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2002-06-04 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 4, 2002 BOARD MEMBERS PRESENT:Vice-Chairman Anthony Paluzzi, Jon Mazuy, Richard Benevento, Linda Goodenough BOARD MEMBERS ABSENT: Chairman David Lang, Dr. Mayo Johnson, Jay Donnelly OTHERS PRESENT: Planning Director Debra Hurlburt RECORDER: Karen Bradley Call to Order Vice-Chairman Paluzzi calls the meeting to order at 7:10 p.m. Request for Determination of Applicability New: 2 Morgan’s Island Road – construction of addition to existing home – Robert Cipolle Hurlburt reads the legal notice. Bill Manuel of Wetlands and Land Management is present to represent the owner of the property. He explains that the project consist of a 16 foot x 32 foot addition to the rear of the existing home which extends out onto the lawn area. He states that the corner of the addition is 9 feet into the buffer zone, which will leave 91 feet between the closest corner of the addition and the wetlands. Manuel explains that there is a perennial stream, which constitutes Riverfront Area over this entire lot. Paluzzi asks if the addition will have a full foundation. Manuel states no, the addition will consist of a frost wall foundation. He states that the material excavated from the trench will be put inside the frost wall foundation to bring the grade up slightly. Any excess material will be taken offsite. Paluzzi states that he visited the site and it looks good. Paluzzi asks if there are any additional questions from the Commission. There are none. Mazuy moves to issue a Negative Determination #3 with the following conditions: · Haybales shown on the plan be in place prior to start of construction; · Dumpster is to be on site during construction. Seconded by Goodenough. All members in favor. Motion carries 4-0. Conservation Commission Meeting minutes June 4, 2002 Page 2 New: 400 Hale Street – earthwork activities in buffer zone – Endicott College Hurlburt reads a letter she received from the attorney working on this project requesting an extension. Benevento moves to table the Request for Determination of Applicability for 400 Hale Street to the next scheduled meeting on July 2, 2002, seconded by Mazuy. All members in favor. Motion carries 4-0. Recess for Public Hearing Benevento moves to recess for public hearing, seconded by Mazuy. All members in favor. Motion carries 4-0. Notice of Intent New: Cabot Street, Trask St., L.P. Henderson Road – installation of sewer lines, water mains, and appurtenant structures – City of Beverly Hurlburt reads the legal notice. Ralph Souppa of CDM is present to represent the City of Beverly. He explains that this request is for the continuation of sewer lines for the remainder of Cabot Street up to Henderson Road and Trask Street and the replacement of an old water main to provide better water service in the area. He explains that they will be raising Cabot Street 16 inches at the highest point. He explains that drainage details on the site and states that there are wetlands on both sides of Cabot Street. Benevento asks if the area of the road to be raised is part of the Flood Plain. Souppa states no. Benevento asks if all work to be done is within the roadway footprint. Souppa states that all work to be done is within the right of way. At this point Souppa provides detail of surrounding wetland areas. Benevento asks if the roadway will be repaved. Souppa states the entire roadway will initially be trench paved and overlaid. Souppa explains in detail the west side of Trask Street. He states that they plan to go under the culvert with the sewer and water main. He explains that the culvert will be replaced and blasting will be required in this area. Conservation Commission Meeting minutes June 4, 2002 Page 3 Benevento asks how deep will they have to go to get underneath the culvert. Souppa states at least 4 ½ feet. Benevento asks what they will do to handle the flow of the brook in that area. Souppa states that they plan on doing this during the dry time, but states if they have to they will pump any flow around the area of construction. Paluzzi asks what will replace the existing pipe. Souppa states that the pipe that exists now is a 24-inch culvert. He states that they plan to replace that with a 30-inch reinforced concrete pipe, which should provide better flow characteristics. Paluzzi asks if this will go up to Sam Fonzo Drive. Souppa states yes, they will connect to that area. Paluzzi asks if they expect to find any contaminated material. Souppa states that they conducted a boring in the area of construction and no contamination was found. A detailed discussion takes place between Benevento and Souppa regarding the culvert. Benevento requests the detail of the culvert crossing prior to construction. He states that this could be one of the Order of Conditions for this project. Paluzzi asks if there are any additional questions from the Commission. There are none. Paluzzi asks if there are any questions from the public. Pam Kampersal, Norwood Pond Association, asks when the work will begin. Souppa states that construction should begin in August and should be completed in November. Paluzzi asks if there are any additional questions from the pubic. There are none. Mazuy moves to close the public hearing, seconded by Benevento. All members in favor. Motion carries 4-0. Old/New Business Wolfin LLC Assistant City Solicitor Bob Monroe is present. He updates the Commission on a complaint that has been filed against the City of Beverly Conservation Commission by Wolfin LLC from a Request for Determination of Applicability that the Conservation Commission denied. He states that a remand for further consideration of the application has been requested. He states that the attorney for Wolfin LLC is not present. He suggests the following course of action: 1. Determine whether the wetlands were properly delineated on the plan that was submitted to the Conservation Commission; 2. Whether the work outline on the plan is subject to the jurisdiction of the Wetlands Act; 3. Whether the wetlands, or any buffer zones, or any work that was within the jurisdiction of the Commission is created by the ordinance. Conservation Commission Meeting minutes June 4, 2002 Page 4 Monroe suggests that the proper way to proceed in this matter is to answer those three questions. He suggests that the Commission visit the site between now and the next meeting and this matter be continued to the next meeting. Mazuy asks if counsel is in agreement that the remand was requested. Monroe states yes. He instructs the Conservation Commission to clean up the record as to why the decision was made to deny the project. A detailed discussion takes place regarding the site. Mazuy moves to continue the discussion to the next meeting on July 2, 2002, seconded by Goodenough. All members in favor. Motion carries 4-0. Tom Harrigan is present to represent a direct abutter, Mr. Hutchins. He states that this area is located 15 feet away from a resource area. He states that under the Wetlands Protection Act, this determination requires a hearing. Benevento states that wetland resource areas are a restricted area. He further explains that a buffer zone is a regulated area, which under the Wetlands Protection Act and the City of Beverly Ordinance, the Conservation Commission has the jurisdiction to allow work to occur within the buffer zone with a Request for Determination of Applicability (a Negative Determination #3). Benevento states that in this case the Conservation Commission felt that the work that was to occur within the resource area required a Notice of Intent to be filed. A lengthy discussion takes place regarding the difference between a resource area and a buffer zone. Monroe states the purpose of the remand is for the Conservation Commission to make any reconsideration on their decision. Harrigan asks if they can attend the site walk. Hurlburt states that he has to ask the property owner is the public can attend the site walk. Hurlburt states that the date and time of the site walk will be determined at next Wednesday’s meeting. New: Cabot St., L.P. Henderson Road – consolidation and stabilization of fly ash deposits – New England Power Company Hurlburt reads the legal notice. Charles Catuska of Environmental Science Services is present. Also present is Rich Wyman, Elizabeth Green, Bruce Wilkinson and Rich Holbrith. Catuska explains that the general purpose of the project is to recapture fly ash that has been deposited at the Vitale Site. He states that this is an 18-acre site off of Henderson Road. He Conservation Commission Meeting minutes June 4, 2002 Page 5 states that the fly ash was deposited in this location in the 50’s, 60’s and 70’s from the Salem Power Station and since that time the material has eroded downgrade from the site into adjacent wetlands and through the culvert onto Route 97. He explains in detail the process of the flyash removal. He states that the project will include work on five parcels of land that are City of Beverly properties; the Vitale Site, Caitlin Road & LLC, the culvert under Cabot Street, the Dearborn Property, and the City of Beverly Conservation Land located in the Town of Wenham. Catuska states that the entire project area is 39 acres with significant impact within the wetlands. He states that there is approximately 7.19 acres will be directly impact within bordering vegetative wetlands and 4,249 linear feet of Airport Brook will be restored. Mazuy asks when working on the banks and streams, what will happen to flyash. Katuska states that the water will be collected in pipes when the flyash is removed. He provides detailed description of the process. He states that once the stream is stabilized with vegetation the water will be put back into the steam. He states that water from Wenham Lake will be used to stabilize the streams. Mazuy asks where the flyash will go after it is removed. Katuska states that the material will be collected and stabilized at the Vitale Site. He states that the total amount of material that will be brought back to the Vitale Site is approximately 53 thousand cubic yards. Mazuy asks how that material is stabilized. Katuska provides detail of the stabilization process. Benevento states that he is uncomfortable with leaving the material on the Vitale Site again. Wilkinson states that the reason that the material is to be left on the Vitale Site is to determine the final disposition of the material. A detailed explanation of the process of disposition is provided. Mazuy asks what effect will this material will have on the elevation of the site. Wilkinson state the site will be elevated 5 to 6 feet. Benevento asks if there is an ENF required for this. Wilkinson states yes, an expanded ENF was approved and a request for a single EIR. He provides a detailed list of approvals and permits that have been received for this project. Benevento asks the quality of the resource areas, both post and pre of this project; A being good, F being bad. Katuska states that presently the resource areas are rated C with the potential to be A resource