1997-06-10 Beverly Conservation Commission
Minutes of Meeting
Tuesday, June 10, 1997
A regular meeting of the Beverly Conservation Commission was held on Tuesday, June 10, 1997
at 7:00 p.m. in the third floor conference room at Beverly City Hall.
Those present were: Vice Chairman Tony Paluzzi, Dr. Mayo Johnson, Pat Grimes, Jon Mazuy
and Richard Benevento (7:20). Also present was Assistant Planning Director Debbie Hurlburt.
In the absence of Chairman David Lang, Vice Chairman Tony Paluzzi chaired the meeting.
REQUEST FOR DETERMINATION OF APPLICABILITIES
Public Meeting - 8 Fieldstone Avenue - O'Neill
Michael O'Neill addressed the Commission and noted that the proposed plan calls for the
construction of a 24' x 26' house addition. The addition is approximately 18' from the resource
area with relatively flat topography.
Pat Grimes asked how much excavation would be done. Mr. O'Neill responded approximately
4 feet deep, and the addition will have no cellar or crawl space.
Jon Mazuy asked the applicant if he expected to hit water, and how high is the water table. Mr.
O'Neill responded no to hitting water, and that he wasn't sure how high the water table is.
Tony Paluzzi asked the applicant if he expected to do any more paving at the back of the
property. Mr. O'Neill responded no.
Jon Mazuy asked the applicant what he expected to do with the excavated material. Mr. O'Neill
stated that he would take it away.
Mr. Paluzzi asked if there were any members of the public that would like to speak on this issue.
There being none, Jon Mazuy made a motion to issue a Negative Determination, seconded by
Pat Grimes. All members in favor, motion carries.
Mr. Mazuy stated that there are two conditions that he would like to have imposed; one is the
installation of a siltation fence with haybales in a circular fashion, five feet from the limits of the
proposed foundation, and two is that the excavated material be removed.
Richard Benevento arrives at the meeting (7:20 p.m.).
Jon Mazuy moves to recess to public hearing, seconded by Dr. Johnson. All members in li~vor,
motion carries.
NOTICE OF INTENT PUBLIC HEARINGS:
Birch Woods Drive riot 1D - Cove Realty Trust
Debbie Hurlburt states that the Commission has received a letter requesting that the applicant
withdraw the filing due to the need to do more work and a time line that they cannot give;
therefore they would like to withdraw and refile at another time.
Jon Mazuy moves to approve the request to allow the applicant to withdraw the Birch Woods
Drive (lot 11) Notice of Intent, seconded by Dr. Johnson. All members in favor. Motion carries.
L.P. Henderson Road - City of Beverly & Fonzo Realty Trust
Peter Ogren from Hayes Engineering addressed the Commission and indicted that this application
was continued for further discussion pending a site walk. Mr. Ogren also indicated that a Final
Environmental Impact Report was issued for this project and that within that Report, the State
asked that the proponents look at the wetlands crossing and the possibility of spanning them.
Mr. Ogren stated that the proponents have looked at spanning one of the wetlands crossing, and
that the other two locations would not have as much a benefit, either via wildlife migration or
economically.
Mr. Ogren stated that this one span would benefit wildlife migration. Mr. Ogren adds that the
applicant is proposing a 1-1 replication at the first crossing because the topography is easy and
can give 50% additional replication.
Mr. Ogren added that a bridge was not appropriate at wetland crossing #1 because the bridge
would sever a wetland, and that it is close to L.P. Henderson Road and the grade is such that the
elevation of L.P. Henderson Road would not be much of a grade difference.
Mr. Ogren stated that at wetland crossing #2 the proponent plans 150% replication, and that they
would not span because there are two channels in this location and it has been heavily disturbed,
that it once was a gravel pit with vegetation coming back and the topography makes it difficult
for the grade, and finally an airport fence already prevents wildlife from coming up the stream.
Mr. Ogren states that wetland crossing #3 can also have 150% replication. Mr. Ogren states that
he took the Dcpaxh~tent of Environmental Protection's current storm-water management policies
and did what they thought was appropriate for the site which was the proposed SWM areas
would be maintained four times per year, and then they would look at how the structures function
and go from there.
Mr. Ogren adds that Best Management Practices calls for cleaning out four times per year then
look at how they are functioning, while also doing continuous mad sweeping.
Mr. Ogren states that he has renm the hydraulics here because of the change in the culvert which
was originally half buried twin 24" pipes, versus this new proposal which is to span and that
there was a minor increase in the two-year storm but that he did not feel that this is significant.
Jon Mazuy states that he is pleased with the increase in the replication areas, and asks if the
replication would be taking land that is already wetlands. Mr. Ogren responds no.
