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2002-07-02CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission Meeting SUBCOMMITTEE: DATE: July 2, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Richard Benevento, Anthony Paluzzi, Dr. Mayo Johnson, Linda Goodenough BOARD MEMBERS ABSENT: OTHERS PRESENT: Debra Hurlburt, Planning Director RECORDER: Jeannine Dion (tape) Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 400 Hale Street – earthwork activities in buffer zone – Endicott College Hurlburt reads the legal notice. Joe Orzel from Gulf of Maine Research Center introduced himself and stated that he was representing Endicott College. He stated that the extent of the work proposed is grading within the buffer zone along the western edge of the proposed athletic facilities. He stated that the proposed grading would allow for the construction of a temporary sedimentation basin to control runoff and erosion on the project site. He added that there would be hay bales and silt fences set up along the limit of work. Lang asks what type of work is being proposed in the buffer zone. Orzel responds grading. Benevento asks why the applicant is filing a separate request under a different file number. Orzel responds most of the project as shown on the plan to be approved is outside the buffer zone. Work has proceeded on a portion of the project, but it is outside the buffer zone. Orzel states that the applicant is asking to do just one small additional element. All of the activity that takes place is in the same watershed as the wetland area, on the north side of the site. Lang states he thought this project was a going to affect a very small percentage of the buffer zone. This project is 75 feet wide in places. Lang and Benevento agree that this project is much more significant than just another Request for Determination. Lang asks if members of the public have any questions. A member of the public states the project has started and the work being done there started since Beverly’s local ordinance was passed. Conservation Commission Meeting Minutes July 2, 2002 Page 2 Hurlburt states before a motion is taken, the applicant can ask of the Commission the ability to withdraw the application. The applicant stated that they would prefer to proceed. Benevento states his opinion is to take no action on this matter and that the applicant should file a Modification. Hurlburt states she would not recommend that. Benevento moves to issue a Positive Determination, seconded by Paluzzi. All members in favor. Motion carries (5-0). Old/New Business: 43 Paine Avenue – Court remand Hurlburt distributes a copy of a letter received from the Office of MacGregor & Associates. At the last hearing the Commission decided to conduct a site inspection, which was done on June 15, 2002. Attorney MacGregor introduces the applicant for the Request for Determination, Paul Cravedi and another representative from his firm. MacGregor states he is before the Commission to request a Negative Determination. This is a remand from the Superior Court by agreement between the parties. After the last hearing, he states this matter is entirely outside the buffer zone. Bob Griffin, Griffin Engineering provides an overview of the project and the site. MacGregor states the applicant is outside the buffer zone under the Wetlands Protection Act and the resource area as described by the City of Beverly’s local ordinance. Attorney Tom Harrington, representing the Hutchings at 60 Paine Avenue and abutters to the Paine Avenue property. He states he sent a letter to the Commission dated June 26, 2002 indicating his belief that what is buffer zone under the Wetlands Protection Act, is resource area under the City of Beverly’s ordinance. Harrington states the applicant will be directing half the drainage toward the resource area. He states that would trigger the ordinance and reads Section I-22 referencing the discharging into the resource area. He states that would require written permission from the Conservation Commission (An Order of Conditions). Benevento states at a previous public meeting, his position was that the Commission could file a Negative Determination with conditions. It could satisfy any concerns we have about any alterations, filling or discharging into the resource area. Harrington asks how the Commission could issue a Negative Determination if you don’t know how much the applicant would be discharging into the resource area. Conservation Commission Meeting Minutes July 2, 2002 Page 3 Benevento states the Commission would have to rely on its professional judgment as Commissioners. Harrington recommends that the Commission issue a positive determination on this lot. He states there has been no change to the project. Brit Hutchins of 60 Paine Avenue states this land carries a brook underneath it and