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2001-09-17 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: September 17, 2001 BOARD MEMBERS PRESENT:Chairman David Lang, Dr. Mayo Johnson, Jon Mazuy, Jay Donnelly, Patricia Grimes BOARD MEMBERS ABSENT: Vice-Chairman Anthony Paluzzi, Richard Benevento OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Karen Bradley Chairman Lang calls the meeting to order at 7:05 p.m. Request for Determination of Applicability New: 41R Brimbal Avenue – playground construction – Hannah School Kim Paratore is present on behalf of the PTO of Hannah School. She states that through fund raising they were able to purchase the playground structure. She explains that the structure will be located at the back corner of the schoolyard. Lang states that he was able to visit the site and this appears to be the prime location for the play structure. He states that this has received approval from the Parks and Recreation Commission as well. He states that there is an area that has been delineated wet behind the location of the structure approximately 30 to 50 feet away but is a fairly dry woodland area. Lang asks the Commission if there are any questions. There are none. Mazuy moves to issue a Negative Determination #3, seconded by Grimes. All members in favor. Motion carries 5-0. New: 87 Haskell Street – home construction – Hoyle Kelly Martel of DeRosa Environmental and a representative from Meridian Engineering are present on behalf of the owner. Also present is the developer for this project, Kevin Hoyle. Martel states that the only resource area on the site is Bordering Land Subject to Flooding, explaining that a portion of this site lies within the 100-foot buffer zone of Chubbs Brook. Martel states that they are proposing a single-family home with an open carport garage to allow the floodwaters to flow across the site. She states that the final grading will be the same as the existing grade. Meridian Engineering explains that the site is adjacent to Dix Park and there is a 36-inch existing drain next to the proposed driveway. Lang asks how high up above the existing structure the retaining wall is on the site. Meridian Engineering states it is approximately 5 to 6 feet high. Lang asks if it is conceivable that the Conservation Commission Meeting Minutes September 17, 2001 Page 2 garage could fill up with water since the field presently will fill up with water. Meridian Engineering states yes. Lang asks if they are of the opinion that this project will add to the flooding since water will be displaced for the proposed single-family home. Meridian Engineering states that given that the carport will be open to allow floodwaters to come they will actually be increasing the amount of storage. Mazuy asks how many times has this area flooded in the last three years. Meridian Engineering states that he is unsure but he knows that it did flood in March at elevation 29. Lang states that this property is in the middle of a flood zone that will add to the already existing problem downstream. Donnelly states that he would like to see calculations explaining the effect on the normal hydrology flow this project could have on the area. He states he would also like to see cross- sections of how this home will be built. Mazuy moves to issue a Positive Determination stating that this is land is subject to filing a Notice of Intent, seconded by Donnelly. All members in favor. Motion carries 5-0. New: 32 South Terrace – home renovation/addition – Peterson The owner of the property, Chuck Peterson is present stating that he proposes to add to the existing house staying within the same footprint. He states that he will extend the deck towards the river and add a foundation under the existing deck. He states that the house sits on ledge approximately 15 to 20 feet above the beach. Lang asks for confirmation that the proposed deck is approximately 9 feet from the river at high water. Peterson states yes, but it could be closer at high tide. Lang suggests that the Commission visit the site and continue to the next meeting. Lang asks if there are any questions from the public. There are none. Mazuy moves to continue the public hearing to the next regular meeting on October 2, 2001 and conduct a site visit on September 22, 2001 at 8:30 a.m. Mazuy moves to recess for public hearing, seconded by Johnson. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes September 17, 2001 Page 3 Notice of Intent Continued: Greenwood Avenue – culvert replacement & pipe installation – City of Beverly Lang reads a letter of withdrawal for this request from the Director of Engineering Frank Killilea. Lang states that the Commission has also received a letter from Stella Mae Seamans expressing her concern for the project. Lang asks if there are any questions from the public. John Murray, 14 Greenwood Avenue states that he has submitted a letter to Killilea requesting that the street be repaired. He explains that the road, in some sections, is near impassible and questions if this request is being considered. Donnelly states that the commission has asked the Engineer to provide the design standards for the roadway and is of the opinion that this could be a possibility. Murray states that he will contact the Department of Public Works. A Greenwood Avenue resident states that he is aware that the sewer issue will need to be addressed within the next few years but states that the road is in need of repair sooner than that timeframe. Mazuy moves to accept the letter of withdrawal from the Director of Engineering, seconded my Grimes. All members in favor. Motion carries 5-0. Cont.: 107 Brimbal Avenue – raise grade & creation of walkway – Cycles 128 Bruce Poole of SB Engineering is present to represent Cycles 128. He states that the application includes regrading the existing slope on the site and the installation of a walkway through a buffer zone area. Lang asks the Commission is there are any questions. Grimes asks what material the proposed walkway will consist of. Poole states that it will be a clay mixture that is on site. He states that the proposed walkway will be accessible from Broughton Avenue all the way out through to Otis Road. Lang asks if there will ever be access to Cycles 128. Poole states no. Donnelly states that he is in favor of preserving this area but has concern that this could eventually become an area for motor cross vehicles. Poole states that they will be willing to put up riprap areas to obstruct that type of activity. Donnelly asks if clean up of this area is part of the proposal. Poole states yes. Lang asks if there are any additional questions from the Commission. There are none. Conservation Commission Meeting Minutes September 17, 2001 Page 4 Lang asks if there are any questions from the public. Joan Murphy, 36 Longmeadow Road, asks if this property could be deeded to the Trustees of the Reservation or the Audubon Society. Poole states that it could be deeded over to the Trustees of the Reservation or Audubon in order to protect the property however, no restrictions are presently being requested for this site, they simply want to preserve it. Lang asks if there are any additional questions from the public. There are none. Mazuy moves to close the public hearing, seconded by Johnson. All members in favor. Motion carries 5-0. Cont.: 39 Tozer Road – building expansion, parking & grading – John Drislane Attorney Thomas Alexander is present representing John Drislane. He states that this is an extension of the existing Appleseed’s warehouse. Alexander states that a letter has been submitted to the Commission explaining the elevated readings in Stream A that were of concern th at the site visit on September 6. He explains the results of this investigation in detail. Peter Ogren from Hayes Engineering explains that another area of concern resulting from the site visit was the potential for a small wetland area on the bank of the stream that runs through the property. He states that this area has been flagged and explains that the pond has been reconfigured and the grade has been raised. He states that a cross section has been submitted with the plan and explains this in detail. Lang asks if there are any questions from the Commission. Mazuy asks what flows through the underground pip that runs across the parking lot area. Ogren states that this pipe conveys drainage from the two entrances and possibly the tennis club property. Mazuy asks what the pipe is that sits in the middle of the field on the property. Ogren states it is an IT test well that will stay on the site. Lang asks if there will be any additional flow into the existing 8-inch pipe into the wetland. Ogren states that there will be no connection to that pipe and there will be no underdrain needed below the building. Lang states that some order should be required to cease discharge. Donnelly states that an additional fence should be put into place, especially on the top of the banks where construction is very close. Alexander states that they agree to do an additional fence. Lang asks if there are any more questions from the Commission. There are none. Conservation Commission Meeting Minutes September 17, 2001 Page 5 Lang asks if there are any questions from the public. Carol Van Liere, 2 Tudor Road, asks if the flags on the site represent how far the proposed building will extend out. Alexander states yes. Van Liere asks if there will be a fire road around that building. Ogren states that there will be an 18-foot gravel surface around the building. VanLiere questions whether this is a perennial stream and is concerned for clean up of this area for contaminants. Lang states that this stream is not a perennial stream, therefore the Rivers Act does not apply. Mike Comeau, 4 Tudor Road, states that he has some concerns about the contamination of soils in this area as well. He explains that when the first building was initially built, some streams were rerouted which created heavy flooding issues for this neighborhood. He