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2001-03-20 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 20, 2001 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Richard Benevento, Jay Donnelly BOARD MEMBERS ABSENT: Dr. Mayo Johnson, Jon Mazuy, Pat Grimes OTHERS PRESENT: RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 45 Enon Street – riprap installation 100 feet from resource area – Paul Kourkoulis There is discussion as to whether or not this project falls within the jurisdiction of the Conservation Commission. Paluzzi moves to continue the hearing to April 10, 2001 pending a site walk scheduled to take place on Tuesday, April 3, 2001 at 6:00 p.m., seconded by Donnelly. All members in favor. Motion carries (4-0). Rear of 21 # 23 Virginia Avenue – clear way of vegetation – Curtis Jones, Jr. Carmen Fratarolli appears on behalf of the applicant, Curtis Jones, Jr. He asks if the members would like to visit the site prior to presenting information. The members respond that they would like to visit the site and ask the applicant if he would like to continue to the next meeting, April 10, 2001. Benevento moves to continue the hearing to April 10, 2001 pending a site walk on April 3, 2001 at 7:00 p.m., seconded by Paluzzi. All members in favor. Motion carries (4-0). Conservation Commission Meeting Minutes March 20, 2001 Page 2 Abbreviated Notice of Resource Area Delineation Cont: Sam Fonzo Drive – Resource Area Delineation – Fonzo Realty Trust Richard Williams from Hayes Engineering appears on behalf of the applicant, Fonzo Realty Trust. The members would like to visit the site and ask Williams if he would like to continue to the April 10, 2001 meeting. Williams requests to continue the hearing. Paluzzi moves to continue the hearing to April 10, 2001 pending a site walk on Saturday, March 31, 2001 at 8:00 a.m., seconded by Donnelly. All members in favor. Motion carries (4-0). 7 Trask Street – Resource Area Delineation – Robert St. Pierre The applicant states that the site has been flagged and requests the members to visit the site. Paluzzi moves to continue the hearing to April 10, 2001 pending a site walk on Saturday, March 31, 2001 at 9:00 a.m., seconded by Donnelly. All members in favor. Motion carries (4-0). Donnelly moves to recess to the regular meeting, seconded by Benevento. All members in favor. Motion carries (4-0). Notice of Intent Route 128/Burger King site – redevelopment of site – Rubin & Rudman Benevento states that his company is involved with the interchange project and he is not sure if he should recuse himself from this portion of the meeting. Lang responds that if Benevento does not work for the applicant, he’s not required to recuse himself. Benevento decides to listen to testimony and if he feels uncomfortable, he may ask to recuse himself at a later date. Attorney Peter Feuerbach from the firm Rubin & Rudman appears on behalf of the applicant, Boston and Beverly, Inc. He introduces the principals of Boston and Beverly, Inc.: Maurice and Michael Wyman and Maurice’s son, Reed. He also introduces Dave Johnson from PMP Associates. The Notice of Intent was filed for a buffer zone project. The applicant is proposing to reconstruct the existing Burger King restaurant. There is no plan to expand the edge of the pavement to the south side of the property, where the wetlands are located. Feuerbach states he has a letter from DEP indicating that they have issued a file number. He states there are two general types of work being proposed: 1) resurfacing the blacktop and 2) drainage changes, which is outside the 100-foot buffer zone. Donnelly states he is more concerned with the quality of the water that is discharging into the resource area rather than the quantity of the water. Conservation Commission Meeting Minutes March 20, 2001 Page 3 Maurice Wyman states anything that is done to the site will be better than what is there now. The dumpster is self-contained and grease/fat storage is self-contained. Dave Johnson describes details regarding the channel and the level spreader. Lang asks if the water ends up in the wetland. Johnson responds that it will end up in the wetland. Lang asks when the area was flagged. Johnson responds that the wetlands were last flagged in 1995, which was the start of the project. Lang asks if the wetlands are flagged now or if they have been reflagged since 1995. Johnson responds that they have not. Feuerbach states that it is clear where the wetlands are and the flags should be accurate today. Lang responds that the Conservation Commission needs flags. The Commission requests the applicant to reflag the site because it needs an accurate picture of existing conditions. Johnson states he can have a new delineation within one week. A site walk is scheduled to take place on April 3, 2001 at 5:30 p.m. Paluzzi moves to continue until April 10, 2001 pending a site visit on Tuesday, April 3, 2001 at 5:30 p.m., seconded by Donnelly. All members in favor. Motion carries (4-0). 235 Dodge Street – garage construction – James Dawson Richard Williams from Hayes Engineering appears on behalf of the applicant, James Dawson. He states the applicant is proposing to construct a garage, retaining wall and associated grading. He states to avoid the debate about the river, the applicant is classifying the area as “presumed riverfront area” – meeting the standards, if it were a river. The proposed silt fence is up gradient of the existing lawn area. Lang asks how much excavation will need to be done. Williams responds that there will be minimal excavation. Paluzzi moves to close the hearing, seconded by Donnelly. All members in favor. Motion carries (4-0). Amended Order of Conditions: North Beverly School/Putnam Street – City of Beverly Peter Seamans appears on behalf of the City of Beverly Engineering Department. He introduces Michael Harrison of Flansburgh, Associates, Deb