he provides a videotape of it. He expresses concern that a foundation will alter something under the ground and affect groundwater, downstream residents, etc. Lang states he believes it is just a pipe that drains water and it appeared as though the pipe had broken. Elizabeth Reardon, 25 Paine Avenue expresses concern about health issues due to the stagnant water in her back yard. Lang recommends that she visit Debbie Hurlburt in the Planning Department to discuss this matter further. Benevento states the Wetlands Protection Act says you shall not fill, drain, alter, etc. a resource area protected under the act. A buffer zone is considered a resource area under the ordinance. Benevento moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor. Motion carries (5-0). There is discussion regarding the limit of work being 5 feet off the 100-foot buffer zone. The hay bales and silt fence will be placed at that location. Paluzzi moves to recess for public hearings, seconded by Benevento. All members in favor. Motion carries (5-0). Abbreviated Notice of Resource Area Delineation New: 2 Boyles Street l- Resource Area Delineation – Whitehall Hill Realty Trust Hurlburt reads the legal notice. Renee Mary, 274 Hale Street asks if the Commission has hired a consultant on this matter. Hurlburt responds that the Commission hired someone to review the delineation by the applicant. The Commission does not have a report yet. Mary Rimmer will be consulting with Griffin Engineering and looking at their flags. Mary Rimmer will be at the next meeting to discuss that. Mary states the neighbors would like their wetlands expert to go along with Griffin and Rimmer in the field. Hurlburt responds that is up to the applicant. Conservation Commission Meeting Minutes July 2, 2002 Page 4 Lang states the Commission has no jurisdiction over that. The Commission can only send its own personnel on site. He states the Commission will talk with Mr. Bertolon and encourage him to allow the neighbor’s representative on the site during the site walk. Bob Griffin, Griffin Engineering provides an overview of the site. He states the project is approximately 25 acres. There are four primary areas of wetlands observed on the site (Wetlands A, B, C and D). The wetlands scientist Bernard Rafferty provides an overview of the delineation of the site. A site visit is scheduled to take place on Saturday, September 7, 2002 at 8:30 a.m. Lang asks if there are any questions from members of the public. A member of the public expresses concern regarding the affect the development would have on the brook. Lang states the Commission is just doing delineations now. The applicant does not have a plan yet but what the developer does is they get to an agreement on where the wetlands line are and then they come back with a development plan. They are surely going to develop the property, but until they have a plan, the Commission cannot even observe or make judgment on runoff quality, runoff quantity and where it is all going to go. There will be no answer tonight to those types of questions. Benevento moves to continue the hearing until July 30, 2002 with a site visit scheduled to take place on Saturday, September 7, 2002 at 8:30 a.m., seconded by Paluzzi. All members in favor. Motion carries (5-0). Notice of Intent Cont.: Cabot Street, LP Henderson Road – consolidation and stabilization of fly ash deposits – New England Power Company Richard Klieman, a representative from New England Power states he made a presentation at the last meeting. A site inspection took place and he asks if members of the Commission have any questions. Lang asks when the project will begin. Klieman responds that the construction would start in the fall. Lang states his concern is that there would be some type of monitoring plan that the applicant would use and the Commission could incorporate in the Order of Conditions that would tell the Conservation Commission Meeting Minutes July 2, 2002 Page 5 Commission that everything is being done correctly. It would be a check and balance system. Lang asks if there are questions from members of the public. Members of the public spoke to the Commission on this proposal. Lang reads a letter from the Wenham Lake Watershed Association into record. The Association is “pleased with the plans that they have reviewed and are fully supportive of New England Electric Power’s plans to remove the fly ash from Airport Brook and the bottom of the lake.” Benevento moves to continue the hearing until the July 30, 2002 meeting, seconded by Paluzzi. All members in favor. Motion carries (5-0). New: Chubbs Brook corridor and tributary areas – drainage improvements – City of Beverly Frank Killilea, the City Engineer states the city started in 1998 on three drainage projects. Chubbs Brook is the last of the three projects. Before the