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2003-06-03 CITY OF BEVERLY Public Meeting Minutes BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 3, 2003 BOARD MEMBERS PRESENT: Chairman David Lang, Dr. Mayo Johnson, Linda Goodenough, Eileen Duff, William Squibb, Ian Hayes BOARD MEMBERS ABSENT: Anthony Paluzzi OTHERS PRESENT: Amy Maxner, Conservation Agent RECORDER: Jeannine Dion (by tape) Lang calls the meeting to order at 7:00 p.m. Request for Determination of Applicability New: 109 Water Street – repairs to Tuck’s Point public walkway – Tuck Point Condominium Trust Maxner reads the legal notice. Mr. Russel provides an overview of the project on behalf of the Condominium Association. He explains that the applicant is proposing to refurbish an existing asphalt sidewalk that leads to the wharf behind the westerly building of the Tuck Point Condominium complex. He states that approximately 30 feet of the existing asphalt will be removed and resurfaced in Riverfront Area of the Danvers River. Lang asks if there will be a gate. Russel responds that there is currently a gate, but the intention is to remove the gate and allow it to be open access to the wharf. George Whitney states when the condo was built there were a lot of accidents. He states that Water Street is a public easement and the condo is required to have an 8-foot wide minimum walkway. Lang states that for 22 years the walkway was 5 feet wide. Councilman Ron Costa, 14 Atlantic Avenue, states that this project is going to be done at the condominium association’s expense. He states that if it doesn’t meet the proper rules and regulations, then adjustments should be made. Conservation Commission Meeting Minutes June 3, 2003 Page 2 Art Daignault, ADA Coordinator, states that 5 feet is wide enough for two wheel chairs to pass by. He explains that the condominium association has agreed to decrease the slope of the walkway and they have been very cooperative with him. Maxner reads a letter from David Gardner, Chairman of the Open Space and Recreation Committee. Dr. Johnson moves to issue a Negative Determination #3, seconded by Goodenough. All members are in favor. Motion carries 6-0. Duff moves to recess for public hearings, seconded by Goodenough. All members are in favor. Motion carries 6-0. Abbreviated Notice of Resource Area Delineation New: Off Lee Street and Folger – Resource Area Delineation – John and Angelina Tanzella John Dick from Hancock Environmental provides an overview of the site. He states that Hancock delineated the resource areas in February and March of this year, which includes Salt Marsh, Coastal Bank and Riverfront Area. Dick refers to a discrepancy on the ownership of certain parcels, but that the applicant’s lawyer has researched this and has correct information from the Registry. Lang asks for clarification with regard to what looks like a reverse slope on a portion of the plan. Dick states that the slope kicks up above the Flood Plain at elevation 10. He states that there is land subject to coastal storm flowage present at the site. th A site walk is scheduled to take place on Saturday, June 14 at 8:00 a.m. Renee Mary, 274 Hale Street asks if the Conservation Commission is going to contact Rebecca Haney at Coastal Zone Management. Lang responds that would be helpful. Maxner agrees to send the plan and application to Ms. Haney. th Dr. Johnson moves to continue to the next meeting pending a site visit on Saturday, June 14, seconded by Goodenough. All members are in favor. Motion carries 6-0. Conservation Commission Meeting Minutes June 3, 2003 Page 3 Notice of Intent New: Cross Lane and Boyles Street – sewer and storm water improvements – City of Beverly Engineering Frank Killilea introduces Gage Macleroy, an associate with Stearns & Wheeler. MacElroy states that the proposed project is an infrastructure improvement project, which will be done in phases. He states the project was initially a sewer project but the Engineering Department decided to make stormwater improvements as well. Macleroy explains the Engineering Department is proposing to implement sewer, drainage and stormwater improvements off Cross Lane and at the intersection of Cross Lane and Boyles Street and repave the existing roadway in Riverfront Area and Buffer Zone to Bordering Vegetated Wetlands (BVW). He states that 8” PVC sewer will be added to provide sewer service to residents of Cross Lane. He explains that a drainage system will be implemented to alleviate some of the flooding problems in this area, by replacing the existing 24” and 12” culverts with a pre-case 4’ by 3’ concrete box culvert. He explains that the culvert entails work being conducted at the Mean Annual High Water Line. A resident of Cross Lane states all of the neighbors were given an opportunity to review the plans and they are all in favor of the project. Maxner states that she took photographs of the work area and hands them to members for review. Squibb asks a clarifying question about the pipe running underneath Birchwoods Drive, as he noticed some erosion into the brook. Macleroy explains that this pipe is going to be connected directly to the culvert and will not be on the side of the bank. Dr. Johnson moves to close the hearing, seconded by Goodenough. All members are in favor. Motion carries 6-0. Cont: 245 Dodge Street – building addition and site work at single-family residence - Bertolon Bob Griffin, Griffin Engineering presents on behalf of the applicant. He provides an overview of the project. He states the proposed project involves construction of an addition to a single