Mr. Mazuy asks Mr. Ogren if he thought that the recommendation to do dye tests to ascertain
whether there is any drainage into Wenham Lake is necessary. Mr. Ogren responds that he has
stated all along that surface flow drainage does not migrate to Wenham Lake.
Mr. Mazuy states that from the subsurface flow there is so much distance that you would need
a lot of dye, and that the previous information states that there is bedrock and it would be hard
to do this test.
Richard Benevento states that he believes that this idea of eventual flow into the Wenham Lake
from this development should be the least of the Commission's worries and that there are other
areas that could affect this water body more so than this development, and that he is not quite
clear on the purpose of this request.
Peter Ogren states that he does not believe that there is a flow pattern to Wenham Lake. Mr.
Ogren adds that 2/3 of the water from Wenham Lake does not come from the tributaries.
Richard Benevento asks Mr. Ogren to refer to Sheet #2 and asks how does the intermittent stream
come up to the wetland area; does it go right into a culvert and how does the stream interact with
the resource area being created. Peter Ogren responds that the existing stream shown is going
into another stream. The proposed stream goes into a channel at grade 69 parallel to the roadway
and joining a stream, and rims along the edge of the replicalion area. Mr. Ogren adds that grade-
wise the stream is going up, and he feels that he can replicate because the ground water is quite
high and the soils are of grave fly material.
Richard Benevento asks Mr. Ogren that if he looks at elevation 74, does he think the swale will
drain off the resource area, if the grades too high. Mr. Ogren states that if it looks like it is toe
high he will adjust to what would work on this site. Mr. Ogren added that this area should be
flattened so the swale doesn't drain off.
Tony Paluzzi asks if the proposed bridge has an increase of about 5% in the water flow. Mr.
Ogren responds that there is a slight increase on the two year storm. Mr. Ogren explains that
the difference in water increase from storm events are due to the change in culverts.
Renee Mary of 274 Hale Street states that she is concerned by the number of wetlands that are
affected. Ms. Mary reads a letter from Mr. Knowlton dated 1980 regarding a ridge of ledge
which is separated by aquifers. Ms. Mary states that geology does not change, and that the
Commission should look at for a clean water permit.
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Ms. Mary adds that there are several brooks on this site that are perennial, not intermittent and
shows the Commission several maps, including a 1964 USGS map. Ms. Mary states that some
areas are in the Ipswich Watershed area. Ms. Mary contends that there is a flow from the west
to the east, and asks the Commission to read the map which indicates that there are outcroppings.
Ms. Mary requests that the Commission conduct a non-toxic dye test, and that the Commission
hire an independent geologist to look at the water supply.
Ms. Mary asks the Commission to consider the replication of two square foot for one square foot
lost, the replanting of native plants, two bridges that Cox recommends, all permits and copies be
recorded, amendments to come back before the Commission to be reviewed, a 401 permit, and
reserve the right to amend the permit.
Richard Benevento states that as far as the watershed and tributaries to Wenham Lake, he is not
disputing culverts on 97 is a tributary to Wenham Lake. Mr. Benevento adds that he is not in
favor of doing a dye test, and having the Commission pay for it because if the Commission did
do this it could come back and be appealed anyway. Mr. Benevento adds that as far as the
individual sites, it is hard to determine what is going to be there.
Peter Ogren states that there were a number of inaccuracies in Ms. Mary' s assertions and would
like to clarify for the Commission. Mr. Ogren states that the letter that Ms. Mary is describing
doesn't lend itself to this project. Mr. Ogren states that most of the water goes along Bass River,
but some goes toward Wenham Lake, and he does not believe that this letter is referencing this
area. Mr. Ogren added that there has been info~Tnation such as borings in regard to the
outcroppings. Mr. Ogren states that he has talked to the people at MEPA and they want to
separate the project, and there are mechanisms to make sure that each project will come back as
a project change. Mr. Ogren added that there are no additional wetland impacts and that this is
limited to the 5,000 s.f rule.
Tony Paluzzi asks if there is any other comments from the public or the Commission, there being
none, Jon Mazuy moves to close the public hearing, Dr. Johnson seconds. All members in favor,
motion carries.
Continuation of a public hearing - Shortmeadow Road - Prime Realty Trust II
Debbie Hurlburt states that there is a request from Attorney Thomas Alexander to continue the
public hearing on this proposal due to the need to seek City Council approval for rezoning this
property. Ms. Hurlburt reads letter from Attorney Alexander.
Jon Mazuy moves to extend the public hearing to July 8, 1997, seconded by Pat Grimes. All
members in favor, motion carries.
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New public hearing - 412-428 Hale Street - Landmark School
John Dick of Hancock Environmental addresses the Commission, and states that this proposal is
for the construction of a soccer field at the north end of Landmark property. Mr. Dick states that
currently there is a baseball field, parking and several buildings which some buildings will be
demolished, and the removal of 7,000 s.f. of impervious cover.