expresses concern that more building will worsen the already existing problems. Renee Mary, 274 Hale Street, asks when the Appleseed’s building was built. Ogren states 1981. Joan Murphy, 36 Longmeadow Road, asks if a special permit will be required to remove any existing materials. Lang states that a MPDS permit is required for certain levels. He states that the levels from the samples taken would allow removal. Lang states that a separate issue will need to be addressed with Varian since they are the source of the contamination in this area. Murphy asks why the Rivers Act does not apply here. Lang explains the criteria of the Rivers Act. Murphy asks if a schedule has been submitted for cleaning the culverts and detention ponds. Ogren states yes and explains the details of the schedule during construction as well as for annual inspections and the regular maintenance plan. An extensive discussion takes place regarding the criteria for the Rivers Act and how this stream does not apply under this act. Lang states that physical evidence would have to be submitted to determine if the stream in question could apply to the Rivers Act. Larry Van Liere, 2 Tudor Road, states that he is concerned where all the water runoff will go with the building extension covering the entire property. Lang asks for explanation as to why additional impervious cover is not going to increase the flow in the stream. Ogren states that a hydraulic study was conducted that shows that the front detention/retention basin has the capacity to mitigate the flow rates of approximately half of the building roof and the additional parking lots. He states that the flow rates will be maintained in that area. In terms of volume, he states that he has not looked at the hydraulic effect but he explains that the elevation of the stream in comparison to the neighborhood indicates that no water flows out of that stream at those elevations. Lang states that he would like to continue the hearing and visit the site. A site visit is scheduled for September 20, 2001 at 5:30 p.m. Lang asks Ogren to submit evidence why they do not believe they are in the Rivers Act for this site. Conservation Commission Meeting Minutes September 17, 2001 Page 6 Donnelly asks how much vegetation would have to be cleared to survey the topography. Ogren states that there is a definitive bank of 2 to 4 feet. Lang requests that the stream be incorporated into the map. Renee Mary, 274 Hale Street, asks for a definition of a plunge pool. Ogren states that it is a spilling basin that the DEP recommends when this type of stormwater management is used. Larry Van Liere, 2 Tudor Road, asks if the soils have been tested by Varian. Lang states that he cannot speak for Varian but is of the opinion that the groundwater in the area does contain solvents. Lang states that any contaminated soils that are dug up on the site will have to be disposed of properly. Lang advises all concerned abutters to attend the public hearing for Varian to voice their concerns. Mazuy moves to continue the hearing to the next meeting on October 2, 2001 with a site visit scheduled for September 20, 2001 at 5:30 p.m. at the end of Tudor Road, seconded by Johnson. All members in favor. Motion carries 5-0. New: 10 Avalon Avenue – reconstruction & expansion of salt-water pool – Horne Andrea Kendall and Matt Devlin of Beals and Thomas are present to represent the owners of the property Fred Horne and Sally Thompson. Kendall states that this is a request for the reconstruction and expansion of a salt-water pool and concrete patio. Kendall explains the existing conditions of the site as being surrounded by residential properties and ocean. She explains the layout of the site and states that the existing seawall on the coastal bank is the resource area on the site. She states that the entire project area is within the 100-foot buffer. Kendall explains the drainage on the property and states that the expansion of the existing rectangular swimming pool into a teardrop shaped swimming pool is being proposed as well as the expansion of the concrete patio and the installation of a stonewall/bench area and walkway. The vegetative buffer area will remain in tact and all water back flushed from the pool will be contained and moved offsite. The change in the impervious cover for the patio area will be approximately 500 square feet and the pool expansion will be approximately 635 square feet. Lang asks if there are any questions from the Commission. Grimes asks if any of the proposed concrete replacement will occur very close to the seawall. Devlin states that they are proposing to resurface the existing concrete by hand. He states that there will be no blasting involved near the seawall. Lang asks if there are any questions from the public. There are none. Donnelly moves to close the public hearing, seconded by Grimes. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes September 17, 2001 Page 7 New: 75 Sam Fonzo Drive – parking lot construction – Connelly Brothers Christ Sparages and Peter Ogren of Hayes Engineering are present to explain the proposed project. Pirages explains the layout of the site and footprint both in the present and future. He explains the planned phases of the entire project and states that the proposed drainage will accommodate both phases. He states that the watershed on this project is divided into two watersheds. He explains that the proposed condition tries to match the existing watershed conditions. He explains the primary goals of the drainage design and states that an operation maintenance plan is in place detailing the schedule of operation. A site visit is scheduled for September 22, 2001 at 9:00 a.m. Lang asks if the Commission has any questions. Donnelly asks if this property includes replicated wetlands. Ogren states yes and points out those areas that were part of the roadway project. Lang asks if there are any questions from the public. There are none. Mazuy moves to continue the hearing to the next meeting on October 2, 2001 with a site visit scheduled for September 22, 2001 at 9:00 a.m., seconded by Grimes. All members in favor. Motion carries 5-0. New: 23 Oak Street – construction of two additions, patio, landscaping & associated grading – McFadden Julie Parrino of Hancock Environmental Consultants is present on behalf of the property owners. She explains that two small additions on each corner of the front of the house, the patio and the landscaping proposed for this site. She states that the site is located within the riverfront area to Chubbs Brook and within the 100-foot buffer zone to vegetative wetlands. She states that none of the proposed addition will impact the existing riverfront area or vegetative wetland. Lang asks if there are any questions from the Commission. There are none. Lang asks if there are any questions from the public. There are none. Mazuy moves to close the hearing, seconded by Grimes. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes September 17, 2001 Page 8 Order of Conditions 107 Brimbal Ave. – raise grade & creation of walkway – Cycles 128 Donnelly moves to issue Standard Order of Conditions with the following conditions: · No access from Cycles 128; · The chain link fence must be maintained; · Access to the walkway shall be from Broughton Drive, no greater than 18 inches in width, some kind of vertical restraint to eliminate motorcycle access, and must be approved by Conservation Agent; · Clean out existing resource areas of all debris such as tires, metal objects, drums, trash, etc. Seconded by Grimes. Motion carries 4-0-1. Mazuy abstains. 10 Avalon Avenue – reconstruction & expansion of salt-water pool – Horne Johnson moves to issue Standard Order of Conditions with the following conditions: · No discharge of filtered materials from the swimming pool into the ocean; · No blasting to occur on the site. Seconded by Grimes. Motion carries 4-0-1. Mazuy abstains. 23 Oak Street – construction of two additions, patio, landscaping & associated grading Mazuy moves to issue Standard Order of Conditions, seconded by Grimes. All members in favor. Motion carries 5-0. Certificate of Compliance DEP File #5-640 –10 Middlebury Lane – John Graves John Graves is present with a letter from Hayes Engineering that describes the completed project. He also presents a Topographic Plan and photographs of the riprap wall. Hurlburt states that she has visited the site and it looks complete. Johnson moves to approve the Certificate of Compliance for 10 Middlebury Lane – DEP File #5- 640, seconded by Mazuy. All members in favor. Motion carries 5-0. DEP File #5-716 – 62 South Terrace – Michael Burta Conservation Commission Meeting Minutes September 17, 2001 Page 9 Michael Burta is present and presents the Commission with photographs of the completed project. Hurlburt reminds the Commission of the project stating that the project entailed relocating water and sewer lines. Lang asks if there are any questions from the Commission. There are none. Mazuy moves to approve the Certificate of Compliance for 62 South Terrace – DEP File #5-716, seconded by Johnson. All members in favor. Motion carries 5-0. DEP File #5-689 – 2 Boyles Street – Estate of Evelyn Bartlett John Dick of Hancock Environmental states that approximately 6,000 square feet of wetland area was replicated. He states that the topography of the underlying material was preserved. He states that the site is completely replicated in accordance with the Order of Conditions. Lang asks the Commission if there are any questions. Lang asks the status of the 21E. Dick states he is unsure of the status. Johnson asks what was covering the wetlands. Dick states rubbish was covering the wetland area consisting of building demolition rubbish, solid fill, and backfill from sewer and water excavations. Lang states that he will visit the site to observe the replicated areas. Johnson moves to approve the Certificate of Compliance for 2 Boyles Street – DEP File #5-689 based on the Commission Agent’s inspection, seconded