areas. Benevento states that the Conservation Commission would like to see this area free and clear of any fly ash. Elizabeth Green from the New England Power Company states that they have been working closely with the Mayor of Beverly to assure that all fly ash will be removed from locations of the site where it should not be. Benevento asks how deep the fly ash deposit will be. Green states that it will be approximately 30 to 40 feet below ground level. Benevento asks if the 5,000 square feet of replication area could potentially be a nature walkway in this area. Green points out the areas of replication and states that there are many decisions to be made for the future. She states that the first phase of this project is to remove the fly ash; other decisions should be left for further phases. Green states that if the City of Beverly comes to a decision of what the parcel will be used for, New England Power can certainly work with each individual landowner to head in the proper direction. Conservation Commission Meeting minutes June 4, 2002 Page 6 Benevento asks if there has been any intent to determine what the cost would be to remove the fly ash assuming that there was some minor salvage value. Wilkinson states that this process would be considered a Phase III process. He states that complete removal would require different technologies. He provides detail of the Phase III requirements and states that they do not have that figure at this point. Benevento asks if the City of Beverly has any say in the final disposition of the material. Wilkinson states that the evaluation will be part of a later phase in the process. Hurlburt states that Lang will be reviewing this plan in detail. Paluzzi asks how long this project will take to complete. Katuska states approximately 1½ years. He explains the reseeding of Wenham Lake and provides a detailed explanation of the dewatering plan. He states that reseeding of Wenham Lake has to be timed with the operation of the Water Supply Board. Benevento asks if relative to the area at elevation 35, when sediments are disturbed are they confident that all fly ash will be removed. A representative states that the preferred way to proceed with the project is top to bottom. He states that the dredging methodology will consist of hydraulic dredging to minimize siltation and turbidity. Benevento asks if the material is currently mobile. Response is no. Goodenough expresses concern for stirring up materials. A representative states that hydraulic dredging minimized resuspension. He further adds that extensive probing will be conducted to determine locations of fly ash. He states that this information is provided in the plan that was submitted. Paluzzi asks if there are any additional questions from the Commission. Benevento asks the Commission to recognize a member of the Wenham Conservation Commission as a matter of protocol before the public. Geraldine Falco, agent to the Wenham Conservation Commission is present. She states that her reason for attendance is to assure that all information is gathered relevant to the fly ash project. She states that the Wenham Conservation Commission has a meeting on Monday evening. Paluzzi asks if there are any questions from the public. Toni Musanti, 12 Willow Street, states that she is concerned about moving the fly ash and leaving it back on the Vitale property. She states that there is no liner on the Vitale site and fly ash should not be left on the site. She is of the opinion that the fly ash will travel again and that is a serious risk to take. She asks what it would cost to remove the fly ash. Benevento states that no determination has been made whether the fly ash will be removed. He states that determination of distribution of the fly ash is still under consideration. He adds that Conservation Commission Meeting minutes June 4, 2002 Page 7 the next set of studies will make that determination. The materials will be stabilized when temporarily stored on the Vitale site. Paluzzi asks if there are any additional questions from the public. Renee Mary, 274 Hale Street, states that the airport and the Nike Site are contaminated. She is of the opinion that other phases must be considered. She asks how other sites will be cleaned up. Paluzzi asks if there are any additional questions from the public. There are none. Benevento moves to continue the public hearing to July 2, 2002, seconded by Goodenough. All members in favor. Motion carries 4-0. Hurlburt states that a site walk will be scheduled at the June 12, 2002 meeting. Katuska thanks the Commission for their consideration. Order of Conditions Cabot St., Trask St., L.P. Henderson Road – City of Beverly Benevento moves to issue a Standard Order of Conditions plus the following special conditions: · Submit details of proposed new culvert, both the inlet and the outlet details, two months prior to the start of construction; · Submit dewatering plan prior to the start of construction, no work will commence until approval is received by the Commission; · Prepare and submit for review by the Conservation Commission a Construction Sequencing Plan prior to work. Seconded by Mazuy. All members in favor. Motion carries 4-0. Certificate of Compliance 886 Hale Street – DEP File #5-623 – Bruce Erikson Mazuy states that he visited the site and states that the site did not look like the site of the plan that was submitted to the Commission. He states that building appeared to be going on. Benevento suggests tabling action this evening and request that the applicant be present at the next meeting. Hurlburt suggests making a phone call to the owner of the property to find out what is going on at the site. Conservation Commission Meeting minutes June 4, 2002 Page 8 Benevento moves to table action and request that the Conservation Agent call the applicant to provide explanation of activity at the site, seconded by Goodenough. All members in favor. Motion carries 4-0. 