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2001-11-20 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 20, 2001 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy, Richard Benevento BOARD MEMBERS ABSENT: OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 30 Tozer Road – detention basin in buffer zone – Datum Hurlburt requested Datum to file for an RDA because it was determined that a portion of work being performed at the site falls within the buffer zone (approximately 30 feet at the closest point). George Burnett and Daniel Dunn appear on behalf of the applicant, Datum. Burnett states that the project is an addition to the building. There is a detention basin connecting into an existing swale, which diverts into a wetland. There is a small area (approximately 200 square feet) of brush that was cut in the buffer zone. Donnelly asks how the runoff will affect the downstream areas. Burnett responds that everything will be caught in the detention basin and the site drainage is not being altered much. Lang asks if hay bales and siltation fences are being utilized at the site. Burnett responds yes. Mazuy asks how the applicant knows it will be sufficient to withstand the current amount of rainfall. Burnett responds that he will provide the calculations. Lang asks if there are any questions from the public. There are none. Benevento moves to grant a Negative Determination #3, seconded by Donnelly. All members in favor. Motion carries. Conservation Commission Meeting Minutes November 20, 2001 Page 2 376 Hale Street – sewer line in buffer zone – Endicott College Joseph Orzel from the Gulf of Maine Research Institute and Joe Werkowski appear on behalf of the applicant, Endicott College. The applicant is requesting a Request for Determination for the installation of a sewer line in the buffer zone. Orzel states that 27 feet of the six-inch sewer line and manhole will be installed approximately 4 feet deep. There will be approximately 150 square feet of alteration. Mazuy asks if the work can be completed in one day. Werkowski responds that it can. Mazuy moves to issue a Negative Determination #3, seconded by Benevento. All members in favor. Motion carries. Notice of Intent 150 Sohier Road, 31 & 32 Tozer Road – well installation – IT Corporation The applicant has filed a Notice of Intent to seek approval to install monitoring wells. Jeff Plant and Karen Brody appear on behalf of IT Corporation. Also present is Seth Jaffey, counsel for the applicant. Plant states the request is to seek approval to install 17 monitoring wells in association with the Varian project. There are two streams in the area (an unnamed stream and one referred to as “stream A”). It will be necessary to do some clearing for two of the wells (approximately 2700 square feet). Lang asks if there are any questions from members of the Commission. Donnelly asks if there are drawings which would illustrate what a typical well setup would look like during operation. Plant responds that he can provide that information. It would be approximately a 20 x 20 foot area for each well. When it is done, it will be a 2 x 2 foot area. Donnelly asks the applicant to provide photos. Donnelly asks what the potential for outflow is. Plant responds “none” and it is “containerized.” Lang asks if the ejection wells will be near stream A. Plant responds “yes.” Lang expresses concern about ejection wells near the stream. Benevento asks if the area being cleared will be hand cut. Plant responds that it will be hand cut. Plant states that he expects it will take 3 ½ months to do all of the work. Conservation Commission Meeting Minutes November 20, 2001 Page 3 Lang asks if there are questions from the public. A resident of 27 Sonning Road asks if there has been testing in her area. Brody responds that there are two wells on Sonning Road at approximately 50 feet below grade. The shallow water is clean. David Doyle asks how many well will be test wells. Plant responds that 8 of the 17 wells will be injection wells and the rest of the wells will be observation wells. Lang asks if the applicant will need the permission of the homeowners to allow access. Plant responds that the applicant will need permission from the homeowners. Steve Connelly states he has not been asked to sign a permission form to access his property. Brody states that the Phase 4 report lists which of the wells are injection wells and which are observation wells. Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion carries. 400 Hale Street – sports facility construction – Endicott College Joseph Orzel introduces the project engineer, John Amano and Dennis Monaco, Director of Operations at Endicott College. Amano states at the last hearing the Commission asked for the drainage from the softball field to be revised. The softball field has been raised 2 – 2 ½ feet in elevation to reduce the amount of ledge cut. Most of the work will drain toward the site. In areas where that is not the case, hay bales will be put in place to back up silt fences. The Conservation Commission members expressed concern regarding the limit of work and its relationship to siltation fences. Orzel states that there will be treatment in the parking area. Lang asks if there are questions from members of the public. Renee Mary, 274 Hale Street states that the Commission should not approve the project tonight. She expresses concern regarding the wildlife population, impact on the resource areas and left over materials on the site. Amano responds that the applicant has no intention to put material in the buffer zone. Benevento asks if the applicant intends to do all of the proposed work now or at a future time. Amano responds that the intention would be to permit it as one project. In three years the owner Conservation Commission Meeting Minutes November 20, 2001 Page 4 hopes to have funding to fund the rest of the project. Donnelly states he would like to recommend a condition to control lighting at the site -- to stay on the field and not in the resource area Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion carries. Orders of Condition 400 Hale Street – sports facility construction - Endicott Paluzzi moves to issue the following conditions: 1. Standard conditions. 2. Limit of work shall be at the hay bale/silt fence line. A construction fence shall be set four feet inside the site fence line in areas feasible to install; 3. If lighting is proposed, applicant is subject to submittal of a lighting plan, per the approval of the Conservation Commission, which would minimize effects on the resource area from illumination. Seconded by Dr. Johnson. All members in favor. Motion carries. 150 Sohier Road Mazuy moves to issue the following conditions: 1. Standard conditions. 2. The Order of Conditions does not include the injection of permanganate. A separate permit must be issued by the Commission for permanganate injection; 3. The Order of Conditions does not provide permission, either expressed or implied to go onto private property. Applicant shall secure permission to access private property. 4. No containerized waste onsite for more than 30 days in the buffer zones. Seconded by Benevento, all members in favor. Motion carries. Old/New Business Discussion of letter from Foley & Hoag regarding Varian Enforcement Order There is discussion regarding a letter the Conservation Commission received from the law firm of Foley & Hoag regarding the Varian Enforcement Order. Counsel contends that the discharge of TCE has not altered any land. Conservation Commission Meeting Minutes November 20, 2001 Page 5 Benevento states they are discharging into a stream and that is the jurisdiction of the Conservation Commission. Hurlburt recommends the Commission write a letter to the City Solicitor and request that he advise the Commission on the issue of jurisdiction. Benevento moves that the Conservation Commission write a letter to the City Solicitor requesting him to review the Varian letter and advise the Commission on the issue of jurisdiction, seconded by Paluzzi. All members in favor. Motion carries. Discussion of letter from Innovative Solutions, Burger King site Hurlburt states Innovative Solutions has sent a letter providing a summary of activities that have occurred at the site to date. Essex County Greenbelt Associate membership renewal Mazuy moves to approve renewal of the membership of the Essex County Greenbelt, seconded by Benevento. All members in favor. Motion carries. Mazuy moves to adjourn, seconded by Donnelly. All members in favor. Motion carries. Other Business The members discussed the best date to hold a Christmas party for the Commission. December th 15 at 7 p.m. at Chairman Lang’s house was decided upon. The meeting is adjourned at 8:55 p.m.