by Grimes. All members in favor. Motion carries 5-0. Old/New Business Beverly Airport Vegetation Plan discussion A gentleman from Baystate Environmental Consultants is present and explains the yearly operational vegetation plan for Beverly Airport. A detailed discussion takes place on the foliage maintenance. Correspondence regarding 9 Dodge Street Lang states that the Commission has received a letter from Attorney John Collucci representing the owner of the property, Morse. Lang reminds the Commission of the state of this property and states that he will refer the letter to the City Solicitor. Conservation Commission Meeting Minutes September 17, 2001 Page 10 Mazuy moves to refer the letter to the City Solicitor for action and is to confer back to the Conservation Commission, seconded by Johnson. All members in favor. Motion carries 5-0. Jubilee Yacht Club George Whitney is present to represent the Jubilee Yacht Club. He explains the letter that was sent to the Commission stating that maintenance dredging was completed three years ago and now it has to be done again. He states that at the time, three years ago, they received all the required approvals for the project. He states that the Order of Conditions in this case has a term of ten years. Whitney details Chapter 131, Section 40 that explains the extension of the ten-year term. Hurlburt reads a section of Chapter 131, Section 40 to the Commission that is referenced in Whitney’s letter. Hurlburt states that she requested Whitney to write this letter for the record. Lang suggests that the Commission review this statute. The Commission is in agreement to allow the dredging based on the findings. Enforcement Order Cummings Center Bruce Oveson and Gerry McSweeney are present representing Cummings Center. Lang states that he received a call from DEP stating that work was being done outside the Notice of Intent. Lang states that he issued a Cease and Desist Order. Oveson explains the area where they were working and explains the Chapter 91 elevated 10-foot walkway that is being constructed. He states that fill has come out of the culvert in this area so he extended the riprap into the resource area. He states that he never notified the Conservation Commission that he was doing this. He states that his reason for going into the resource area was to accommodate the required 10-foot width for the walkway. A discussion takes place on the alternatives for construction of this area of the walkway. Lang asks how wide the bridge has to be. Oveson states 10 feet. The Commission recommends that this area be replicated. Mazuy moves to withdraw the Enforcement Order, seconded by Johnson. All members in favor. Motion carries 5-0. Conservation Commission Meeting Minutes September 17, 2001 Page 11 Mazuy moves to issue new Enforcement Order prohibiting any work until submission and approval of a Remediation Plan for replication of the 6 ft. X 22 ft. filled area shown on drawing C2 dated August 28, 2001 by the Conservation Commission, seconded by Johnson. All members in favor. Motion carries 5-0. 39 Prince Street Donnelly explains to the Commission that there is an area of beach being used as access for construction equipment for the construction of a tennis court at 39 Prince Street. Hurlburt states that she will send the Building Inspector to the site and issue a Cease and Desist Order if necessary. Varian Mazuy moves to issue Varian an Enforcement Order to cease discharging TCE into Stream A at Johnny Appleseed’s and prepare a plan to remove the discharge, seconded by Grimes. All members in favor. Motion carries 5-0. Healy – 1 Grove Street Hurlburt states that she received a letter from Mr. Healy requesting approval for the installation of a fence next to a stream. Donnelly asks if Hurlburt asked them to submit a plan. Hurlburt states no. She asks the members to visit the site to make an assessment of the site. Johnson and Mazuy states that they will visit the site and will report their opinion back to Hurlburt. Norwood Pond Association Pam Kampersal is present and explains that the owners of the Commodore property are offering the Norwood Pond Association the opportunity to discuss the condition of the site. She asks if a member of the Conservation Commission could attend this meeting. Lang states that Kampersal should contact the Conservation Commission when the date has been finalized and a member of the Commission can attend if possible. Approval of Minutes Donnelly moves to approve the minutes of the July 31, 2001 and August 25, 2001 meetings, seconded by Mazuy. All members in favor. Motion carries 5-0. Hurlburt distributes the revised Wetlands Protection Ordinance to the Commission members. Lang asks the members to review the ordinance prior to the next meeting in order to go to the City Council. Conservation Commission Meeting Minutes September 17, 2001 Page 12 Adjourn Donnelly moves to adjourn, seconded by Mazuy. All members in favor. Motion carries 5-0. The meeting is adjourned at 10:20 p.m.