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2001-07-31 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: July 31, 2000 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Jay Donnelly, Richard Benevento, Patricia Grimes and Jon Mazuy BOARD MEMBERS ABSENT: Dr. Mayo Johnson OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 376 Hale Street – Installation of water line – Endicott College Dennis Monaco, Director of Operations for Endicott College appears before the Commission to request a determination on what is a fire suppression line that is necessary for the existing library and for a proposed library addition. The applicant came before the Commission in the spring with schematic designs, plan, footprint and elevation of the proposed addition and asked the Commission at that time for a Request for Determination for work outside the buffer zone. The Commission granted a Negative Determination. Since then the applicant proceeded with engineered plans and it was brought to the attention of the applicant by the engineer on the project that in order to install a fire suppression system in the building, which is required by the fire department, it is necessary for the college to put in an additional water line from the existing water line into the existing library building. The engineer has drawn up a plan, which places the line approximately 60 feet outside the resource area. The work would take approximately 2 days and the affected area of excavation is about 160 square feet. Upon completion of the work, the area will be backfilled, finish graded and reseeded. Lang asks if the work will be done during dry weather. Monaco responds that the college would like to do the work this fall. Donnelly asks how much rock removal is anticipated. Monaco responds minimal rock removal would be required, if any. Benevento moves to issue a Negative Determination #3 with the conditions as shown on the plan (siltation around the excavated area) and that the work be done during dry weather, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 31, 2000 Page 2 Notice of Intent Cont: Greenwood Avenue – culvert replacement & pipe installation – City of Beverly The City Engineer, Frank Killilea appears on behalf of the applicant, the City of Beverly. He is proposing a modification of a previously filed project in the interest of being able to control the water on Greenwood Avenue. He states he appeared before the Commission and proposed an additional 320 feet of 18-inch concrete pipe. The City is now proposing 130 feet of 18-inch pipe, which will carry it down the steepest portion of the road. For the remaining 200 feet, he proposes to construct two or three energy dissipaters, to dissipate the energy of the water. After the 130 feet of pipe, there would be a 6X6 rip rap pad to make sure there isn’t any further erosion at the end of the pipe. The City also proposes to install steel posts and 2 x 8 timber, which will be placed high enough to plow the snow under it. The purpose would be an indicator of the edge of the road. The headwall coming off the vernal pool will also be rebuilt. Mazuy asks if excavation will be required to install the posts. Killilea responds they would be drilled. Grimes asks a clarifying question regarding the rail. Killilea responds that the proposed rail will be steel posts in a 2 x 8 wooden plank, which would be intended for demarcation of the edge of the road. The snow would be plowed underneath it. Killilea asks how the height of the outlet for the vernal pool will be determined. Killilea responds that he is open to any suggestions. Donnelly recommends maintaining the existing elevation of the vernal pool. The other Commission members concur. Grimes asks if the pipe will solve erosion and sheet effect. Killilea responds that on the steep portion the pipe will take care of the erosion. Lang states that a lot if ideas were discussed tonight and he would like to see a revised drawing and list of different pipes discussed so members know exactly what they are voting on. He would like concrete information regarding the number and location of the energy dissipaters, location of catch basins and where they will drain to, guardrails, etc. After the City has provided that information, the Commission will discuss at the next meeting. The other Commission members agree with Lang’s request. Lang asks if there are questions or comments from members of the public. Conservation Commission Meeting Minutes July 31, 2000 Page 3 Jane Brusca, 11 Greenwood Avenue expresses concern regarding catch basins (how long they will work) and narrowing the street more than it is now. Killilea responds that perhaps the word catch basin is incorrect. He recommends drain inlets (a grate where the water can drop down and go into a pipe). Don Brusca, 11 Greenwood Avenue expresses concern regarding leaves clogging up the catch basins. He states he cleans the catch basins out now and does not want to have to clean out more. Jane Brusca expresses concern regarding the guardrail. She does not think the snow will go over the guardrail because the street is not wide enough. Killilea clarifies that a guardrail is not being a proposed. Instead, he is proposing a fence. The rail would be up high enough so that the snow would be pushed underneath a rail. The purpose of the fence is to show where the edge of the road is on