIRMAN - WHAT ABOUT THE OTHER SIDE OF THE ROAD? TONY JACK - THAT IS A REAL WET AREA. CLAYTON SMALL MOTIONED THAT THE WORK IS NON-SIGNIFICANT AND TO ALLOW TO DO THE WORK UNDER THE PRESENT ORDER OF CONDITIONS, DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. ORDERS / CONDITIONS FOR THE BASS RAVEN YACHT CLUB ON MC PEERSON DRIVE. CLAYTON SMALL IS CONCERNED WITH THE TREE CUTTING AND WANTS TO VIEW IT AGAIN ON SUNDAY, APRIL 9TH. GLENN TERRY MOTIONED TO ACCEPT THAT AND DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. ORDERS / CONDITIONS FOR CONTINENTAL CABLE-CONGRESS ST. RAILROAD. CLAYTON SMALL MOTIONED FOR THE STANDARDS AND DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. ORDERS / MORTON INTERNATIONAL 10-12 CONGRESS STREET. DR. MAYO JOHNSON MOTIONED FOR THE COASTAL STANDARDS AND CLAYTON SMALL SECONDED THE MOTION. PLUS 2 SPECIAL CONDITIONS IF ANY DREDGING / EXCAVATED MATERIALS ARE KEPT ON SITE FOR A PERIOD OF UP TO 48 HOURS, THE COMMISSION IS TO BE NOTIFIED IMMEDIATELY. ANY AND ALL DEBRIS, SUCH AS FLOATING DEBRIS FR0M CONSTRUCTION WORK IS TO BE CLEARED AND REMOVED FROM THE SITE ON A DAILY BASIS. AT THIS TIME, FURTHER DISCUSSION REOARDING THE BYLAWS VERSUS THE STATE REGULATIONS. CLAYTON SMALL EXPLAINED THE PROCEDURE TO THE MEMBERS AS WAS EXPLAINED TO LEGAL AFFAIRS. TO PUT IT IN WRITING. IT WILL BE BEFORE LEGAL AFFAIRS ON TUESDAY, APRIL 11TH @ 7:00 P.M. ADJOURNMENT - 10:00 P.M. MOTIONED BY DR. MAYO JOHNSON AND SECONDED BY GLENN TERRY. ALL IN FAVOR. MARIE S. COTRBAU / CLERK