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2001-07-10 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: July 10, 2001 BOARD MEMBERS PRESENT:Chairman David Lang, Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Jon Mazuy, Jay Donnelly, Patricia Grimes BOARD MEMBERS ABSENT: Richard Benevento OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director RECORDER: Karen Bradley Chairman Lang calls the meeting to order at 7:05 p.m. Mazuy moves to recess for public hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Notice of Intent New: 167 West Street – pool, greenhouse and driveway relocation - Drinkwater Mike DeRosa from DeRosa Environmental is present on behalf of the owner, Wendy Drinkwater. Also present is the Landscape Architect for the project, Hugh Collins. DeRosa states that this proposal is for the addition of a pool within the buffer zone to a coastal bank that is a 4 to 8 foot high seawall. He explains the landscape plan prepared by Hugh Collins as well as the Survey Plan that shows the existing wetland resource areas that was complied by Vernon LeBlanc. He states that all abutters have been notified. DeRosa states that the plan proposes to relocate the existing driveway further in away from the property line to enable them to plant wetland vegetation on both sides of the driveway. They are proposing to fill approximately 267 square feet and replicate almost 3,000 square feet in this area. He states that the primary reason for the relocation of the driveway is for safety purposes entering and exiting the property. DeRosa explains that the proposed pool will be located in the rear of the property approximately 15 feet away from the upper coastal bank. He states that this pool will be self-supporting with no impact on the existing seawall. DeRosa explains that the existing greenhouse with an indoor pool will be removed and the footprint will be slightly reduced. He states that any excavated materials will either be used on site or removed from the site. He states that haybales are in place in the replication areas around the entire property. He states that a 2-year Aftercare Program has been included in the Landscape Plan to ensure that all replicated planting areas have been established. Lang asks the Commission if there are any questions. Conservation Commission Meeting Minutes July 7, 2001 Page 2 Mazuy asks what will be done with the excavated material from the existing indoor pool. DeRosa states that it will be temporarily stockpiled in the parking lot area and then used for the driveway or the new pool. He states that whatever is not used will be removed from the site. Grimes asks how any of the invasive plants will be removed. DeRosa states by hand. Grimes asks if there will be any disturbance to the seawall for the pool or the greenhouse. DeRosa states there will not. Lang asks how they plan to change the upland area to wetland area with the existing hydrology. DeRosa states that a mix of loam and compost material will be used to produce the proper hydrology. Paluzzi asks how much impervious area will increase. DeRosa states that he will have to calculate that information and will bring it to the site walk. Paluzzi asks where the water will flow from the impervious area. DeRosa states that it will sheet flow. Donnelly asks if cross sections have been completed. DeRosa states that they are in Appendix F. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Paluzzi moves to continue the hearing to the next meeting on July 31, 2001 with a site inspection scheduled for July 18, 2001 at 6:30 p.m., seconded by Mazuy. All members in favor. Motion carries 6-0. Continued: 9 Ober Street – pool, landscape and addition – Charles Harris John Dick of Hancock Environmental explains that the Harris property sits on top of a stable coastal bank approximately 25 to 30 feet high. He states that the velocity zone is this area is at elevation 15. He explains that there is approximately 3,000 square feet of alteration proposed for this site, 650 square feet of it being new plantings. He states that the activity extends to within 6 feet of the coastal bank. Lang asks if the Commission has any questions. Paluzzi asks where the pool filter will be located. Dick states that the proposed location of the filter is underneath the deck, but states that it can be moved up to the area of the house if requested by the Commission. Donnelly asks if any of the existing trees on the coastal bank will be touched. Dick states a silt fence will be installed at the existing picket fence and nothing will be touched. He states that there is no reason to go beyond the footprint of the pool. Conservation Commission Meeting Minutes July 7, 2001 Page 3 Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Request for Determination of Applicability New: 233 Dodge Street – construction of a 16’ x 16’ addition – Miller The owner of the property is present and states that 3 years ago the Commission granted approval for this project, but due to personal reasons the project could not be completed within the 3-year timeframe. Miller states that there has been a minor change to the plan to include the addition of a patio near the pool. Lang asks the Commission if there are any questions. Mazuy asks if Miller plans to adhere to the same conditions that were granted 3 years ago. Miller states yes confirming that haybales are already in place as shown on the plan. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Mazuy moves to issue a Negative Determination #3, seconded by Grimes. All members in favor. Motion carries 6-0. West Street – electric switchgear unit installation – Mass Electric Elizabeth Green of Massachusetts Electric is present and explains that this project is necessary to have a more reliable circuit. She explains that there is no way to check the present cable for faults. She explains that Massachusetts Electric is proposing to intracept the cable that runs along the MBTA Railroad tracks at the corner of West and Hale Streets. She states that MassHighway owns the property. She states that they will excavate a trench approximately 30 feet long to intracept the cable and bring it perpendicular to the tracks to a switchgear manhole unit. The proposed manhole to be installed is a 16’ x 9’x 10’ pre-packed concrete manhole. She explains that there is a wetland approximately 60 feet away and they plan to install haybales along the edge of that wetland, but the MBTA is using the area as a stockpile area for materials. Conservation Commission Meeting Minutes July 7, 2001 Page 4 Lang states that the MBTA should be notified that this material is in the way and that it should be moved. He states that if there are any problems they should notify Hurlburt. Lang asks if any of this work will be below the watertable. Green states that the installation of the manhole could be below the watertable. Lang asks what they plan to do. Green states that they will have to dewater with a circular haybale detention area. Lang states that a plan should be submitted prior to starting any of the proposed work. Paluzzi asks if the manhole will be watertight. Green states that no manhole is ever really water tight, but will not be connected to any other manholes. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Grimes moves to issue a Negative Determination #3 with conditions, seconded by Paluzzi. All members in favor. Motion carries 6-0. Paluzzi moves to approve the following conditions for the Negative Determination #3 for West Street: 1. Submission of the Pumping Plan for the manhole installation; 2. Submission of a detailed plan for the dewatering system; 3. Haybales in place prior to construction. Seconded by Donnelly. All members in favor. Motion carries 6-0. New: 30-32 Newbury Street – shed construction – Grasso [Paluzzi recuses himself from this portion of the meeting.] Michael Grasso is present and states that he is of the opinion that he is exempt from this filing to construct a shed at 30 Newbury Street. Lang asks the Commission if there are any questions. Donnelly asks what the shed will be used for. Grasso states that it will be used to store lawn- mowing equipment. Donnelly asks if he plans to store fuel, paint or solvent materials in the shed. Grasso states no and that he plans to put sod in the area behind the foundation of the shed. Grimes states that she visited the site and explains the condition of the area. She states that there are materials stockpiled along the edge of the stream and would prefer to see that all that material moved prior to any other work being done on the site. She states that an Enforcement Order was Conservation Commission Meeting Minutes July 7, 2001 Page 5 issued on June 14, 2001 but nothing has been done. Grasso states that he was told not to act on the Enforcement Order until he spoke with the Commission. Lang states that he has violated the regulation for activity within a resource area. Grasso disagrees stating that he built the existing stream as a mosquito trench that was required by the Conservation Commission as a retention area. He questions how this trench has turned into wetland vegetation. Lang states that he should appeal to DEP on this issue. Lang asks if he is willing to remove the materials. Grasso states yes. Mazuy suggests that a site inspection should be conducted to contend a solution. Johnson states that he visited the site and noticed a piece of heavy equipment on the edge of the wetland and expresses that this is an area of concern. Lang asks the public if there are any questions. Pat Hamilton, Corning Street, states that the rules have not been followed for 10 years on this property. She states that heavy equipment is stored on this property and it is not zoned for heavy equipment. Lang suggests speaking with the City Solicitor prior to the site inspection. A site inspection is scheduled for July 18, 2001 at 7:30 p.m. Hurlburt states that if the applicant disagrees with a continuation, then the Commission must act at this meeting to fall within the 21-day time period allotted for action on a Determination. Mazuy moves to issue a Positive Determination, seconded by Johnson. Motion carries 5-0-1. Paluzzi abstains. [Paluzzi returns to the meeting.] Continued: Greenwood Avenue – culvert replacement & pipe installation – City of Beverly Lang states that all Commission members have visited the site and is of the opinion that this is a sensitive area and would prefer to see partial replacement of pipe. Donnelly asks if cross sections have been submitted for this proposal. Hurlburt states no. Donnelly states that cross sections would be helpful to make any decision on this matter. Mazuy states that the roadway should be addressed in a more substantive manner due to the flow of water on the other side of the street that has not been addressed. Donnelly agrees and states that alternative drainage control should be addressed. Conservation Commission Meeting Minutes July 7, 2001 Page 6 Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. Don Brusca, 11 Greenwood Avenue, states that this stream is fed in many different areas and is concerned that the nature of this work will have a major impact on the stream effecting the vegetation and the watertable. He states that a simple repair should be sufficient. Charles Dunn, Greenwood Avenue, states that this is an area of complex drainage structure and this proposal will cause major drainage problems. John Murray, 14 Greenwood Avenue, states that velocity problems will only worsen if this work is completed. He explains that there is major drainage problem downstream and is of the opinion that alternative methods should be considered. Jane Brusca, 11 Greenwood Avenue, is concerned that if this roadway is widened it will only open up the potential for more development in the area. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Donnelly moves continue the public hearing to enable the Conservation Commission to send a letter to the City Engineer requesting designs that illustrate solutions to the issues expressed at the public hearing; namely drainage, wetlands protection, road stability, groundwater levels, property rights, erosion and icing. Seconded by Paluzzi. All members in favor. Motion carries 6-0. New: Beverly Harbor – Exploratory Boring Project – Algonquin Gas Co. Paul Martin of TRC Environmental is present and explains that Algonquin Gas Co. is proposing to construct a natural gas pipeline that would extend from Methuen through Beverly and Salem via the ocean, and eventually into Weymouth. He states that this request is to undertake the geotechnical borings in support of the Maritime Phase III Hubline projects. Martin states that part of the construction for Hubline involves horizontal directional drilling which is a technique whereby the pipeline is installed underneath part of the Beverly Harbor in order to minimize impact to the resources that are overlaying the area that is being drilled. In order to determine the feasibility of that technology it is important to understand the nature of the sediments and bedrock through which the drill will eventually pass. He states that the geotechnical borings will provide them with that information. He states that the area of disturbance is temporary and explains the procedure in detail. Lang asks if this method is a prelude to the horizontal directional drilling. Martin states yes, that this is procedure is strictly vertical drilling to conduct testing over a three to five week period. Conservation Commission Meeting Minutes July 7, 2001 Page 7 Donnelly asks the probability of striking anything that could cause pollution. Martin explains that they have been corresponding with various agencies that have responsibility in that area over the past year and have conducted other geophysical surveys as well to avoid any problems with utility lines. Donnelly asks if existing fuel pipes have been researched. Martin states no explaining that the probability is minimal. Lang asks if any large magnetic anomalies were discovered during testing. Martin states that he is only somewhat familiar with the results of that study and is uncertain if anything was encountered in this area. Lang asks where the pipe will exit the coast in Beverly. Martin states that the pipe will not exit coastal land in Beverly. Grimes asks how much disturbance is anticipated to the water quality. Martin states that it will be very minimal explaining that all discharge will be contained. Paluzzi asks if the casings will be pulled after completion of the testing. Martin states yes and explains that the primary function of the casings is for circulation. Lang asks the Commission if there are any additional questions. There are none. Lang asks the public if there are any questions. There are none. Paluzzi moves to close the public hearing, seconded by Grimes. All members in favor. Motion carries 6-0. Order of Conditions 9 Ober Street – pool, landscape and addition – Charles Harris Paluzzi moves to issue Standard Order of Conditions contingent upon the submittal of a plan showing the relocation of the pool filter closer to the house, seconded by Mazuy. All members in favor. Motion carries 6-0. Beverly Harbor – Exploratory Boring Project – Algonquin Gas Co. Paluzzi moves to issue Standard Order of Conditions contingent upon all drill cuttings being contained and brought ashore for proper disposal, seconded by Mazuy. All members in favor. Motion carries 6-0. Certificate of Compliance Otis Road – DEP File #5-646 – Landfill Hurlburt states that the landfill assessment is not yet complete. Conservation Commission Meeting Minutes July 7, 2001 Page 8 235 Dodge Street – DEP File #5-731 Hurlburt updates the Commission stating that at the last meeting the owner of the property, Jim Dawson, requested a waiver of the as-built requirement as well as the requirement for a letter from a registered surveyor or engineer. Those waivers were not granted. She states that she has received the as-build plan as well as a letter from Peter Ogren stating that there are no significant changes from the original plan that was approved 3 years prior. Lang asks the Commission if there are any additional questions. There are none. Johnson moves approve the Certificate of Compliance for 235 Dodge Street – DEP File #5-731, seconded by Paluzzi. All members in favor. Motion carries 6-0. Old/New Business Letter from Norwood Pond Association discussion Pam Kampersal is present and states that she of the opinion that the tests conducted for the City at Norwood Pond are not comparable to the tests conducted by the Norwood Pond Association and Wenham Lake Association. She states that she has written to DEP and EPA on this issue. A detailed discussion takes place regarding the test findings. Kampersal asks if the Commission will make any recommendations on this issue. Lang states that the Commission will ask an environmental consultant to attend the next meeting. Discussion of bylaw The Commission discusses the option of holding a special meeting to strictly discuss the bylaw. Hurlburt explains to the public that the Commission is using the Rowley bylaw as a model since it is a very comprehensive bylaw. A special Conservation Commission meeting is scheduled for August 25, 2001 at 9:00 a.m. at the Beverly Public Library to draft the bylaw for Beverly. Cummings Center Walkway [Lang recuses himself from this portion of the meeting.] Hurlburt explains that a letter was sent to the DEP as a result of the last meeting that recommended the approval of the 6-foot walkway. She states that she since has received a letter opposing the information in this letter from Citizens for a Livable Beverly that detailed specific measurements of the neighboring walkways at Stop & Shop and the YMCA Youth Center. Hurlburt went out to the locations to verify this information. She states that she has drafted a correction letter for the Commission to review. Conservation Commission Meeting Minutes July 7, 2001 Page 9 Toni Musanti, 12 Willow Street, states that she is unclear of the enforcement of this issue. Hurlburt explains the Chapter 91 requirement. Mazuy moves to approve the letter as prepared by the Conservation Commission Agent maintaining the approval of the 6-foot walkway, seconded by Paluzzi. Motion carries 5-0-1. Lang abstains. [Lang returns to the meeting.] Minutes Donnelly moves to approve the May 29, 2001 and June 19, 2001 meetings minutes, seconded by Paluzzi. All members in favor. Motion carries 6-0. Old/New Business Administrative Stipend A discussion takes place and the Commission decides to submit a letter to the Mayor stating the importance of Hurlburt in her position as Agent to the Conservation Commission. Adjourn Paluzzi moves to adjourn, seconded by Mazuy. All members in favor. Motion carries 6-0. The meeting is adjourned at 9:25 p.m.