John Dick states that they intend to convert the upper end of the property to a playing field. Mr.
Dick states that the resource area has been flagged and they have located a pond, but there is no
bordering vegetated wetland to the pond. Mr. Dick states that there is an intermittent stream that
enters an old road which is abandoned. Mr. Dick states that the back area looks like there is a
vernal pool, but when he examined the wet area, it was mid-May and it was drying; however,
he saw no breeding habitat..
John Dick stated that before the spring floods he did a soil core sample at transect flag (T-7), and
the soil core and vegetation were all upland. Mr. Dick goes on to state that he does not believe
it is a vernal pool but if it was an isolated land subject to flooding, there is no buffer zone. Mr.
Dick states that regardless there is no alteration scheduled in this area.
John Dick states that there is substantial regrading, and there will be removal of a large rock and
they will fill up to 20' for the retaining wall.
Tony Paluzzi asks if there is anyone interested in speaking on this issue.
John Murray of 14 Greenwood Avenue and Ward Six City Councillor states that he has received
several phone calls on this proposal and he wanted to seek approval for any interested party to
attend the site visit. Mr. Murray adds that if there are any buildings on the site that are 50 years
or older may need to go before the Historic Commission.
John Dick responded that the interested paxties are welcome to attend the site walk.
Jon Mazuy recommends a site walk for Saturday, June 28, 1997 at 9:00 p.m.. Mr. Mazuy moves
to continue the public heating to the July 1, 1997 meeting, seconded by Dr. Johnson. All
members in favor, motion carries.
New public hearing - 4 McPherson Drive - City of Beverly
Debbie Hurlburt addresses the Commission and states that City Engineer Frank Killilea, Director
of Community Services Tom Scully, and Beverly Youth Services Director Tim Flaherty will be
addressing the Commission to discuss the proposed shater's park.
Mr. Killilea reviewed the proposed plan with members and states that this project requires some
excavation and regrading.
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Jon Mazuy asks how deep an area will the mulch be. Mr. Killilea states that the mulch could
go as deep as necessary.
Tony Paluzzi asks how much excavation will be done. Mr. Killilea responds that he will need
to go at least 6" for the gravel and sub-base.
Mr. Paln77i asks where will the material be taken that is to be excavated. Mr. Killilea responds
that the City can use this fill in other appropriate areas of the City.
Richard Benevento asks if it will be a flat area or pitch out to the street. Mr. Killilea states that
it will be flat. Mr. Benevento suggested that the City consider pitching it.
Jon Mazuy states that he would like to seek stone and perhaps filter fabric under the mulched
area, and he would like to see plans reflecting the changes..
Jon Mazuy makes a motion to continue the public heating to July 1, 1997, seconded by Pat
Grimes. All members in favor. Motion carries.
Richard Benevento moves to reconvene, seconded by Pat Grimes. All members in favor, motion
carries.
Continuation of Public Meeting - 22 Paine Avenue - First City Development
Mark Jacobs, Senior Wetland Scientist for Wetlands Preservation, Inc. addressed the Commission
and states that he is here on behalf of Curt Young who had a conflict this evening, and reviews
the past events leading to tonight's meeting.
Debbie Hurlburt states that the Commission is in receipt of a letter from the law offices of
Serafini, Serafini and Darling, signed by Attorney Ellen Winkler, and reads it to the Co~unission.
Mr. Jacobs states that if there were 3.5 feet of water that it would go over the mad, and that there
is no large catchment area, and that his client has no intentions for development of this property
at this time.
Attomey Winkler adds that the question is regarding the catchment area, and would ask the
Commission to consider asking for calculations to determine what type of resource area is there.
Mark Jacobs states that he believes that this is an unnecessary step.
Jon Mazuy states that Mr. Young doubted that it was an isolated land subject to flooding and that
it was his impression as well, and that he did not recall there being 3.5 feet of water ix,. the area.
Pat Grimes states that she recalls Attorney Winkler's client indicating that her children were
sw/mming in it, and adds that in terms of an isolated land subject to flooding, then the depth
would be there but questions the surface water area.
Attorney Winlder clarified that her clients children were swimming, and no measurements were
taken, and they don't know the depth but stressed that some calculations should be taken. Ms.
Winkler indicated that when she asked Mr. Young what he imagined for a resource area his
response was only that it could not be a bordering vegetated wetland.
Jon Mazuy moves to continue the discussion on this matter to July 1, 1997, and wait for
calculations for this area, and have Wetland Preservation provide their professional opinion as
to what type of resource area exists, seconded by Pat Grimes. All members in favor, motion
carries.
