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2002-03-26 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 26, 2002 BOARD MEMBERS PRESENT:Chairman David Lang, Vice-Chairman Anthony Paluzzi, Jay Donnelly, Richard Benevento, Jon Mazuy, Linda Goodenough BOARD MEMBERS ABSENT: Dr. Mayo Johnson OTHERS PRESENT: RECORDER: Karen Bradley Call to Order Chairman Lang calls the meeting to order at 7:05 p.m. Request for Determination of Applicability Continued: 43 Paine Avenue – single family home construction – Priante Development A spokesperson for the project states that construction for the proposed single family home is entirely outside the 100-foot buffer zone. He explains the location of the proposed waterline and the delineation area. He states that contours have been built by a landscape architect for the proposed drainage around the perimeter of the property. Benevento arrives at 7:10 p.m. Lang asks if there are any questions from the members of the commission. Donnelly asks if they plan to cut any trees within the buffer zone. The spokesperson states no. He states that he would like to see the house in place and, if necessary, will come before the board to make that request at a later time. Mazuy asks how many large trees on the site of the home construction will be removed. The spokesperson states that they will save as many old growth trees as possible. He explains that approximately 2,000 square feet will have to be cleared to build the house and they will make every attempt to leave as much vegetation in its natural state. Paluzzi states that he visited the site and approximates 20 trees will have to be cut down. Paluzzi asks where is the revised location of the waterline. The spokesperson states that he is unsure and has not yet viewed the revised plan from Drinkwater Associates. He states that Hurlburt has the plan in her office. He states that the waterline will not be in the buffer zone or the vegetative wetlands. Conservation Commission Meeting Minutes March 26, 2002 Page 2 Lang states that a full filing may be necessary due to the extent of activity within such close proximity to the buffer zone. He explains that a full filing should not restrict the proposed construction, but may be required. Lang asks if there are any questions from the members of the public. Renee Mary, 274 Hale Street, asks if it is possible that the septic will go into the brook that leads to the ocean on this property. The spokesperson states that the details have been worked out to connect to the municipal sewer line. Mike DeRosa states that he was been retained by the Hutchins, abutters of the property. He states that he has reviewed the plans that have been submitted and also attended the site walk on the property. He states that the increase of impervious surface is approximately 5,400 square feet and is entirely outside the 100-foot buffer zone. He states that this issue raises concern for downstream flooding by many of the abutters. He is of the opinion that without filing a Notice of Intent the committee does not have enough information to review the mitigating measures to handle the runoff drainage to the downgrading properties. He states that he has submitted a letter outlining the points that he just raised and urges the committee to issue a Positive Determination and request that a full Notice of Intent be filed to adequately review the drainage. Mr. Becker, 48 Paine Avenue, states that he is concerned for this entire area flooding should the large septic system on the site malfunction. A discussion takes place regarding the private sewer line tie-in for this site. DeRosa states when designing cluster developments comprehensive permits must be issued to show proof that the line can handle a specific number of septic systems. He states that Mr. Reeve has essentially adopted this model for any new development that may wish to connect to the sewer line. Benevento asks what the underlying issue is for this project not to move forward. DeRosa states that abutters are concerned for downstream flooding. Benevento states that a 5,000 square feet increase of impervious surface is not that much area. If the applicant can provide enough information to satisfy the requirements for a Determination then why not allow it to move forward. Joseph Haley, a downgrading abutter from the site, explains that when Drinkwater did the initial excavation for the sewer line the hydrology in this area changed dramatically. He states that he is concerned for lack of information with respect to downstream flooding and would like to see a Notice of Intent filed for this project. Lang asks if there are any additional questions or comments from the public. There are none. Conservation Commission Meeting Minutes March 26, 2002 Page 3 Donnelly moves to issue a Negative Determination #3, seconded by Benevento. Motion fails 2-4. Lang, Goodenough, Paluzzi and Mazuy opposed. Mazuy moves to issue Positive Determination, seconded by Benevento. Motion carries 4-2. Donnelly and Benevento opposed. New: 52 Trask Street – installation of above ground pool – Richard and Colleen Ortins The owner of the property states that he is requesting to install an above ground pool approximately 30 feet from the wetlands. He states that the diameter of the pool is 24 feet. He provides the commission with a map of the property. Benevento asks if any excavation will be necessary. Ortins states no. Donnelly asks if a fence exists between the wetlands and the rest of the yard. Ortins states yes. Lang asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. There are none. Mazuy moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor. Motion carries 6-0. New: 36 Jordan Street – installation of above ground pool – Bruce Innis Bruce Innis, the owner of the property states that the location of the proposed above ground pool is approximately 30 feet away from the wetlands. Mazuy asks if any excavation will be necessary. Innis states no. Donnelly asks what effect the installation of this pool will have on the water flow in this area. Innis states none. He explains that the entire backyard is lawn area. Lang asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. There are none. Conservation Commission Meeting Minutes March 26, 2002 Page 4 Mazuy moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor. Motion carries 6-0. Donnelly states that the Brian Boches, the developer for 4 Farms Lane, is at the ZBA meeting and requests to defer his Request for Determination to later in the meeting. Mazuy moves to recess to public hearing, seconded by Benevento. All members in favor. Motion carries 6-0. Notice of Intent Cont.: 4 Bridal Path Lane – installation of swimming pool, footbridge, and plantings – Rudy & Christine Torrijos Mr. Bagley is present to represent the owner of the property. He provides a detailed explanation of the proposed footbridge. Benevento states that the footbridge is 9 feet in width over a protective resource area. He states that this resource area will be destroyed due to lack of sunlight from the footbridge. He asks if there are any provisions to replicate this area. Bagley states yes, approximately 1.5 times this area will be replicated. Donnelly asks how the proposed footbridge will be protected from 100 year flooding. He asks if water will surface over the bridge. Bagley explains the levels of the stream relative to the height of the footbridge and states that water should flow over the bridge. Lang asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. There are none. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. New: 28 Cliff Street – Two-story and deck addition to rear of house and front entry porch addition – John Theriault John Theriault is present to explain the details of the proposed addition. He explains that the two-story addition will be built over the existing foundation. He states that the area of work to be completed in the wetland area is less than 1,000 square feet. He states that the proposed plan includes a new 12 ft. x 27 ft. deck off the back of the house. Theriault next explains that he plans to extend the existing front porch that will entail the removal of an existing shed. Conservation Commission Meeting Minutes March 26, 2002 Page 5 Donnelly asks if Theriault has a drawing of the side elevation of the project. Theriault provides the side elevation and explains the layout from that prospective. Mazuy asks how far from the top of the slope the proposed addition will be. Theriault states approximately 12 feet. Mazuy asks if the level of the annual high water line of the Danvers River is 45 feet. Theriault states yes. Paluzzi states that he has visited the site and is of the opinion that the owner has adequately explained the site. Benevento asks if any of the proposed work will be in the flood plain. Theriault states no, the work area will be approximately 40 feet above that level. Benevento asks if anything within his property is considered resource area. Theriault states yes and points out the area of his property that is Coastal Bank. Benevento asks how high off the ground the deck will be. Theriault states approximately 10 feet and will be on sonor tubes. Benevento asks what type of soil is present on the site. Theriault states the topsoil is a sandy granular. Benevento asks if the bank has been eroding over time. Theriault describes the area as a rocky area covered with weeds, cultivated plants and garbage. Paluzzi asks if the foundation has been checked by an engineer to ensure stability for this addition. Theriault states no. Mazuy asks who will be constructing the addition. Theriault states that he plans to general contract the job and will use subcontractors to complete the work. A discussion takes place on the details of the deck construction. Lang asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. Tim McCauliffe, 10 Cliff Street, asks if the proposed project is legal. Paluzzi points out the setback line on the plan for the proposed project. Lang asks if there are any additional questions from the public. There are none. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Conservation Commission Meeting Minutes March 26, 2002 Page 6 New: 44 Boyles Street – construct single family home – Matthew Kavanagh Bill Manuel of Wetlands and Land Management is present to represent the owner of the property. He states that the proposed construction for a single-family home is partially in the buffer zone to an Isolated Vegetative Wetland and Bordering Vegetated Wetland. He states that the total acreage is 1.04 acres with access designated through an easement on an existing driveway on the southern side of the lot. He explains the topography of the site in detail and states that runoff will flow to the natural swale on the site to the adjacent Isolated Vegetative Wetland. He states that this area is now protected under the new bylaw. Manuel explains that the back part of the house plan is not yet finalized to accommodate either a deck or sunroom. He states that the driveway is entirely out of the buffer zone. He states that they plan to work with the topography of the lot with the high point at elevation 78. He states that the grade for the back of the house is elevation 79. He also states that all excavation will be stacked up at the bottom of the hill leaving a minimum of 10 feet of separation between the limit of grading and the Isolated Wetland leaving a 3 to 1 slope. Donnelly asks the extent of tree removal near the wetlands. Manuel points out the area where tree removal will be. Donnelly asks what constrictions are in place to protect the wetlands. Manuel states that there will be nothing done to the west of the siltation barrier. Paluzzi asks if soil samples have been taken for wetland delineation. Manuel states yes. Mazuy asks if the property is marked. Manuel states yes. Donnelly asks for the location of the proposed utility. Manuel explains where the municipal sewer is proposed on Boyles Street and states that they will tie into that line. He states that no exact timeframe has been given for this sewer line. A detailed discussion takes place regarding utility tie-in. Lang states that he would like to schedule a site visit. He asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. Renee Mary, 274 Hale Street, states that extensive blasting will be necessary to install municipal sewer lines on Boyles Street. She states that this should be a consideration for this project. Tim McCauliffe, 10 Cliff Street, asks the ultimate destination of the flow of this wetland. Manuel explains the flow and states the ultimate destination is Lawrence Brook. Bruce Munson, 31 Boyles Street, states that there is some concern from neighbors about the buffer zone on the other side of this property. He states that the proposed house is 50% in the Conservation Commission Meeting Minutes March 26, 2002 Page 7 buffer zone and there is a great deal of concern for drainage into the area of his property. He asks if the public can attend the site walk. Manuel states yes. Tom McCauliffe, 48 Boyles Street, asks how close the driveway will be to his property. Manuel states that the driveway will run along the edge of his property. Joan Murphy, 36 Longmeadow Road, asks if you would have to go into the wetlands to connect to the municipal sewer line. Manuel states no. Lang asks if there are any additional questions from the public. There are none. Benevento moves to continue the hearing to the next meeting on April 23, 2002 with a site walk scheduled for April 13, 2002 at 8:30 a.m., seconded by Mazuy. All members in favor. Motion carries 6-0. New: within Beverly Harbor – construct natural gas pipeline to connect with existing pipeline – Algonquin Gas Transmission Company Attorney John Bonsal is present to represent Algonquin Gas Transmission Company. He states that a PowerPoint presentation will be given to provide the background of the project as well as provide information about the various construction techniques that will be employed to complete the project. Also present is Ron Georgio of PCS as well as other representatives from Algonquin and Hubline. PowerPoint Presentation · Overview – Natural gas was found offshore of Nova Scotia in the 1970’s. Technology was not developed until the mid 1990’s to extract the gas from the gas fields. · Map of pipeline from Nova Scotia to Dracut, MA. · Purpose and Benefits – Bring new and competitively priced natural gas into Eastern Massachusetts. · Scope of the Project – 29 miles, 30” diameter pipeline from Beverly to Weymouth. Deer Island lateral approximately 5.4 miles, 24” diameter pipeline off of main line to service NWRA. Pipeline will be in service in 2003. · Explanation of regulatory determinations with Federal and State agencies. · Goal – Select route for the pipeline with minimal impact on residents, businesses and the environment while meeting project requirements. Lang asks if the Conservation Commission does not approve the Notice of Intent, what will their next step be. Bonsal states that they are required to work with the local commissions. He explains that the Conservation Commission can delay the project by setting conditions. · Environmental Training – Contract personnel and environmental monitors that will be employed will be trained to adhere to the conditions of the various permits. Conservation Commission Meeting Minutes March 26, 2002 Page 8 · Construction Scope – detailed plan. · Drawing of the planned route Hubline – 2 ½ miles of pipeline in Beverly. · Construction Methods include dredging, shallow water lay and offshore lay. · Diagram of large barge with spudded equipment. Includes picture of lay barge (no anchors). · Pipeline welding – non-destructive weld inspection. · Explanation of surface preparation, corrosion coating, field joint protection, and pipe support stinger. · Marine pipeline burial methods – HDD (horizontal directional drilling) used to minimize impact to shoreline. · Beverly Harbor HDD layout – water to water drill. Benevento asks how deep the pit is when applying HDD. Response is a maximum of 10 feet. The actual pipeline is buried between 60 and 80 feet. · Marine pipeline construction equipment – HDD rig to perform hydrotesting of string, both pre- and post-pull. · Dredge Spread Scheduling – 60 to 90 days. Benevento asks if an underwater siltation boom will be used to control movement. Response is that an environmental bucket may be required by DEP. Lang asks if HDD is less intrusive. Response is that it could be in areas of along the shoreline. Lang states that area residents have expressed concern for turbidity in areas of less than 20 feet of water (i.e. Bass River area). Response is that the lay in this area will include dredging and then plow. A detailed discussion takes place regarding the extensive planning and testing that has been conducted for this project. · Plow Vessel Spread – 3 to 4 weeks. · Construction Equipment - Offshore Lay Barge, Plow Vessel, Marine Pipeline Equipment Plow, Pipeline Plow. · Marine Pipeline Equipment – Jetting Vessel Spread, Jet Barge, Jet Sled. · Trench Configurations · Marine Pipeline Equipment – Backfill Plow, Support Equipment, Pipe on Pipehaul Barge, Anchor Handling Tug, Offshore Crewboat, Diving or ROV Support Vessel. · Hydrotesting · Preliminary – Hubline Pipeline Project Schedule – Begin sometime in November. · Summary Mazuy asks if the pipeline will be laid piece by piece. Response is that it is most effective to lay to George’s Island and then come back and jet to get pipeline down to proper depth. Representatives explain that they plan to minimize impact by attempting to conduct construction Conservation Commission Meeting Minutes March 26, 2002 Page 9 within one season. They state that winter is the best time due to fisheries concern and the recreational boating season. They are aware of the contamination issues out by McCabe Park. They explain that in this area HDD will be used for 5,000 feet. Extensive technical work has been conducted to minimize amount of hard body area impacted. Detailed explanation of DEP background is given. Lang asks which DEP agency they are working with. Response is DEP Waterways. Lang asks if turbidity levels have been measured. Response is that they are working with DEP to determine levels. They explains that suction dredging is not being used, they will be using capture drilling where cutting materials will cause minimal turbidity with drilling. They state that all drilling cut materials will be taken to the MassBay Disposal Site. Renee Mary, 274 Hale Street, states that she is concerned for the eelgrass being destroyed in the Bass River area. Response is that they will not be going through any of the eelgrass in that area. Paluzzi asks what effect with project will have on the Salem Harbor project. Response is that there will be some coordination with other entities to