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2002-07-30CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission Meeting SUBCOMMITTEE: DATE: July 30, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Richard Benevento, Anthony Paluzzi, Jon Mazuy, Linda Goodenough BOARD MEMBERS ABSENT: Mayo Johnson OTHERS PRESENT: Debra Hurlburt, Planning Director RECORDER: Jeannine Dion (tape) DEB: PLEASE CHECK THE ATTENDEES. Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability 274 Hale Street (Route 127) – drainage repair project – Mass Highway Department Hurlburt reads the legal notice. Robert Boone from Mass Highway provides an overview of the project. Lang asks if member of the public have any questions or comments on this project. There are none. Benevento moves to grant a Negative Determination #3 for 274 Hale Street (Route 127) with the condition that hay bales and silt fences be staked, seconded by Mazuy. All members in favor. Motion carries. 31 Tozer Road – remedial activities – Shaw Environmental & Infrastructure, Inc. Hurlburt reads the legal notice. Karen Brody, Project Manager from Shaw Environmental appears on behalf of Varian. She introduces Richard Lewis, Sr. Remediation Specialist from Shaw Environmental and Counsel for Varian. The Request is for permanganate applications associated with remediation and cleanup activities to be conducted at 31 Tozer Road. The cleanup at 31 Tozer Road is part of a comprehensive specialized cleanup that Varian has been involved in where permanganate is going to be injected into the groundwater to destroy the volatile organic compounds in the groundwater. This RDA is solely for 31 Tozer Road. Previous RDA’s have been filed and granted Negative Determinations for other properties in this site-wide comprehensive plan. A decision was made to Conservation Commission Meeting Minutes July 30, 2002 Page 2 do separate RDA’s for different properties so that access agreement provisions that need to be finalized need not slow up the clean up. Brody states the RDA is requesting approval for the actual permanganate application in the five wells that are within the buffer zone. Three of the wells are new and two of the wells are existing. Lewis provides an overview of the project. A single application is planned during the summer (of up to 200 gallons of permanganate). The migration of the permanganate is monitored. It is expected to migrate approximately 25 to 40 feet. There are several sensitive areas (stream across Tozer Road). Lang asks if Lewis will be monitoring the color. He responds that he will monitor the color. Permanganate is very purple and you can see it down to very low concentrations. Observation levels will also be monitored. If he felt there was risk of leakage into the stream, a product could be injected into the groundwater to neutralize any excess permanganate. Lang asks if the applicant would be willing to test for manganese. The applicant agrees to test for manganese. Lang asks if members of the public have any questions. Mazuy moves to grant a Negative Determination #3 with the condition that the applicant sample manganese as part of the overall sampling, seconded by Benevento. All members in favor. Motion carries. Notice of Intent 31 Tozer Road – installation of 3 new monitoring and injection wells – Shaw Environmental & Infrastructure, Inc. Brody provides a brief overview. The permanganate will be injected over a day or two. The injection will be done in one hole this year and then three holes in 2003 and the same three holes in 2004. Lang asks if members of the Commission have any questions. There are none. Lang asks if members of the public have any questions. There are none. Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 30, 2002 Page 3 Cabot Street, L.P. Henderson Road – consolidation and stabilization of fly ash deposits – New England Power Company Carl Katuska from Environmental Science Services introduces himself. He states his firm is responsible for preparing the site restoration plans. He introduces Bruce Wilkinson, the Project Manager (technical consultant for the project). A site walk is scheduled to take place on August 6, 2002 at 9:00 a.m. Lang asks if members of the public have any questions. There are none. Benevento states improving the situation is better than nothing. He is on the fence relative to leaving material on land that is under the facility. He asks if the hearing is closed on the project relative to the resource area, is there some other forum necessary for the applicant to come and see the Zoning Board to permit them to use material on site. Lang states if there is a legal reason why it can’t be left in place, then that would be another hearing. There is a large group of people that meet monthly or every two months that are dealing with global concerns of fly ash. As far as the Conservation Commission’s jurisdiction over this land, that is another issue. Lang states he is not sure what legal rights the Commission has. The land was given to the Commission in 1987 with fly ash on it. Mazuy asks how many feet of fly ash does the applicant expect to come out of the site. Wilkinson responds about 50,000 feet of fly ash. Mazuy asks what the estimate of the area of the whole Vitale property. Wilkinson responds 17 acres. Lang states that the object is to close the site under current state regulations. Lang asks if members of the public have any questions. Renee Mary, 274 Hale Street expresses concern regarding Wenham Lake and the drinking water supply. Lang asks if there are other questions from the public. There are none. Benevento moves to close the hearing with the Order of Conditions being developed at the meeting of September 10, 2002 and made available to the applicant on Friday, September 13, 2002, seconded by Mazuy. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 30, 2002 Page 4 Chubbs Brook corridor and tributary areas – drainage improvements – City of Beverly th Killilea states that there was a site visit on July 17 and he introduces Ralph Souppe from Camp, Dresser & McKee to provide an overview and answer questions. Mr. Souppe provides a brief overview of the project. Lang asks if members of the public have any questions. There are none. Mazuy moves to close the hearing, seconded by Benevento. All members in favor. Motion carries. Abbreviated Notice of Resource Area Delineation 2 Boyles Street – Resource Area Delineation – Whitehall Hill Realty Trust Bob Griffin from Griffin Engineering appears on behalf of the applicant. He introduces who provides an overview. Lang asks a clarifying question regarding the movement of flags. Mazuy asks approximately how much of the property is either BVW or open water. Griffin responds that there are approximately 59,400 square feet of BVW and 26,800 square feet of open water for a total of about 86,000 square feet. Lang asks if there are any questions from the public. A member of the public asks if it is possible to determine the impact to downstream properties. Lang responds that the next phase of the process is the time the issues regarding run off and how that will affect downstream and abutting properties. A member of the public reads a letter into record from Boyes Street Neighborhood Association. Benevento asks if Ms. Rimmer, as a professional wetlands scientist, feels that the plan now accurately depicts the wetland resource areas that are out there. Ms. Rimmer responds that she does. Benevento states that you can have 50 consultants, and they all would come up with a different line. A member of the public expresses concern about the effect the proposed project will have on the resource areas. Conservation Commission Meeting Minutes July 30, 2002 Page 5 A resident of Brackenbury Lane expresses concern about the impact of the proposed project on vernal pools. Lang responds that the vernal pools will be identified during the site walk and hopefully the applicant will allow the representative in the neighborhood. The Conservation Commission members and its own representative will be there and will evaluate the potential. Benevento states that there needs to be a certain amount of confidence in the selection of the consultants that the Commission made that as a professional wetlands scientist, she also can identify vernal pools and wetland resource boundaries, etc. The Commission hired her so that it feels comfortable that what is presented by the applicant is accurate. Benevento states he does not want the neighborhood group to think the consultant that is hired by the Commission is any less qualified than its consultant. Lang explains to the public that the 100-foot buffer zone is not a no-build zone; it is a resource area that gets protection. In many projects the buffer zones are built in considerably. Lang states that he believes a lot of the issues will be addressed on the site walk. Mazuy asks if it might be in the interest of the city use Mr. DeRosa as a adjunct advisor to the Commission at the expense of the neighborhood group if the applicant will allow him to come on the site. Lang states the site walk will take place on September 7, 2002 at 8:30 a.m. Paluzzi moves to continue to September 10, 2002 pending a site walk on September 7, 2002 at 8:30 a.m., seconded by Benevento. All members in favor. Motion carries. Order of Conditions 31 Tozer Road – installation of 3 new monitoring and injection wells – Shaw Environmental & Infrastructure, Inc. Benevento moves to issue the following conditions: · Standard conditions, · The applicant shall sample manganese as part of the large sampling, Seconded by Mazuy. All members in favor. Motion carries. Certificate of Compliance 23 Oak Street – DEP File #752 – Ledyard and Emily McFadden Conservation Commission Meeting Minutes July 30, 2002 Page 6 Hurlburt states that the applicants are seeking a waiver of conditions #2 and #3. Conditions #2 and #3 required a letter from a PE or a Registered Land Surveyor, and for As-built plans. She agrees with the McFadden’s request because the rest of the project was very minor. Mazuy moves to waive conditions #2 and #3 for 23 Oak Street – DEP File #752, seconded by Paluzzi all members in favor. Motion carries. Meeting Place Circle – DEP File #5-676 – Thomas Neve Associates Hurlburt states that the entire application that came in was the lots and the roadway. The Conservation Commission recently granted a certificate for the last two house lots in the subdivision. Mr. Neve is seeking a Certificate to now close out the entire subdivision, roadway and house lots. The applicant would like to close entire project out. Benevento moves to issue a Certificate of Completion, seconded by Paluzzi. All members in favor. Motion carries. 4 Cavendish Square – Michael Bernfeld Hurlburt states the Commission has received the application, letter and pictures from Bill Manuel. Paluzzi states he visited the site and everything looked fine and it was a good job. Hurlburt states as an administrative point, the Commission never received As-built plans and this is a replication area. The Commission should have plans that just state “As-built” professionally. This project changed a resource area to something else. She states the Commission could still approve this with the caveat that whoever did the plan provide the “As-built.” Benevento explains to the applicant that the Commission needs certification that the replication area is where it is. Benevento moves to grant a Certificate of Compliance pending the submission of a Certified As- built Plan within 45 days, seconded by Paluzzi. All members in favor. Motion carries. 9 Ober Street – Charles Harris Hurlburt reads a letter from Mr. Harris stating that the project complies with the Order of Conditions. Paluzzi states that he visited the site and everything looked fine. Benevento moves to issue a Certificate of Compliance, seconded by Paluzzi. All members in favor. Motion carries. Conservation Commission Meeting Minutes July 30, 2002 Page 7 Old/New Business Hurlburt states that Lang has spoken with a gentlemen from Nepco regarding the installation of a chain link fence along a portion of L.P. Henderson Road. It falls within the 100-foot buffer zone. Paluzzi moves to approve the chain link fence as indicated in the letter dated July 24, 2002, seconded by Benevento. All members in favor. Motion carries. Grant Application Hurlburt requests signatures from Commission members regarding the grant that the city secured for the Hill property. Meeting Notice Hurlburt states that there is a meeting tomorrow night at 7:00 p.m. at the Centerville Improvement Society to talk about the proposed development off of 128 Boulder Lane. Hurlburt states there is supervisory training and project kickoff for the Phase 3 Pipeline Project meeting on Monday, August 5, 2002 at the Sheraton Ferncroft Resort in Danvers. Minutes Paluzzi motions to approve the minutes of May 7 and 14, and June 12 and 17, seconded by Mazuy. All members in favor. Motion carries. Lang asks if members of the Commission have any questions. Adjournment Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries.