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2002-02-26 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: February 26, 2002 BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson, Jay Donnelly, Jon Mazuy, Richard Benevento BOARD MEMBERS ABSENT: Linda Goodenough OTHERS PRESENT: Debra Hurlburt, Planning Director RECORDER: Jeannine Dion Chairman Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability Longview/Hill Street area – remedial activities – IT Corporation Jeff Plant, Senior Consultant from IT Corporation states he is before the Commission for three items. First, a Request for Determination of Applicability for the proposed permanganate injection in the Longview/Hill Street area. The original Notice of Intent was filed in November, 2001. An Order of Conditions was issued by the Commission. An appeal was filed requesting a Superceding Order of Conditions and as a result, the Order of Conditions was amended on January 8, 2002 to remove one (1) of the four properties from the original and make one change relative to the storage requirement. The second submittal was the Request for Determination of Applicability for the proposed permanganate injection for the 150 Sohier Road property. The Commission granted a Negative Determination #3 on January 8, 2002. The applicant is now requesting a Certificate of Compliance to withdraw the original NOI, which would “close the books” on it. The second submittal is a new NOI to do the original well installation for only three of the four areas (150 Sohier Road, 32 Tozer Road and the Longview/Hill Street area for the Shore Country Day School). Finally, the applicant is appearing for the Request for Determination of Applicability for permanganate injections in the soccer field area for the school. Rick Lewis, Vice President of Remediation Technologies provides an overview of the project. There will be four phases of the project. The first phase would be a very small injection of about Conservation Commission Meeting Minutes February 26, 2002 Page 2 370 gallons of oxidant into one point. That would be monitored. Based on the performance of the first phase, IT will scale up to add to the other three locations. IT will only do partial applications each year, so that it will minimize the amount of liquid injected at any given summer and it gives more time to monitor where it goes, how far it goes and the affects of it. The injection and the treatment that IT is trying to accomplish is not at the surface, near the stream. The injection is about 100 feet from the stream and at a depth of between 25 and 30 feet below surface. The likelihood of the water migrating to the stream is unlikely. Lang asks if indoor testing has started. Seth Jaffey from Foley, Hoag & Elliott, counsel for Varian responds that indoor air testing will be complete before any injections commence. Plant states none of the work can proceed until approval is received from the Commission and all the proper access agreements with the property owners are in place. Lang asks if it will be a dry method for drilling. Lewis responds that he will use augers. Mazuy asks what the minimum depth of applying the permanganate. Lewis responds that it is 20 feet. Lang asks if there are questions from the public. There are none. Mazuy moves to issue a Negative Determination #3, seconded by Paluzzi. All members in favor. Motion carries. 32 Haskell Street – replace sewage system – Sam Stantial John Judd from Gateway Consultants appears on behalf of the applicant. The applicant is proposing to upgrade an existing sewage disposal system on the property located at 32 rear Haskell Street. The wetlands have been flagged. The leaching facility will extend 13 feet into the buffer zone and the tank is situated outside the buffer zone. The project will take less than a week and the plan has been approved by the Beverly Board of Health. Mazuy asks what the total area to be excavated. Judd responds 30 feet x 38 feet. Mazuy states he visited the site and everything looked fine. Paluzzi moves to issue a Negative Determination #3, seconded by Mazuy. All members in favor. Motion carries. 43 Paine Avenue – single family home construction – Priante Development Charles Ganson, architect for the project states the property has been surveyed and flagged by John Giacobbe. The wetlands have been delineated and all work is outside the buffer zone. Conservation Commission Meeting Minutes February 26, 2002 Page 3 Donnelly asks if the proposed utilities are outside the buffer zone. Ganson responds that they are outside the buffer zone. Mazuy asks if the developer has authorization to tie into the sewer. Priante responds that he has spoken with the owner of the line and reached an agreement. Mazuy states that there is an area on the plan, which shows a concrete pipe. He states there was an open hole somewhere in that area where he has seen running water (an underground stream). Ganson states he does not know anything about it. Dr. Johnson states that the wetlands have been reflagged since it was last done in 1998. When he was out there he tried to compare the present flagging with the previous one and the higher flag came further towards the proposed house than the present one. Ganson responds that John Giacobbe said he was conservative and his flagging is a slightly larger than the previous area. Lang asks why the applicant is bringing this before the Commission if all the work proposed is beyond 200 feet from the edge of the wetland. Lang responds that he understood that it was procedure to inform the Commission