that side of the street. Jane Brusca recommends using snow poles instead of a fence. Killilea responds that snow poles might be an acceptable alternative. Don Brusca expresses concern about the vernal pool being affected. Two households live on the street and he does not want to see “overkill.” He requests a hydrologist give an opinion before the level of the vernal pool is affected. Lang states if the water is getting through the headwall now, perhaps it is not necessary to change the headwall. Stella Mae Seamans states the proposed project seems to be overkill for just two houses and proposes that the City consider work on Common Lane. She also expresses concern about installing pipes between vernal pools. Elizabeth Guinard 16 Greenwood Avenue asks if there are other alternatives that are less obtrusive. Killilea responds that the pipe has been shortened from 320 feet to130 feet. For the remainder of the 200 feet, energy dissipaters will be installed in the stream to reduce the velocity of the stream. Mazuy moves to continue the hearing to the September 11, 2001 meeting with the condition that the plans are complete, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 31, 2000 Page 4 Cont.: 167 West Street – pool, greenhouse & driveway relocation – Drinkwater Mike DeRosa appears on behalf of the applicant. He states at the first meeting there was a question regarding the difference between proposed and existing impervious surfaces. The existing impervious surface calculation is 3,170 square feet and the proposed is 8,860 square feet. DeRosa states the other issue was a request to save as many trees as possible. He states the applicant would like to maintain as many trees as she can to maintain the buffer to the railroad. The trees on one side of the driveway, however, will have to come out because of the grading associated with the septic system. Lang asks if there are any questions from the public. There are none. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 9-23 Trask Street – home construction & associated grading – St. Pierre Julie Parrino from Hancock Environmental appears on behalf of the applicant for proposed construction of a dwelling. The Commission reviewed the site last year for approval of bordering vegetated wetland delineation. She shows the wetland line that was approved. The applicant is proposing a house structure, driveway and associated grading. There is limited upland area on the lot. Silt fence, bale line and erosion controls are being proposed. She states it has come to her attention that last year several members of the Commission had some concerns with flood plain issues. It is mapped as a Zone B (500 year flood plain), no defined elevation. The presumption is that the FEMA maps are correct. Mazuy asks if Parrino has examined the site to see evidence of prior flooding. Parrino responds that she has not examined the site. Mazuy asks if a cellar is being proposed. Parrino responds that she does not think a cellar is being proposed. Benevento asks if any test pits have been done. Parrino responds that there have not been any test pits. Donnelly asks if any trees will be left standing. Parrino responds that there will be a lot of removal of vegetation up to the tree line for construction purposes. Benevento asks if the proposed dwelling is going to be a single-family dwelling. Rich Martel, 7 Hills Foundation responds that the proposed dwelling is a single-family group residence (home for mentally retarded people). The proposed dwelling is an 8-bedroom ranch with a basement. He states after the test pits are complete, the applicant will determine if there will be a full basement or a crawl space. Conservation Commission Meeting Minutes July 31, 2000 Page 5 Lang asks what the distance is to the nearest wetland. Parrino responds 20 feet from flag WF3. Pam Kampersal, 241 Dodge Street states the site is in the watershed for public drinking water supply. Lang responds that the Commission knows there is shallow groundwater there and it has agreed on the wetland flagging. Benevento states that if the applicant put in a full basement, he would propose an Order be written which would require some type of measures towards dewatering. If the applicant proposes a slab, he would request the applicant notify the administrator of the change. Parrino states she would submit a dewatering plan to the Commission for approval. Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion carries. 10 Curtis Point Road – home addition - Healey Peter Ogren from Hayes Engineering appears on behalf of the applicant. He states the lot is one that the commission has visited recently relative to some work along the coastal bank. The house is situated on a knoll overlooking the harbor. There is a sunroom that is glass enclosed and there is an existing deck that walks down a staircase onto the lawn. The applicant is proposing to increase the building footprint, which includes a deck (reconfigured), enlarged sunroom with an octagonal shape a little closer to the coastal bank. The house would still be at a minimum of 37 feet from the edge of the coastal bank on the S.E. corner of the structure. Mazuy asks how much grading will take place. Thad Seimasko, Architect for the project provides clarification regarding grading. He states four feet or to ledge will need to be excavated for frost protection and he expects to hit ledge. Mazuy asks if blasting would be required. Seimasko responds that drilling and pinning to the ledge would be required. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing, seconded by Grimes. All members in favor. Motion carries. 46 L.P. Henderson Road – metal building installation – Wyler Greg Wyler appears before the Commission to request permission to build a metal building on a slab foundation. He hired Vernon LeBlanc to edge off the wetlands. The proposed building is 58 feet from the nearest wetland. There is a runoff pipe, which will be moved. He will provide hay bales and reseed any area up to the sides of the hangar. Donnelly asks if any maintenance work will be done in the building. Wyler responds “no.” Conservation Commission Meeting Minutes July 31, 2000 Page 6 Lang asks if there will be any floor drains. Wyler responds that he is not planning to have any floor drains. Donnelly asks if there is a fuel leakage, where the fuel would go. Wyler responds that it would flow onto the cement slab. Lang asks if the applicant would consider pitching the slab to one side and putting in a 2 to 3 inch depression at the end of the slab. Donnelly recommends a condition that the foundation slab would be built to hold any fuel that would leak from the plane proposed to be stored. Pam Kampersal, 241 Dodge Street expresses concern about the affect the buildings at the airport have on the water supply. She states any development should be put on hold until it is proven that there will be no damage to the water supply and she recommends testing the water. Benevento states this filing is a passive use. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 107 Brimbal Avenue – raise grade & creation of walkway – Cycles 128 Bruce Poole appears on behalf of the applicant. He states he started working with Cycles 128 a couple of years ago to do the 21E site investigation, evaluation of subsurface conditions and soils in the area. At that time, he did 7 different test pits across the entire site, including the back lot, which contains the wetlands and the forested area. In the soil log he found that there is a very unique formation. It is the only area that was not filled in the 30’s and 40’s. The applicant was putting on a ramp and obstacle course last fall. In the end, there was some fill material that was pushed over into the buffer zones. When it was recognized that the fill area had gone over the fence line and into the buffer zone, the applicant surrounded an area with hay bales and dressed it with hay and bark mulch to stabilize the area. The applicant is proposing to take the excessive slope and cut it down to 12 to 15%, dress and bark mulch it and take the fill that needs to be removed and make a walkway at the bottom of the boulder rip rap, which is there now. The walkway will serve to give access to the wetlands area and the pine tree area in the back. The applicant is also proposing to clean out the wetlands, install a catch basin and remove 8 – 10 trees (no pines). Fred White, abutter asks how the proposed project would affect Otis Road. Poole responds that it will not affect Otis Road. Benevento moves to continue the hearing to September 11, 2001 pending a site walk on Thursday, September 6, 2001 at 6:00 p.m., seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 31, 2000 Page 7 39 Tozer Road – building expansion, parking & grading – John Drislane Attorney Thomas Alexander appears on behalf of the applicant, 1943 LLC. He introduces Chuck Thibeault, a principal of 1943 LLC. The owner of the property is seeking to build an expansion of the existing Appleseed’s warehouse facility. He introduces Chairman and C.E.O., John Drislane and Jack Kelliher, Kelliher Construction. Johnny Appleseed’s has a long history with the City of Beverly. The applicant is looking to consolidate its warehousing facility at one location in Beverly. The proposed addition is 88,400 th square feet. The project was reviewed and endorsed by the Design Review Board on July 19 th and the Parking and Traffic Commission on July 24. Peter Ogren from Hayes Engineering provides an overview of the project. He states the addition was planned approximately 15 to 18 years ago. The advanced site work had already been complete. The applicant is proposing to expand 140,000 square feet. The area has been reflagged. There is a stream, which comes across Tozer Road and discharges S.E. from the project. The stream does not have bordering vegetated wetlands associated with it. It has a manmade channel, which was designed to divert the flow around the proposed structure years ago. The project involves buffer zone activity. Two retention/detention ponds are being proposed. The applicant provided a summary of runoff and pre/post flows. There is a slight reduction on peak flow. Lang asks about a piping system around the building. Ogren states he is not the 21E consultant. Lang states he reviewed the Varian Report and it appears that there are drainage pipes that were put in along the building. Lang asks if anyone is aware of what he is talking about. Ogren responds that he does not recall any under drains. He states there are some 21E problems that result directly from discharge problems at Varian. Lang states Hill Street has very deep contamination. He states he believes there is Trichlorethylene in two pipes that are