develop a work program. They state that nothing will occur in the navigation channels of that project. Lang asks if there will be any concrete installed. The response is no, there is already concrete on the pipe that will be installed. Benevento asks if there is any diving involved after the project is complete to ensure everything is working properly. The response is yes. Renee Mary, 274 Hale Street, asks how they propose to get around the South Essex Sewerage pipes. The response is that they will be directional drilling underneath those pipes. A detailed explanation of the drilling in this area is provided. Lang states that he would like to continue this hearing to have the opportunity to speak with EPA and DEP that are involved with this project. The representatives provide some names for Lang to contact that have been involved in the project. Lang asks if there are any additional questions from the commission. There are none. Lang asks if there are any questions from the public. Tim McCauliffe, 10 Cliff Street, asks where the blasting will take place. The response is that they do not anticipate any blasting, HDD will be used. McCauliffe asks if HDD will go through rock. The response is no, a rotary drill bit will be used and explains that if any movement occurs it will be from the bit being driven down initially. Conservation Commission Meeting Minutes March 26, 2002 Page 10 Mazuy asks how many contractors will be doing that type of drilling. The response is that four qualified contractors will conduct this type of drilling and they explain that this is a very specialized effort. Joan Murphy, 36 Longmeadow Road, asks for an explanation of the sucking up of liquid through tubes after jetting and asks if this will cause turbidity. The response if that yes, it will cause some turbidity and that this process will take place after the trench has been dug and sediments have been evaluated. Joan Johnson, 677 Hale Street, asks what effect the salt water will have on the concrete on the outside of the pipes. The response is that very little effect will be had on the concrete. Mazuy asks the longevity of the concrete. The response is that they are unsure. They explain that the concrete is used for weight purposes only. Joan Murphy, 36 Longmeadow Road, asks what effect an earthquake would have on a pipeline of this nature. The response is that the anticipated level of activity in this area would not cause any ruptures or failures. Lang asks how is it determined that there is a leak in the pipeline. The response is that there are pressure sensors in place to make that determination. A detailed explanation is provided on the weld testing of the pipeline and isolation methods that are used to investigate any problems should they arise. Renee Mary, 274 Hale Street, asks if copies of the PowerPoint presentation are available for the public. Lang states yes. Mary asks why the size of the pipe was changed from 24” to 30”. The response is that a 30” pipe will enable transportation of additional gas supply that is being found. This will avoid the installation of a second pipeline at a later time. Mary asks if there is any connection to Enron. The response is no. Lang reminds the public to keep in topic with the Conservation Commission’s area of jurisdiction. Mary asks who will monitor testing. The response is that they will comply with the requirements of the state, DEP and federal agencies. Benevento asks for the representatives present for this project to identify themselves, which they do. Benevento moves to continue the hearing for Algonquin Gas Transmission Company within Beverly Harbor to April 23, 2002, seconded by Paluzzi. All members in favor. Motion carries 6-0. Conservation Commission Meeting Minutes March 26, 2002 Page 11 New: Salem Harbor and Federal Navigation Channel – maintenance dredging – City of Salem Martha Reinhart and Denise Sullivan are present to represent the City of Salem. Also present is Mark Cable of the Core of Engineers. Reinhart explains the overall project stating that maintenance dredging at a depth of 32 feet will take place. She states that this was last completed in 1968. Cable explains that a 300-foot wide bottom cut of the channel will take place. The areas that will be dredged are pointed out. Cable states that this has been tested and approved by the EPA to go out to the MassBay Disposal Site. He states that they plan to begin the dredging in the fall of 2003. Benevento asks how far out the MassBay Disposal Site is. Cable states it is approximately 20 miles off of Marblehead. Lang asks if there are any additional questions from the members of the commission. There are none. Lang asks if there are any questions from the public. A Beverly resident asks if this project has been reviewed by MEPA. Reinhart provides detailed information on the state and federal requirements for this project. A Beverly resident asks who the primary beneficiary is for this project. Cable states that the Salem Power Plant is the primary beneficiary for the main channel. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries 6-0. Request for Determination of Applicability New: 4 Farms Lane – remove existing home and construct single family home with attached garage – Brian Boches Boches states that he was not aware of the stream on the property. He states that the stream is approximately 150 feet away from the area of construction. Mazuy asks if the new house will be located in the same area as the existing house. Boches states yes. Mazuy recommends a silt fence be erected on the side of the lot near the stream. Conservation Commission Meeting Minutes March 26, 2002 Page 12 Benevento moves to issue a Negative Determination # 3 with the condition that a silt fence be installed on the east side of the property between the stream and point of excavation, seconded by Paluzzi. All members in favor. Motion carries 6-0. Order of Conditions 4 Bridal Path Lane Mazuy moves to issue Standard Order of Conditions subject to the submission of a Replication Plan prior to the start of work. Seconded by Paluzzi. All members in favor. Motion carries 6-0. Salem Harbor and Federal Navigation Channel – City of Salem Paluzzi moves to issue Standard Order of Conditions, seconded by Benevento. All members in favor. Motion carries 6-0. 28 Cliff Street – John Theriault Paluzzi moves to issue Standard Order of Conditions with the condition that prior to the start of any work all dumped material that presently exists in the resource area is to be cleaned up. Seconded by Mazuy. All members in favor. Motion carries 6-0. Certificate of Compliance 90 Preston Place – DEP File #5-655 – Abigail Kelly Mazuy moves to approve the Certificate of Compliance for 90 Preston Place – DEP File #5-655, seconded by Paluzzi. All members in favor. Motion carries 6-0. Old/New Business 4 Whitaker Way Lang explains that a neighbor has cut down a group of trees. He states that a determination needs to be made whether or not this area is covered by the Rivers Act. He states that this area is an outlet to Norwood Pond. He asks Pam Kampersal of Norwood Pond Association if this area ever dries up. She states that she has never seen this area dry. Lang states that with that determination, a permit should have been acquired prior to cutting any trees. A neighbor is present and states that an excavation contractor has been out there and he is concerned for what the owner has planned for the property. He states that the Miles River flows all year, which constitutes the Rivers Act. Conservation Commission Meeting Minutes March 26, 2002 Page 13 Mazuy moves to issue a Cease and Desist Order to the resident at 215 Dodge Street and request his attendance at the next Conservation Commission meeting on April 23, 2002 to explain his intent for this property. Seconded by Paluzzi. All members in favor. Motion carries 6-0. J.C. Phillips Nature Preserve/Cross Country Meet Lang reads an email that he received from Artie Sullivan of Endicott College requesting to hold a cross-country meet against Gordon College at the J.C. Phillips Nature Preserve. He states the meet is to be held on August 31, 2002 at 9:30 a.m. Benevento moves to approve use of J.C. Phillips Nature Preserve for cross-country meet on August 31, 2002 at 9:30 a.m., seconded by Donnelly. All members in favor. Motion carries 6-0. Other Items Pam Kampersal updates the commission on the Commodore Site stating that specific tests are taking place for fly ash. A detailed discussion takes place on this issue. Kampersal states that she received a call from a resident regarding Cycles 128. He expressed concern that the parking lot is being expanded and wetlands are being filled in. Kampersal requests that a commission member visit the site. Lang directs Kampersal to speak to Hurlburt on this issue. Joan Johnson states that April 20, 2002 is Earth Day. She explains that activities will be taking place and a schedule should be forthcoming. She states that Cape Ann Vernal Pool will be conducting a presentation on the Beverly Common at 4:00 p.m. Approval of Minutes Paluzzi states that he has typographical changes to the February 26, 2002 meeting minutes that he will submit to Hurlburt. Mazuy moves to approve the February 26, 2002 meeting minutes as amended, seconded by Paluzzi. Motion carries 6-0. Adjourn Mazuy moves to adjourn, seconded by Donnelly. All members in favor. Motion carries 6-0. The meeting is adjourned at 10:10 p.m.