that he is about to apply for a permit and the applicant feels he is outside the area. Dr. Johnson states that it appears that the furthest point, which was demarcated four years ago is considerably closer to the proposed house than the present flag. It seems that the buffer zone has moved out approximately 30 – 40 feet, making the determination a positive one. Mazuy asks if the applicant staked out the location of the house. Priante responds that he has not. Hurlburt states that this is a Request for Determination of Applicability. The applicant just wants to determine the boundary lines. The Commission may want to go out and reconfirm the lines as a group. Lang recommends the applicant have a geologist take a few soil samples and have the Commission members visit the site. A site visit is scheduled to take place on Saturday, March 16, 2002 at 8:30 a.m. Lang asks if there are any questions from members of the public. Dorothy Baldini, an abutter asks who establishes wetlands. Lang responds the Conservation Commission does. She states she does not believe the culvert is concrete and recommends the Commission look at it when they visit the site. Renee Mary, 274 Hale Street asks if the public could attend the site walk. Priante responds that the public is welcome. Conservation Commission Meeting Minutes February 26, 2002 Page 4 Eamon Fennesey, 11 Paine Avenue asks what the purpose of tonight’s meeting is. Lang explains the applicant would like to determine if they have to file a full Notice of Intent or whether the commission can agree that they are outside the 100-foot zone, which would not require them to file a full Notice of Intent. Burt Hutchins, 60 Paine Avenue states the issue of an underground river is an important issue because a foundation could alter the underground flow of water. Phoebe Ingram, 28 Paine Avenue states she is further down the river and she expresses concern that this project would affect her property radically. Joseph Haley, of Log Brook Road expresses concern regarding the brook. He states that Log Brook is flowing perennially (with a lot of water). If it gets blocked, it accumulates a lot of water. Mazuy moves to continue the hearing until March 26, 2002 pending a site visit on Saturday, March 16, 2002 at 8:30 a.m., seconded by Paluzzi. All members in favor. Motion carries. Paluzzi moves to recess for public hearings, seconded by Mazuy. All members in favor. Motion carries. Notice of Intent Amendment to Order of Conditions – DEP #5-532 Centerville School – construction of detention basin at rear of school – Guerriere & Halnon, Inc. Mike Dean from Guerriere & Halnon, Inc. introduces Michael Harrison (architect), Deborah Mitchener (landscape architect) and Peter Seamans, City of Beverly Engineering Department. Dean states he is before the board to request an amendment to the original Order of Conditions. The amendment is to modify plans for the construction of a detention basin behind the school building. The original proposal was for an underground detention system. The change is to construct an aboveground detention basin. The city officials did not like the idea of maintaining a subsurface detention system. Mazuy asks what the depth and width of the detention basin. Dean responds that it is approximately 120 x 80 feet. Benevento asks for a comparison of maintenance associated with an above ground detention basin versus a subsurface system. Dean responds that for an underground system you must be sure that it stays clean and make sure that no solids are in the system. If there is a problem, it is under the ground and you have to access it somehow to clean it out. It is not as easy to troubleshoot a problem on an underground system through the small ports. An above ground detention system is easier to access. You still have to cut the grass and maintain the area. Conservation Commission Meeting Minutes February 26, 2002 Page 5 Seamans states the goal is to eliminate the underground systems. Benevento asks if a fence is being proposed around the detention system. Dean responds that there will be a fence. Donnelly asks how extensive tree removal will be. Dean responds that there will be approximately 14,000 square feet in the buffer zone that will need to be cleared. Donnelly asks what plantings will be proposed. Mitchener responds that a variety of wetland species will be planted. Donnelly asks if the plants placed in the detention basin will reduce the storage capacity over time. Mitchener responds that most of the plants will only be about one foot tall. Donnelly asks what impact this proposal will have on the water levels of the adjacent wetlands. Dean responds that the water level should not change. Mitchener states there is another change that she would like the Commission’s comment on. The Committee has asked that the entrance road be widened from 24 feet to 30 feet. The reason for the proposal is safety for pickup of children. Benevento expresses concern regarding how the change will impact the abutter. Mazuy recommends addressing this at a future meeting. Donnelly recommends that this be approached in a more comprehensive way to understand what impact it will have on the abutting property and the stream. Benevento moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 150 Sohier Road & 32 Tozer Road – installation of monitoring & injection wells – IT Corporation Jeff Plant states the applicant is requesting that the original Notice of Intent be withdrawn. No work has been performed. There are Order of Conditions and Amended Order of Conditions that have been recorded with the registry. He requests a Certificate of Completion for the Notice of Intent, in essence withdrawing it. There is discussion regarding how to proceed with the request for the “withdrawal.” Attorney Jaffey states the DEP’s view is you cannot amend an Order after a Superceding Order Request has been filed. Conservation Commission Meeting Minutes February 26, 2002 Page 6 Lang recommends that the Commission issue a Certificate of Compliance for DEP File #5-758. Benevento moves to issue a Certificate of Compliance for DEP File #5-758, seconded by Paluzzi. Benevento, Dr. Johnson, Donnelly in favor. Mazuy opposed. Motion carries (4-1-0). 