discharging to the stream that ultimately goes by the Pooler property. . If you are going to take pipes that contain TCE and put them into the storm water system, it will be an issue Benevento asks the 21E expert if the Varian report was reviewed. The 21E expert responds that he did review the report. He states he was not looking for pipes as much the environmental impacts. Lang expresses concern about putting contaminated storm water into the storm water retention system. Conservation Commission Meeting Minutes July 31, 2000 Page 8 The 21E expert will look further into this issue. Donnelly states the Commission wants to make sure that the proposed work does not expose any contaminants and one way to determine that is to match the applicant’s design with the information that has already been gathered by Varian’s consultants. th Alexander states the applicant will be appearing before the Planning Board on September 18. Benevento asks if drainage calculations have been reviewed by the City Engineer. Alexander responds that the Engineering Department will review the drainage calculations. Lang recommends a site visit. Benevento requests flagging a few points along Roofs 1 and 2. The applicant agrees to continue the hearing to September 11, 2001. Mazuy moves to continue the hearing to September 11, 2001 pending a site visit on September 6, 2001 at 5:00 p.m. Order of Conditions 167 West Street – pool, greenhouse & driveway relocation Paluzzi moves to issue the standard conditions. Seconded by Donnelly. All members in favor. Motion carries. 9-23 Trask Street – home construction & associated grading – St. Pierre Benevento moves to issue the following conditions. 1. Standard conditions, 2. If dewatering groundwater from the excavation is necessary, the applicant must present a plan to the Commission prior to commencement of work. The dewatering plan shall be submitted to the Conservation Commission’s Administrative Assistant. If the Administrative Assistant is absent, the dewatering plan may be submitted to the City Engineer. Seconded by Benevento. Mazuy opposed. Motion carries. 10 Curtis Point Road – home addition - Healey Paluzzi moves to issue the standard conditions. Conservation Commission Meeting Minutes July 31, 2000 Page 9 Seconded by Grimes. All members in favor. Motion carries. 46 L.P. Henderson Road – metal building installation - Wyler Mazuy moves to issue the following conditions. 1. Standard conditions, 2. A (LSP) Licensed Site Professional must be present during the excavation of the foundation. 3. The applicant must provide a sump on the floor slab, which has the capacity to hold at least 100 gallons. 4. No floor drains. 5. Slab shall pitch out away from the doors and toward the sump. Seconded by Benevento. All members in favor. Motion carries. Modification DEP File #5-733 – Walkway – Cummings Center Gerry McSweeney from Cummings Properties appears before the Commission to request a modification to the walkway. The Commission approved the walkway at a 6-foot width. The state DEP and some citizens requested that the walkway be modified to a 10-foot width. In order to seek an amendment with the state, the applicant would have to file for an amendment to the Chapter 91 license, which would take an additional year. The applicant requests that the Commission approve a modification of the width of the walkway from 6-feet to 10-feet. Mazuy moves to modify the Commission’s approval of a 6-foot walkway at the Cummings Center to a 10-foot walkway, seconded by Benevento. Paluzzi is opposed. Motion carries. 17 Boyles Street Julie Parrino from Hancock Environmental Consultants appears on behalf of the applicant to request a minor modification to include a small 4 x 8 bump out on the side of their existing driveway. The applicant would like to use it for trash and wood storage. The applicant would also like to replace the existing porch with a covered wood entry porch. All work will be done within limits of existing disturbed areas and no work will be in the buffer zones. Benevento moves to approve the modification, seconded by Mazuy. All members are in favor. Motion carries. Old/New Business Hannah School – Installation of Play System Conservation Commission Meeting Minutes July 31, 2000 Page 10 Karen Paratore of the Hannah School P.T.O. appeared before the Commission to request permission to install a play system at the Hannah Elementary School. The play system will be located behind the south corner of the Hannah School and within the 100-foot buffer zone. The play system would be comprised of steel, aluminum and plastic and would be installed under the direction of Ron Bouchard from the School Department. Some fill would be necessary to reduce slope. Benevento states in other projects, the Commission has requested applicants to move away from the resource area. He asks what would prohibit the children from running through the resource area. Ms. Paratore responds that nothing would prohibit children from entering the resource area. Lang agrees that he would like it moved further away from the wetlands. Benevento states that work right on top of the resource area would require a R.D.A. (Request for Determination of Applicability). The members recommend discussing alternate locations with Joan Fairbank, Recreation Director and filing an Abbreviated Notice of Intent. Lang offers his assistance in selecting an alternate location. Waring School – Beetle Project Steve Locke from the Massachusetts Wetlands Restoration Program and Ms. Goodman from the Waring School appear before the Commission to request permission to release purple loosestrife- eating beetles in a wetland behind the Waring School. The program in association with the Association of Massachusetts Wetland Scientists is putting together a pilot project to do a Purple Loosestrife file control program in about 6 communities in Massachusetts to control the spread of Purple Loosestrife in the wetlands. He has received permission from the state. He has also received permission from the Natural Heritage Endangered Species Program. Locke states he is going to communities to request permission to release the beetles. Permits are not required. Mazuy asks what type of beetles control the purple loosestrife. Locke responds that they are called “gallo vacella beetles” and they come from Europe and Asia. The beetles control purple loosestrife in those areas. When people were looking to control purple loosestrife, they went to where purple loosestrife originated and found these beetles only feed and breed on purple loosestrife. Mazuy asks where the beetles go when the purple loosestrife is gone. Locke responds that they are regulated by the presence of the plant. The population is controlled according to plant densities. The beetles’ effectiveness in controlling purple loosestrife is approximately 90%. Benevento asks how mobile they are. Locke responds that they fly short distances and are very benign. Conservation Commission Meeting Minutes July 31, 2000 Page 11 The beetles have been released at the Great Meadows Natural Wildlife Refuge, Parker River Natural Wildlife Refuge and in Walpole. The success is hard to measure because it takes about 3 years for the beetles to breed and eat the plants. Benevento asks if there is any way to get rid of the beetles. Locke responds that they are somewhat susceptible to pesticides, however, he does not anticipate ever having to do that. The beetles are also very susceptible to flooding. Lang asks if the beetles have been endorsed by the U.S. Fish and Wildlife. Locke responds that the U.S. Fish and Wildlife Service runs Parker River Natural Wildlife Refuge and they have been releasing them there. The USDA approves the beetles for release and they are importing beetles into Massachusetts under that permit. Beetles have been released in 27 states and all of Canada. Benevento asks if it is possible to get an endorsement from other places where beetles have been released. Lang states he is in favor of trying the release of the beetles because loosestrife is destroying a lot of wetland habitat and a lot of the fisheries. He would like to give some type of approval contingent upon receiving some type of positive read from DEP, U.S. Fish and Wildlife and the USDA. Locke responds that the USDA and DEP have supported the release of the beetles. Locke states he would like to work with the Waring School to establish some sort of curriculum so that the children could release the beetles and monitor the changes in the purple lustrate population over time. Locke states that he is also working with a school in Lexington. He has received approval from Acton and Woburn to release the beetles. A member of the public cautions the Commission about jumping into something without doing a lot of research first. Ms. Goodman from the Waring School responds that she and her students have been studying this for five years. The researchers at Cornell University have selected these beetles because they are very specific to loosestrife. She believes this is a very conservative approach. Lang states the damage to the wetlands in Massachusetts over the past 20 years is pretty dramatic. Goodman agrees and states she has been measuring the loosestrife for the last five years and it has significantly increased in the last five years and it is encroaching the pond. Benevento agrees that loosestrife is a problem but thinks perhaps it is a good idea to err on the side of caution. Goodman responds that when the loosestrife declines, the beetle population declines. Mazuy moves to approve the dissemination of the beetles for use and testing at the Waring School, seconded by Paluzzi. Donnelly opposed. Motion carries. Conservation Commission Meeting Minutes July 31, 2000 Page 12 Benevento moves to amend the aforementioned motion adding the following: the approval is contingent upon information received by the Chairman of the Commission from U.S. Fish and Wildlife and review of the documentation, seconded by Paluzzi. Donnelly opposed. Approval of Minutes Mazuy moves to approve the minutes of July 10, 2001, seconded by Paluzzi. Benevento abstains. Motion carries. Other Pam Kampersal provides a copy of a letter from DEP. It is a notice to perform comprehensive assessment of the leachate discharge at the landfill. The DEP is asking the city to do an initial site assessment, a comprehensive site assessment of the continuing leachate and a 30-day request to remove and dispose of solid waste. Kampersal informs the Commission that tar has been dumped at the filtration plant, next to Wenham Lake on Arlington Avenue. The Commission will look into this further. Mazuy moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries. The meeting adjourns at 10:25 p.m.