Commission, coupled with the extension of the sewer system on Hale Street, West Street and Beverly Farms. Ralph Soupee from Camp, Dresser and McKee provides a detailed overview of the project. Lang asks if members of the public have any questions. There were none. A site visit is scheduled to take place on Wednesday, July 17, 2002 at 6:00 p.m. Benevento moves to continue the hearing to July 30, 2002 pending a site visit scheduled on July 17, 2002, seconded by Paluzzi. All members in favor. Motion carries. New: 45 Enon Street – restore resource area from the removal of coal fly ash in buffer zone – Enon Street LLC Luke Fabbri states he is representing the owners of 45 Enon Street regarding the fly ash removal project. The project involves the Massachusetts Contingency Plan. What has happened on the property is coal fly ash was identified at the rear portion of the property earlier this year. They have handled about 2,500 yards of the fly ash and relocated it. In April, the applicant was in communication with the DEP regarding the activity on the property and the DEP issued a notice to have the property further investigated for the percentage of fly ash. The DEP requested that the property be further investigated in terms of the ash. Five soils samples were taken from the area. Concentrations ranged from 6 ½ parts per million to 88.6 parts per million. The project is to remove anywhere from 12 inches to 3 feet of fly ash from the drainage channel and reconstruct the channel. The DEP has issued an approval for an Immediate Response Action and requires that the applicant get an Emergency Certification from the Commission. Conservation Commission Meeting Minutes July 2, 2002 Page 6 Benevento states while the applicant is in front of the Commission, and the Commission should take the opportunity to have them clean up a mess on Enon Street. He does not think what the Commission is looking for is too far out of the realm of environmental protection. Benevento states the Commission could issue an Enforcement Order and tell the applicant to Cease and Desist Order until the applicant comes in with a dust control plan. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries (5-0). New: 40 Crescent Avenue – add second floor & attic to existing house & reinforce foundation – Lang Lang recuses himself from this portion of the meeting. Hurlburt reads the legal notice. Eileen Lang states she is requesting permission to make changes to the property at 40 Crescent Avenue. She is proposing the following: · Addition of a second story and attic on the existing footprint · Possible repair or replace of the foundation · Removal of the carport · Removal of approximately 90 square feet of asphalt and replace it with vegetation and flagstone · The entire property is within the 100-foot buffer Lang states she will be using a silt fence and will cover any soil with plastic during work on the foundation. Benevento asks if there will be a reduction of impervious surface on the site. Lang responds that there will be a reduction. Paluzzi asks how the materials will be handled. Lang responds the material will be hand-carried around the house. Paluzzi asks if there are any questions from members of the public. A representative from the neighborhood discussed in length the concerns in the neighborhood and enumerated its concerns; they are runoff, the flooding in the neighborhood, catch basin clean outs, and the public’s right to pass. There is discussion regarding the square footage of the footprint. Benevento states that the reason why the applicant came in with a Notice of Intent is because of Conservation Commission Meeting Minutes July 2, 2002 Page 7 the proximity to the Bass River. The square footage of the building is small and he does not expect a lot of erosion. Hurlburt states that the magnitude of the work is actually a reduction. What the applicant is proposing is to reduce the impervious material allowing for the runoff to occur naturally. Nothing that the applicant is proposing to construct is impeding flow in any way. That has to be understood. Hurlburt states the concerns that the neighbors are raising are not subject to this application. She states they spoke earlier in the week several times and she needs to speak with Frank Killilea, the City Engineer about catch basins. What the applicant is proposing is less impervious, which is a good thing. Hurlburt reiterates that the house is going up, not out and that is a very important point. If you have had flooding before, you’re going to continue to have the problem. Hurlburt reads a letter from Dorothy Pierce in support of the applicant. Benevento moves to close the hearing, seconded by Johnson. All members in favor. Motion carries. Orders of Condition 40 Crescent Avenue – add second floor & attic to existing house & reinforce foundation - Lang Benevento moves to issue the following conditions: · Standard conditions, · Use of silt fence and hay bales, and · The applicant must refer to the immediate removal of debris as indicated in the NOI. Seconded by Johnson. All members in favor. Motion carries (4-0). 