150 Sohier Road & 32 Tozer Road – installation of monitoring & injection wells – IT Corporation Plant states the Notice of Intent before the Commission is almost identical to the original one. The major changes are: · Three parcels, instead of the four parcels. · The original Notice of Intent was for 17 wells and this is for 14 wells. · The following was added regarding containerized waste: “Soil generated during the well installations will be containerized in 55 gallon drums and staged in a designated area at 150 Sohier Road for up to 90 days pending off site disposal at a licensed disposal facility.” The proposed access agreements will be in place before the work is performed. Mazuy moves to close the hearing, seconded by Paluzzi. All members in favor. Motion carries. 56 River Street – building addition & associated work – R.C. Realty Bob Griffin from Griffin Engineering appears on behalf of the applicant. The owner of the property is the 56 River Street Trust. Mr. Fiore is the trustee. The applicant is R.C. Realty Trust (Tom Carnevale). The project involves the site of the river house. The project involves construction of a 30-foot wide metal building. The building is approximately 95 feet long. The project is before the Commission because a portion of the site is within the flood plain. The proposed construction is a concrete foundation with a metal building on top. The proposed use of the building is storage for contractor’s equipment. Lang asks if the oil/gas trap will be maintained. Griffin responds that an O&M plan calls for periodic inspection of the oil and sand trap. Donnelly asks what will be done with the excavated materials. Griffin responds that they will be removed from the site. Benevento moves to close the hearing, seconded by Johnson. All members in favor. Motion carries. Conservation Commission Meeting Minutes February 26, 2002 Page 7 4 Bridal Path Lane – installation of swimming pool, footbridge, and plantings – Rudy & Christine Torrijos Doug Cook from Landesign appears on behalf of the Rudy and Christine Torrijos. The request is for the installation of a swimming pool, footbridge over an intermittent stream and plantings. Cook states that the stream is pretty nondescript and looks like a drainage ditch going through the backyard. The intent is to enhance the stream and keep some of the existing vegetation that is around it and introduce some natural boulders and perennials. Mazuy asks what the second bridge will be constructed of. Cook responds that they are thinking of a stone bridge. Benevento asks how the impacts to the bank will be replaced. Cook responds that it is basically grass now. In most cases, plant material will be introduced. Mazuy states he would like more detail regarding how the bridge will be constructed and he expresses concern regarding chemical use. Benevento states he does not clearly understand where the wetland area is that is being protected. He asks how much of the resource area is being affected, and how much of the affected area is coming back. Lang states the graphic is beautiful but more detail is needed. The Commission requests the following information: · A cross-section of the bridge. · Bridge construction detail. · If a resource area is affected, a detail of the replication is needed. · Determination of the area of replication. Benevento moves to continue the hearing until the next scheduled meeting on March 26, 2002, seconded by Paluzzi. All members in favor. Motion carries. Orders of Condition Amendment to Order of Conditions – DEP #5-532 – Centerville School – construction of detention basin at rear of school – Guerriere & Halnon, Inc. Benevento moves to issue the following conditions: 1. Standard conditions. 2. Clearing of trees shall be limited to the area of cut and fill. Conservation Commission Meeting Minutes February 26, 2002 Page 8 Seconded by Paluzzi. All members in favor. Motion carries. 150 Sohier Road & 32 Tozer Road – installation of monitoring & injection wells & IT Corporation Benevento moves to issue the following conditions as amended: 1. Standard conditions. 2. The Order of Conditions does not cover injection of permanganate. 3. The Order of Conditions does not provide permission, either expressed or implied to go onto private property. Applicant shall secure permission to access private property. Seconded by Paluzzi. All members in favor. Motion carries. 56 River Street – building addition & associated work – R.C. Realty Benevento moves to issue the following conditions: 1. Standard conditions. 2. Excavated materials should be removed from the site and legally disposed of at an offsite facility. 3. Any evidence of contamination should be tested by a certified State laboratory before removed from the site. Results shall be submitted to the Commission. 