Discussion with Sheila Becker from Bell Atlantic Nynex Mobile
Scott Houseman standing in for Sheila Becker discusses the recent deregulation for
telecommunications.
Mr. Houseman states that Bell Atlantic wants to move toward full service, and that they have
been broached by the City to see if they are interested in consmxcting a tower on Bald Hill
behind the Elementary School in Centerville. However, Mr. Houseman adds that if this is not
feasible that their alternative is to add onto the Maestranzi property which currently houses a
tower.
Mr. Houseman states that Mark Foster is pursuing Bell Atlantic to try to get an antenna placed
on this location because of its height; however, Bell Atlantic is coming here only out of curtesy
to Mr. Foster, and does not intend on constructing this ff this is not the wishes of the board.
Mr. Houseman states that there are three components to the tower, the tower, the equipment
shelter, and the cables to connect the shelter to the antennae. Mr. Houseman adds that this tower
would be surrounded by a security fence.
Mr. Houseman goes on to state that the current tree line is 70-80 feet high and the tower would
have to be 100 feet high, and that Bell Atlantic would build to a minimum height.
Mr. Houseman states that the City would like to have their emergency antennae on this tower,
and a whip antenna on the side at the top or off the top of the tower. Mr. Houseman states that
the project would be good for the City's emergency broadcast and there would be no charge to
the City. Mr. Houseman adds that the typical lease is 20 years and after that the City could own
the structure.
Ivlr. Houseman states that there are different designs which could camouflage the pole, and the
benefit would be that the City receive $25,000 per year and if a co-locator is added then 40%
of the rent would go to the City.
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Richard Benevento moved to not approve the request to construct a tower on Bald Hill, seconded
by Dr. Johnson. All members in favor, motion carries.
Old/New Business
Sweenev vrovertv - Standley Street
Debbie Hurlburt states that she has received information that Sweeney Greenhouse has
encroached on Conservation propen'y, and would recommend the Commission issuing an
Enforcement Order to clean up the Conservation land.
Richard Benevento moves to issue and Enforcement Order to Sweeney Greenhouse to remove
any debris on Conservation land, seconded by Jon Mazuy. All members in favor, motion carries.
Shortmeadow Road
Debbie Hurlburt has received a compliant from the Board of Health that dumping has occurred
on Shortmeadow Road, and asked the Commission how they would like to respond to this issue.
Richard Benevento states that the Administrator should send a letter to the property owner
indicating that dumping of debris on Conservation land is not allowed, and if no response is
taken than an enforcement order could be issues.
Richard Benevento moves to have the Adminislxator send a letter to the owner to remove the
debris, seconded by Pat Grimes. All members in favor, motion carries.
Order of Conditions for L.P. Henderson Road
The Commission discussed the following conditions:
1. The Commission Standard conditions;
2. No additional disturbances or alteration of resource areas from construction of roadway or
development of filmre parcels shall occur within the project limits identified in this filing;
3. Construction sequencing and methods used for wetland replication areas shall be as specified
in the Final Environmental Impact Report and as follows:
a. Prior to the construction of the replication area at wetlands crossing #2, the applicant
shall submit a revised wetlands replication plan. The plan shall include revised grades
and plant species which will support the plant community composition indigenous to
existing resource area.
b. Contractor shall maintain a minimum of 100 haybales on site for emergency purposes.
4. The document entitled "Attachment to Storm-water Management Form" dated June 4, 1997;
two pages, shall be adhered to unless otherwise indicated in this Order of Conditions;
5. Maintenance of the Storm Water Management areas shall continue to occur four times per
year, and shall not be changed except upon application to the Conservation Commission;
6. A condition which is required in the Certificate of the Secretary of Environmental Affairs on
the Final Environmental Impact Report from Secretary Tmdy Cox, dated May 19, 1997,
regarding an archaeological site examination at a specific location at this property, and states that
"A condition of this Certificate is that the survey must be completed to the satisfaction of the
Massachusetts Historic Commission (MHC)' shall be adhered to;
7. All future parcels gaining access from the roadway construction will be subject to the filing
of a Notice of Intent with the Beverly Conservation Commission regardless of whether the area
is subject to the Wetlands Protection Act. This condition shall continue until full build-out is
achieved after which state and local regulations shall apply.
8. Any changes to the plan or specifications associated with this project shall require the filing
and approval of a modification to the Order of Conditions with the Beverly Conservation
Commission. No work associated with any proposed changes shall commence without prior
approval of the Commission; and
9. Any maintenance, such as refueling of vehicles or stockpiling of construction materials and/or
debris, must be done in a controlled area, approved by the Conservation Commission, and located
away from the resource area.
Adiourmnent
There being no further business, Jon Mazuy moved to adjourn the meeting, seconded by Dr.
Johnson. All members in favor, motion carries.
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