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2001-10-16 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 16, 2001 BOARD MEMBERS PRESENT: Chairman David Lang, Vice-Chairman Anthony Paluzzi, Jon Mazuy, Jay Donnelly, Patricia Grimes, Richard Benevento BOARD MEMBERS ABSENT: Dr. Mayo Johnson OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Debra Hurlburt Chairman Lang calls the meeting to order at 7:00 p.m. Paluzzi moves to recess to public hearing, seconded by Grimes. All members in favor. Motion carries. Notice of Intent Continued: 39 Tozer Road – building expansion, parking & grading – John Drislane Peter Ogren from Hayes Engineering reminded members that this was a continued hearing from the last meeting in September. He also reminded members that there was an addition site inspection held as well. Mr. Ogren stated that there were two or three items that were raised from the last meeting and that he submitted a letter addressing those issues. Mr. Ogren stated that one item was in regard to why he did not consider this stream on site as a stream protected under the Riverfront area. He responded that the area is not on a USGS map and that the area is not within a 3 square miles radius. Mr. Ogren commented that some neighbors report that water hangs in the back of the site. Mr. Ogren showed the Commission the location of the old stream bed that was used prior to the new stream bed being constructed, and indicated that the pipe that was installed previously must be either crushed or buried. Mr. Ogren stated that the applicant will reinstate the pipe that is crushed or buried in the same location and that he will include a berm structure so not to direct the flow away from the residents back yards. Mr. Ogren also commented that he has indicated the location of the river on the plan as requested. He discussed a report prepared by IT Corporation that indicates that a connection to the manhole and from a surface water slow goes to a catch basin. Mr. Ogren commented that this assertion is not correct and that it doesn’t show the catch basin at the easement. Conservation Commission Meeting Minutes October 16, 2001 Page two Lang asks if the applicant will replace the 5 feet of pipe. Mr. Ogren responded that the applicant will replace the entire pipe. Lang asks how high the berm is. Mr. Ogren responded that the berm will be two feet in height. Mazuy asks whether under the Purposes of the Act, if neighbors has any rights regarding the raising of the water in their back yards. Mr. Ogren responded that this proposal meets the Storm water Management regulations. Mr. Ogren added that under the Purpose of the Act, there is a discussion of the prevention of down stream flooding but added that there should not be any increase in the water. Donnelly asks the applicant to summarize the effects of flooding downstream. Mr. Ogren responded that there will be no increase in the peak rate of runoff and that this will not increase the downstream as far as any volume but that the total volume may increase some. Mazuy asks if the height and length of the berm is enough to handle any increase. Mr. Ogren stated that he is only responding to what the concerns are. Mr. Ogren added that the old stream bed is at elevation 32. He continued that the City was to install 60 inch pipes and never did. Mr. Ogren stated that the first phase of this proposal was a joint project with the City. Joan Murphy of 36 Longmeadow Road asks what about the upstream flooding, if the increase flooding is in question of exacerbation, the Commission should look carefully at this and keep the Operation and Maintenance schedule in check and in good working order because the effects are detrimental by the railroad culvert but not this or by the culvert on Hill Street. Mazuy asks when will the 12 inch pipe be installed. Mr. Ogren responded by this fall and that the extent of the work should only take a day. Larry Van Liere of 2 Tudor Road asks if the berm area and the drainage pipe will alleviate flooding problems. Mr. Ogren responded that they should. Mr. Van Liere asks if he could get in writing that this easement area will never be opened up for a road. Mr. Ogren stated that he can’t enter through a residential zone to an industrial zone because of the zoning. He added that legally the applicant can only enter as they currently do plus a Conservation Easement would not allow for any access. Mr. Van Liere asks about flooding the back yards of Jordan Street. Mr. Ogren responded that this will have no effect on these streets. Conservation Commission Meeting Minutes October 16, 2001 Page three Carol Van Liere of 2 Tudor Street stated that in 1982 sewer pipes were not put in and questioned where that was true. Mr. Ogren responded that there are not sewer pipes there. Lang asks if there are any additional questions from the public. There are none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Cont: 75 Sam Fonzo Drive – parking lot construction – Connelly Brothers Christ Sparages of Hayes Engineering introduces himself and applicant Steve Connelly to the Board. Mr. Connelly stated that Hayes Engineering has made modifications to the plan. They are moving the parking lot away from the tree line and the federal wetland by shifting the entire site 10 feet toward Sam Fonzo Drive (west), and putting in a retaining wall. He added that they looked and considered taking the hill down but that did not work out. He also stated that they are just making the parking requirements of zoning so they are limited to some extent. Mr. Sparages showed the Board what was originally proposed and the modifications. Lang