Michener of Geller Associates and Richard th Mainvillle of Guerriere & Hanlon. He states the bid documents will be available on April 4. Construction is expected to begin July 2, 2001. Conservation Commission Meeting Minutes March 20, 2001 Page 4 Mainville states that there were meetings on this topic in spring of 1996, at which point an Order of Conditions was issued. At the time there was a plan to put in drainage (tie into an existing drain line). On the other side of the school there is a wetland and the original plan was to have an underground detention system underneath the parking lot, which would slow the flow down and discharge it where it would go over land, down into a wetland and eventually out onto Putnam Street into a city drainage system. The City Engineer and the School Department didn’t want underground detention systems. They feel it is a maintenance headache. In this particular case, there would be an increase in impervious area (roof area and pavement) and as a result, there would be a very large increase in rate and volume of runoff reaching the wetlands. A detention basin was put in under the parking lot and the new proposal is to put a standard type detention basin at the surface, which would take the runoff of virtually the entire parking lot and roof of the school and discharge it through an outlet structure. The detention basin and drainage facilities on the site have been modified to agree with the new storm water management policies of the DEP. Mainville states there is still some more work to be done at the site. There is a pipe which has deteriorated and filled over to the point where it is not functioning very well. The School Building Committee has asked that a new culvert be designed to make the pipe work the way it was supposed to. The survey work has not been done because of the recent snowstorms. Lang asks if there is quite a bit of volume going to the wetlands now. Mainville responds the discharge rate has been below 1 – 100 year storm. The trouble is the outlet pipe. The pipe should be a 15-inch reinforced concrete pipe that runs out into the street. What is there now is a 6-inch corrugated plastic pipe that has been stuck into the end of it and run back to the wetlands and then covered. The intent is to remove the excess fill, possibly retain the headwall as far as possible without getting into the wetlands. Lang states his concern is that if you have a bad outlet, you will create a higher water table temporarily. People will get wet basements and then they will be screaming at the Conservation Commission. Mainville responds that the replacement of the culvert will alleviate a condition that has been created by the abutters by filling over the original pipe and putting in a little pipe. It is holding more water than it is supposed to already. Lang asks if the approval is based on the removal of the 6-inch line and replacing it with a larger line. Mainville responds that if they do not replace the pipe before the paving and roof is underway, there will be a problem. Lang expresses concern about putting almost all the runoff from the school and parking lot down to the small wetland with a pipe that is clogged. Seamans agrees that the pipe needs to be replaced. Donnelly states the Conservation Commission does not want the wetlands to change. A site walk is scheduled to take place on April 3, 2001 at 5:00 p.m. Conservation Commission Meeting Minutes March 20, 2001 Page 5 Paluzzi moves to continue until April 10, 2001 pending a site visit on Tuesday, April 3, 2001 at 5:00 p.m., seconded by Benevento. All members in favor. Motion carries (4-0). Seamans states that the Mayor would like to incorporate some play areas on the site. The play area is intended to be a benign area for kids to play unorganized sports. Benevento states that if by the time the Order is issued the fields are not located, assuming they are outside the buffer zone, the Commission would like a revised plan submitted prior to construction. Certificate of Compliance DEP File #5-666 – 476 Essex Street – Brian Boches Benevento moves to issue a Certificate of Compliance for 476 Essex Street, seconded by Paluzzi. All members in favor. Motion carries (4-0). Old/New Business Cummings Center Lang reads a letter from Bruce Oveson, Cummings Properties into record regarding the public access pathway. Members review the conceptual site plan. Letter from Pam Kampersal Lang reads a letter from Pam Kampersal into record regarding her continued concern regarding leach in Norwood Pond. She asks that the Conservation Commission not grant a Certificate of Compliance to Malcolm Pernie pending findings of independent testing of the leach. Discussion regarding quorum Members discuss the topic of a quorum. They agree that there needs to be consistency and the topic needs to be discussed further at an upcoming meeting. East Corning Street Donnelly states that at the last meeting there was a resident by the name of Mr. Carpenter who proposed to cut trees and clear underbrush on a new property on East Corning Street. He visited the site with Mr. Carpenter who pointed out the trees to be cut. The trees are outside the resource area. There are three trees in question. One tree is dead and the other two are split. He sees no problem with the tree cutting and will notify Hurlburt of his finding. Conservation Commission Meeting Minutes March 20, 2001 Page 6 Order of Conditions 235 Dodge Street – garage construction – James Dawson Donnelly moves to issue the following conditions: 1. Standard conditions. Seconded by Paluzzi. All members in favor. Motion carries. Approval of Minutes Benevento moves to postpone the action on the minutes due the lack of a quorum, seconded by Donnelly. All members in favor (4-0). Motion carries. Paluzzi moves to adjourn, seconded by Benevento. All members in favor. Motion carries. The meeting adjourns at 9:00 p.m.