4. If removing any material from the site, testing for volatile organic compounds (V.O.C.). Results shall be submitted to the Commission Seconded by Paluzzi. All members in favor. Motion carries. Old/New Business Discussion with Joseph Eckstrom, Johnson Golf Management regarding storage of ground fuel storage tank Hurlburt states that the Commission has received a letter from Johnson Golf Management regarding the desire to install an above ground storage tank. Mr. Eckstrom is not present at the meeting. The members would like Mr. Eckstrom present at a meeting to discuss this further. Subcommittee Meeting with City Council regarding Cemetery Space Hurlburt states she attended a subcommittee meeting with City Council to discuss cemetery space. The city is running out of space and some Conservation Commission property was mentioned. City Council asked if the Conservation Commission would consider it. Hurlburt does not think it should be something that should be dismissed right off the bat. She recommends that the Commission ask the City Council to put something together and discuss this at a future date Conservation Commission Meeting Minutes February 26, 2002 Page 9 with City Council. Lang states he would like to have a public hearing to discuss the topic further. Tall Tree Drive A site inspection is scheduled to take place on March 14, 2002 at 9:30 a.m. on Tall Tree Drive. 75 Fonzo Drive A Superceding Order of Conditions was issued to 75 Fonzo Drive. Beverly/Salem Water Supply Board Hurlburt states there was a Beverly/Salem Water Supply Board meeting scheduled recently, which she and David were never notified of. Lang states there is arsenic in the sediments in Wenham Lake. Wenham Lake is now a tiered site. Essex National Heritage – Trails and Sails Event Hurlburt states the Commission has received a letter from the Essex National Heritage regarding the first annual Trails and Sails collaborative event. Rules and Regulations Hurlburt states the Commission needs to schedule time to discuss Rules and Regulations. A meeting is scheduled on March 26, 2002 at 9:00 a.m. in the Library to discuss Sections 1 and 2. Isolated Vegetated Wetland Definition Hurlburt recommends that the Commission define isolated vegetated wetland. She reads a definition from the Town of Rowley’s definition. Members agree that an interim definition must be in place. Benevento moves to accept the Town of Rowley’s definition of isolated vegetated wetland until the Commission adopts the full Rules and Regulations, seconded by Mazuy. All members in favor. Motion carries. Regulations for Drought Hurlburt passes out regulations for drought for members to review and provide comments. Conservation Commission Meeting Minutes February 26, 2002 Page 10 Letter from Lou Fabris The Commission has received a letter from Lou Fabris regarding the Enon Street Commodore site regarding fly ash that was found at the site. Mass Electric – West Street and Hale Street Hurlburt states that relative to the Request for Determination of Applicability that the Commission issued to Mass Electric, there were certain conditions issued. Mass Electric was putting in a precast switchgear manhole and one of the conditions was that if they encountered water, the Commission wanted to see a dewatering program. Mass Electric submitted information regarding a product they use called the “dirt bag.” They aren’t sure if they will encounter water, but they wanted to submit it to the Commission for approval. Paluzzi moves to accept the dewatering proposal, seconded by Dr. Johnson. All members in favor. Motion carries. Request for Extension of Time – DEP #5-532 – Centerville School Benevento moves to grant an extension of two years to the permit for the Centerville School, seconded by Mazuy. All members in favor. Motion carries. Approval of Meeting Minutes Donnelly moves to approve the minutes dated January 8 and January 29, 2002 as amended, seconded by Paluzzi. All members in favor. Motion carries. Pam Kampersal Kampersal informs Commission members that 40,000 cubic yards of fly ash was found at the Commodore site. She went on a site walk at the site with DEP and asked if they would consider putting in monitoring wells, at the least, to protect public health. She provides a report from the LSP on site. The site is very similar to the Vitale site and Kampersal is looking for proof that Vitale dumped the fly ash on the site. Kampersal expresses concern about protecting Wenham Lake. Kampersal states that a neighbor has taken photos of tires and bicycles dumped on the site. Lang recommends sending a letter to DEP requesting they put in monitoring wells because of the proximity of the site to Wenham Lake. Mazuy moves to send a letter to DEP requesting the installation of monitoring wells at the 45 Enon Street site, sending a copy of the letter to Wenham Lake Watershed Association, the Beverly/Salem Water Supply Board and the owner of the property, seconded by Benevento. All Conservation Commission Meeting Minutes February 26, 2002 Page 11 members in favor. Motion carries. Mazuy moves to send a letter to Attorney Thomas Alexander requesting a copy of the 21E report, seconded by Paluzzi. All members in favor. Motion carries. Open Space & Recreation Committee Open House Paluzzi advises members that the Open Space and Recreation Committee is having an open house th on March 5. Everyone is invited to attend. Master Plan Public Hearing th Hurlburt advised members that there is a public hearing to discuss the Master Plan on March 7 at the Senior Center Adjournment Paluzzi moves to adjourn, seconded by Mazuy. All members in favor. Motion carries. The meeting is adjourned at 9:55 p.m.