family home and reconstruction of an existing pool with associated landscaping and site work in the Buffer Zone to BVW. Johnson would like for the stockpiling of material to be kept to a minimum. Griffin is sure that the applicant will agree to this. Pam Kampersal expresses concern about tree removal, procedural accuracy and protecting Norwood Pond. She states trees were cut and she provides pictures of the area. Conservation Commission Meeting Minutes June 3, 2003 Page 4 Lang states the area in the photos is not in the resource area or buffer zone and the Conservation Commission does not have jurisdiction. Duff moves to close the hearing, seconded by Goodenough. All members are in favor. Motion carries 6-0. New: Amendment to Order of Conditions – DEP #5-765 – 150 Sohier Road – installation of up to ten additional injection wells – Shaw Environmental, Inc. Larry Nesbitt from Shaw Environmental provides an overview of the proposed project. He explains there is an existing Order of Conditions issued for work involving remediation activities on the former Varian Site, which included installation of monitoring and injection wells. He states remedial activities involve the destruction of volatile organic compounds in soil and groundwater using sodium permanganate, and that the existing Order was for the installation of 14 monitoring and injection wells in Buffer Zone to Inland Bank. He explains that Shaw Environmental is before the Commission requesting an amendment to the Order for the installation of up to 10 new wells as well as activities associated with injecting the sodium permanganate. Lang asks what happens to the ground water. Nesbitt responds that there is increased oxygen. Lang asks if there is testing for manganese. Nesbitt responds yes, there are monthly reports that can be viewed on “ROSR” web address. Renee Mary, 274 Hale Street asks about water sampling of Wenham Lake. Pam Kampersal asks about the migration of permanganate. Nesbitt responds that the object is whatever is injected is consumed by the contaminant and there is no migration. Maxner asks for a timeline for testing, monitoring and injections. Nesbitt responds that he does not know yet but the plans are to do this in the summer. Goodenough moves to close the hearing, seconded by Duff. All members are in favor. Motion carries 6-0. New: 425 Hale Street – construct kitchen nook, install pool shed, perform landscape improvements – Rick Olney Maxner reads the legal notice. Bill Manuell provides an overview of the proposed project, which involves the following: · 16 X 10 kitchen addition. · Installation of pool shed with foundation. Conservation Commission Meeting Minutes June 3, 2003 Page 5 · Construction of sitting walls at the end of the terrace and pool. · Driveway – Remove bituminous and install aggregate concrete. · Add screening vegetation – Removal of mature trees. · Relocate wrought iron fence on Coastal Bank · Two trees are slated for removal Dr. Johnson states he does not like to see trees cut and he asks for the location of the trees which are slated for removal. th A site visit is scheduled to take place on Saturday June 14 at 9:00 a.m. th Duff moves to continue pending a site visit on Saturday, June 14 at 9:00 a.m., seconded by Goodenough. All members in favor. Motion carries 6-0. Orders of Conditions New: Cross Lane and Boyles Street – sewer and storm water improvements – City of Beverly Engineering Duff moves to issue the following conditions: · Standard conditions. Seconded by Goodenough. All members are in favor. Motion carries 6-0. Cont: 245 Dodge Street – building addition and site work at single family residence - Bertolon Goodenough moves to issue Standard Conditions, seconded by Johnson. Squibb opposed. Motion carries 5-1. New: Amendment to Order of Conditions – DEP #5-765 – 150 Sohier Road – installation of up to ten additional injection wells – Shaw Environmental, Inc. Johnson moves to issue the following conditions: · Standard conditions. Lang moves to amend the motion to add the following special condition: · Monthly base flow testing shall be conducted in the stream not within two days of a rainfall and reports shall be submitted to the Commission. Conservation Commission Meeting Minutes June 3, 2003 Page 6 Seconded by Duff. All members are in favor. Motion carries 6-0. Old/New Business Cont: Extension and Modification to DEP File #5-705, Jeff Lawler Maxner explains that Mr. Lawler came before the Commission during the last meeting requesting an st extension to the Order and a minor modification. A site visit took place on May 31. Maxner reads a letter from Mr. and Mrs. McKinney. They express the following concerns: 1) Mr. Lawler did not file a Notice of Intent for the fence or the bituminous concrete driveway. 2) The fence will lie deep within the right-of-way. 3) The fence creates a safety issue. 4) Delivery and service trucks can’t come down the driveway. 5) Fire truck access impeded. 6) The fence causes water flow and acts as a dam (ice and snow). Mr. and Mrs. McKinney provide pictures for review. Lawler states he believes the minor modification for the deck could be resolved this evening and he could do a separate filing for the fence. Lang informs Lawler that if he comes back with a NOI, he cannot get a Certificate of Compliance before the existing Order of Conditions is closed. Goodenough moves to approve the minor modification for moving the deck, seconded by Hayes. All members are in favor. Motion carries 6-0. Johnson moves to issue an extension to the Order DEP File # 5-705 for a two-year period as the court case involving the right of way may not be resolved within a year, seconded by Duff. All members are in favor. Motion carries 6-0. Cont: 14 Salters Avenue, Mr. & Mrs. Glazier st Maxner states that a site visit took place on May 31, and explains that the Glazier’s would like to bolster the riverbank area (Bass River) on their property. Lang states that there is a big problem on the ocean side but you can’t arm a bank to stop erosion because it is a natural process. He recommends that a Notice of Intent be filed and a public hearing be scheduled on this matter. He states that the DEP will receive a copy of the application and if they have any objections, they will send a letter with their recommendations. Conservation Commission Meeting Minutes June 3, 2003 Page 7 New: 143 West Street, Dan and Lisa Carnevale Rich Albano from Hancock Associates presents for the applicants. He explains the proposal to perform some landscaping activities on the property, which includes cutting trees in order to improve the view to the ocean. He states that some of the trees fall within the Buffer Zone to Coastal Bank, and some fall within Buffer Zone to Bordering Vegetated Wetlands. Albano provides an overview of the delineated wetland areas. He states that the Carnevales are thinking of purchasing an adjacent parcel but in the meantime they would like to cut trees in the buffer zone, some of which are non-native. Johnson states that he would like to view the area. th A site visit is scheduled to take place on Saturday, June 14 at 9:30 a.m. Beverly Port Marina Adam Brodsky, attorney for Frank and Sue Kinzie, states the Beverly Port Marina, Inc. was purchased through a bankruptcy sale. He explains that in May 1988, an Order of Conditions was issued, and in August 1988, there was dredging and maintenance work performed. He states in June 1993, an Order of Conditions was issued to replace the underground storage tanks and replace them with aboveground tank, and the work was completed in one year. He explains that all of these activities occurred before the Kinzie’s owned the property, and in May 1995, the previous owner filed for bankruptcy protection. Brodsky states the Kinzie’s will file a request for Certificate of Compliance and speak with the engineer, and sees no need to come in with a Notice of Intent. Lang asks if there was an issue with the fuel lines out at the pier. Brodsky responds that the fueling system is state-of-the-art and everything meets the regulations, and that every year the fuel lines must be inspected. Lang states he does not think the Conservation Commission ever approved fuel lines. Brodsky states that he has the following documents: · Permits from the State Fire Marshall. · Permits from the Fire Department. · License from the City of Beverly. · Chapter 91 License. · Army Corps Permits. Lang states that the Conservation Commission does not have anything in the file that allows Conservation Commission Meeting Minutes June 3, 2003 Page 8 dispensing fuel. Brodsky responds that the Kinzie’s bought the property with this system in place. Dr. Johnson asks if there is an Order of Conditions or Notice of Intent on file. Maxner responds there is an Order of Conditions on file, however it is not very informative and the plan is vague. Lang recommends that the Kinzie’s get an engineering certification and come back before the Commission. (Goodenough leaves at 9:30 p.m.) Letter from the Gillis Street Playground Pals Maxner reads a letter from Jeff Daley of the Gillis Street Playground Pals requesting permission to install two benches on the beach along the seawall. Maxner hands out photographs of the area for members to review. Duff moves to allow the installation of two benches in the location indicated on the photographs, seconded by Johnson. All members are in favor. Motion carries 5-0. 218 Hart Street Maxner states there is an existing Order of Conditions involving the restoration of a pond by removing non-native vegetation. Maxner reads a letter from Michael DeRosa requesting a one-year extension to the Order of Conditions. Dr. Johnson moves to grant a one-year extension to the Order of Conditions, seconded by Paluzzi. All members are in favor. Motion carries 5-0. Correspondence from Jose Mudafort - Access Drive Maxner refers to a letter received from Jose Mudafort regarding trees in the wetland leaning toward his house. Maxner explains he is requesting the City to remove the trees, which are near the property’s border. Maxner provides photos for members to review. Lang is not in favor of removing the trees and recommends that Mr. Mudafort contact the Commission if they get worse. Correspondence from George and Maria Osgood – 309 Dodge Street Maxner states George and Maria Osgood are purchasing the property at 309 Dodge Street. She reads a letter from George and Maria Osgood regarding the Osgood’s request to improve an existing path. Members recommend that a site visit take place. Maxner agrees to visit the site to get a more clear Conservation Commission Meeting Minutes June 3, 2003 Page 9 idea of what is involved. Cont: Revision of Draft Regulations Maxner states she forwarded information of other cities and towns wetland regulations provided by Ian Hayes to Commission members. Lang states the Commission should get something on the books and maybe look at them again in the fall. Lang will contact Maxner regarding possible dates for the public hearing. (Duff leaves at 9:50 p.m.) Adjournment Johnson moves to adjourn, seconded by Goodenough. All members in favor. Motion carries 4-0. The meeting is adjourned at 10:00 p.m.