167 West Street – DEP File # 5-744- Drinkwater Hurlburt states this Certificate of Compliance is for the septic system on the property. She states that she has visited the site and the As-built Plan looks good. Mazuy moves to approve the Certificate of Compliance for 167 West Street – DEP File # 5-744, seconded by Benevento. All members in favor. Motion carries 4-0. Old/New Business 43 Paine Avenue – Court Remand A discussion takes place regarding the remand of this item back to the Commission for reconsideration. Mike DeRosa is present and states that it may be in the best interest of the City of Beverly to make reconsideration. 7 Hemlock Street Hurlburt distributes pictures and explains that the property owner is requesting a maintenance project for her driveway and she is inquiring for Commission approval. The work includes the addition of gravel/lynpac to alleviate ponding. Benevento moves to allow maintenance of driveway with the following conditions: · If maintenance changes the amount of impervious material that presently exists she should have to file; · Driveway material must be more than 5 feet away from the stream on the property. Seconded by Mazuy. All members in favor. Motion carries 4-0. 23 Pershing Avenue Hurlburt explains that she has received a letter of complaint from a resident on 23 Pershing Avenue. She explains that stormwater runoff is occurring on his property and he has suggested that the problem could have something to do with the new shopping center on Enon Street. Hurlburt states that she directed the resident to speak with Frank Killilea. Conservation Commission Meeting minutes June 4, 2002 Page 9 Benevento asks if the area of flooding is actually a wetland resource area. Hurlburt states no. Benevento is of the opinion that this is not within the jurisdiction of the Conservation Commission. Pam Kampersal asks who wrote the letter. Hurlburt states Donald Currier. Kampersal states that she knows the resident and will contact him on this issue. YMCA – Sterling Center Hurlburt states that she has received a letter from Chris Lavasco at the YMCA with a question on removal and installation of a structure. He is asking is a filing is required. Hurlburt states that this area is 20 feet away from the resource area. A discussion takes place regarding whether or not a filing for a Notice of Intent or a Request for Determination of Applicability is required. Mark Levin – 59 Ober Street Hurlburt states that she received a letter from Mark Levin requesting to erect a 6-foot fence to meet the existing fence at the end of his property line. She states that this project is minimal work and the resident will be using a post-hole digger. Mazuy moves to allow erection of a 6-foot fence at 59 Ober Street, seconded by Goodenough. All members in favor. Motion carries 4-0. Letter received from Pam Kampersal Hurlburt reads letter from Kampersal dated June 3, 2002. Benevento asks if there is a superceding RDA on this project. Hurlburt states yes. Benevento asks if this is DEP jurisdiction. Hurlburt states yes. A lengthy discussion takes place on whether the Conservation Commission has any jurisdiction on this project. Kampersal states that the Conservation Commission has more knowledge at this point to make a determination. She states that she is requesting the Commission to consider this and visit the site to determine if the pond is degraded. Hurlburt states that this is now DEP jurisdiction. Benevento asks if DEP has been notified. Kampersal states yes, a letter was sent to them. Conservation Commission Meeting minutes June 4, 2002 Page 10 Toni Musanti, 12 Willow Street, states that DEP claims that the local Commission is to monitor these sites. A detailed discussion takes place on the responsibilities of jurisdiction. Hurlburt states that she will contact DEP on this issue. Lot 7 and 8 – Meeting Place Circle Hurlburt states that the developer is looking for a Certificate of Compliance for these two lots. However, a site visit has not yet been conducted, therefore, she will put this item on the July 2, 2002 agenda. Approval of Minutes – April 23, 2002 Benevento and Mazuy request amendments to the April 23, 2002 minutes, which Hurlburt makes note of and will make required changes. Mazuy moves to approve the April 23, 2002 meeting minutes as amended, seconded by Benevento. All members in favor. Motion carries 4-0. Other Business Hurlburt states that she has received a letter from Algonquin granting an extension to June 14, 2002 with a special meeting scheduled for June 12, 2002. A discussion takes place regarding the best approach for the Order of Conditions. Pam Kampersal states that she would like to add comments to the fly ash issue. She states that to keep the fly ash on the Vitale Site the cost would be $5 million. To remove the fly ash from the site it the cost would be somewhere upwards to $50 million. She states that if removal is decided, the concern for airborne fly ash should be a serious consideration. A discussion takes place regarding the best approach to be taken. Adjourn Mazuy moves to adjourn, seconded by Goodenough. All members in favor. Motion carries 4-0. The meeting is adjourned at 9:25 p.m.