45 Enon Street – restore resource area from the removal of coal fly ash in buffer zone – Enon Street LLC Benevento moves to issue the following conditions: · Standard conditions, · Truck must be washed before leaving the site, · Applicant shall control dust over the entire site by either watering down the site or by using calcium chloride, Conservation Commission Meeting Minutes July 2, 2002 Page 8 · The two monitoring wells shall be maintained for two years, · Enon Street shall be power swept once a week on Fridays. Seconded by Paluzzi. All members in favor. Motion carries (5-0). Emergency Certifications 45 Enon Street Benevento moves to issue an Emergency Certification to remove fly ash in the pond and buffer zone, seconded by Paluzzi. All members in favor. Motion carries (5-0). MBTA Rail Line Hurlburt states that there is an emergency request by the MBTA. Amtrak had notified the US Army Corps about an area of erosion concern, specifically, a 177-foot portion of the eastern road route right-of-way in the vicinity of the Beverly drawbridge. Recent storm events have caused significant erosion of the right-of-way in this area, which lies on a berm that is elevated above the intersection of the North River and the Danvers River. This erosion could lead to compromised tracks, signals, integrity and a potential for derailment of an MBTA commuter train. Paluzzi moves to issue an Emergency Certification for the MBTA Rail Line, seconded by Benevento. All members in favor. Motion carries (5-0). Certificate of Compliance 886 Hale Street – DEP File #5-623 – Bruce Erikson Hurlburt states Mr. Erikson is trying to get a Certificate of Compliance for 886 Hale Street. Hurlburt states the Commission received a letter from Wetlands and Land Management dated May 10, 2002. Benevento moves to issue a Certificate of Compliance for 886 Hale Street, seconded by Paluzzi. All members in favor. Motion carries (5-0). 7 & 8 Meeting Place Circle – Thomas Neve Associates Hurlburt states this was continued because the site was not stabilized. She visited the site and it looks fine. Paluzzi moves to issue a Certificate of Compliance for 7 & 8 Meeting Place Circle, seconded by Benevento. All members in favor. Motion carries (5-0). Conservation Commission Meeting Minutes July 2, 2002 Page 9 1 Tall Tree Drive Hurlburt states the Commission has received a request for a Certificate of Compliance regarding 1 Tall Tree Drive, a three-lot subdivision. She visited the site and the most she would recommend that the Commission to do is issue a Certificate on the house footprint only. Hurlburt states she has spoken with Mr. Carnevale and it is in the process of being sold. Benevento states he thinks the Certificate of Compliance should be all or nothing. Benevento moves to issue a Certificate of Compliance, seconded by Paluzzi. All members in favor. Motion carries (5-0). Discussion regarding possible ball fields at the Vitale Site Paluzzi states that the Open Space and Recreation Commission is looking at the Vitale site for a ball field. Benevento asks if fly ash percolates up to the surface and if so, how much material must be used to cover up fly ash. Lang states a risk assessment would have to be submitted to the DEP stating that ball fields would be allowed and from a health and safety standpoint, you probably should not put ball fields on fly ash. Conservation Commission Staff/Membership Update Hurlburt states that Jay Donnelly has submitted his resignation. Hurlburt states that the City Council has appropriated money for an Environmental Planner, who will be the staff person for the Conservation Commission, but until then she will remain the Agent for the Commission and a stipend would need to be appropriated. Paluzzi moves to authorize the stipend for Debbie Hurlburt for the same value as last year and prorate it, seconded by Johnson. All members in favor. Motion carries (5-0). MACC Dues Hurlburt states MACC dues are due and $225 must be appropriated to continue membership. Benevento moves to pay MACC’s dues in the amount of $225, seconded by Paluzzi. All members in favor. Motion carries (5-0). Conservation Commission Meeting Minutes July 2, 2002 Page 10 Land Use Management Plan Hurlburt states she finalized the Beverly Land Use Management Plan for Sally Milligan Park, Santin property and the Hill property. Paluzzi moves that Lang sign the Beverly Land Use Management Plan, seconded by Benevento. All members in favor. Motion carries (5-0). Adjournment Benevento moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries (5-0) The meeting is adjourned.