stated that at Flag A-92 there are a lot of trees coming down and he has a great concern regarding this. He added that he would still like the area moved over toward the south. Mr. Sparages responded that with the modifications there will be 22,445 feet of less impact into the buffer zone. Grimes asked about drainage and the high retaining wall, and asked the applicant to explain this. Mr. Sparages responded that there will be little to no flow over the walls. Mazuy commented that he is shocked at the proximity of the project to the BVW and wetlands. Lang commented that there will be transpiration that will not occur now with the removal of those trees. He added if the applicant had looked into filling the federal wetland and moving the site over to save the BVW and the massive trees that are being removed. Mr. Sparages responded that they are not allowed to fill any more of the 9,000 square feet that has already been filled on this site under MEPA. Mazuy asked why they did not consider a parking structure. Mr. Connelly responded that this was too expensive. Conservation Commission Meeting Minutes October 16, 2001 Page four Mr. Sparages stated that the applicant has shown how this project fits into the Performance Standards. He added that in keeping the wetland pocket there will be no water loss. Lang asked how much of the 9,000 square feet have been filled. Mr. Sparages responded all of it. Joan Murphy of 36 Longmeadow Road asked about tapering the hills to get the road in. Mr. Lang responded that they would take more trees in this type of process. Renee Mary reads a letter that she prepared for this project (see file). Paluzzi asked where the well will be installed. Mr. Connelly responded that he did not know as this time. Lang asked if there was any further comments from the public. There were none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Cont: 14 Landers Drive – Robert & Tammy Albano Mr. Albano explained that the Commission continued this from the last meeting because the Commission wanted to conduct a site inspection. Lang asked members if they were able to visit the site and if they had any questions. Members responded that they visited the site but had not further questions. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries 5-0-1 (Benevento abstains). Order of Conditions 39 Tozer Road Mazuy moves to issues Standard Commission Conditions with the following Special Conditions: · Revised plans showing location of 12 inch replacement culvert with cross section. To be reviewed and approved by Commission prior to any activity; · Revised plans indicating the 18 inch high berm with a cross section to the Commission for its review and approval prior to any activity; Conservation Commission Meeting Minutes October 16, 2001 Page five · Installation of a construction fence 5 feet inside the silt fence line to keep construction vehicles outside of protected area; and · Applicant must adhere to the Operation and Maintenance Plan. Seconded by Paluzzi. All members in favor. Motion carries 6-0. 75 Sam Fonzo Drive Paluzzi moves to issue Standard Commission Conditions with the following Special Condition: · Revised plans to be submitted to the Commission indicating the removal of the first 10 parking spaces between flags A91-A93 at the northwest corner of the drive isle. These relocated spaces shall be replaced at the southeast corner of the site. The revised plans must be reviewed and approved by the Commission prior to any activity; · The 10 parking spaces that are to be relocated shall now be a no-cut, no-disturb area; · The entire site shall be shifted 10 feet away from the BVW and towards the federal wetland. This revision shall be made on a plan and reviewed and approved by the Commission prior to commencement of activity; · Any overburden well within 500 feet of the wetland need approval by the Commission because of potential effects of dewatering wetlands; and · Applicant must adhere to the Operations and Maintenance Plan. Seconded by Grimes. Motion carries 5-1 (Mazuy opposed). 14 Landers Drive Mazuy moves to issued Standard Commission Conditions, seconded by Grimes. Motion carries 5-0-1 (Benevento abstains). Old/New Business Hurlburt stated that she has received a copy of the Snow removal plan as required for DEP File #5-732-Burger King, Order of Conditions. Members reviewed the plan. Paluzzi moves to approve plan as submitted, seconded by Benevento. All members in favor. Motion carries 6-0. Hurlburt reviewed incoming correspondences with the Commission. Conservation Commission Meeting Minutes October 16, 2001 Page six Hurlburt commented that the Wetlands Ordinance has been forwarded to the City Council who sent it to the Legal Affairs Committee. She added that Chairman Lang has been invited to that meeting on October 22, 2001. thth Hurlburt commented that the minutes of September 17 and October 16 will be presented at its next meeting. Pat Grimes informed the members that this will be her last meeting of the Commission. She stated that she wrote a letter to the Mayor when her term was up and indicated that she will not be serving another term but has enjoyed working with all the members. Chairman Lang stated that he was sorry to hear that she was resigning and that she brought a great deal of knowledge about Storm water Management and the Riverfront area to the Board, and that she will be missed. The entire membership responded and stated that they too were saddened to hear of her resignation and wished her well. Adjourn Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries 6- 0. The meeting was adjourned at 9:30 p.m.