1997-07-22City of Beverly
Conservation Commission
Beverly Conservation Cornmlssion
Minutes of Meeting
Tuesday, July 22, 1997
A regular meeting of the Beverly Conservation Commission was held on Tuesday, July 22, 1997
at 7:00 p.m. on the third floor of City Hall, 191 Cabot Street, Beverly City Hall.
Those present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Jay Donnelly, Dr.
Mayo Johnson, Jon Mazuy, Pat Grimes and Richard Benevento (7:30 p.m.). Also present was
Assistant Planning Director Debbie Hurlburr.
REOUEST FOR DETERMINATION OF APPLICABILITIES
Continued Public MeetinK - 22 Paine Avenue / First City Develooment
Curt Young of Wetlands Preservation Inc. updated the Commission and gave members
information regarding the calculations of the wetland area. Mr. Young states that he reviewed
rainfall data and that no storm close to the magnitude occurred in September that was described
in previous meetings. Mr. Young states that the calculations were done by Eastern Survey, and
that the data supports his belief that this wetland area is non-jurisdictional due to its size.
Pat Grimes states that her recollection is that the abutter stated that the heavy rainfall occurred
in October not in September.
Mr. Young states that there was no indication of continuing flooding in this area.
David Lang asks what criteria was used for the calculations. Mr. Young responded 2.7" in the
one year storm and the 7" storm in 24 hours for the 100 year storm. Chairman Lang states that
4" of rain would be expected in a 20 year event.
Chairman Lang asks if there are any other questions.
Motion made by Jon Mazuy to issue a Negative Determination, seconded by Tony Paluzzi. Dr.
Johnson and Ms. Grimes vote in favor, Chairman Lang and Jay Donnelly abstained. Motion
carries, 4-0.
City Hall 191 Cabot Street Beverly, Massachusetts 01915 (508) 921-6000 FAX (508) 922-0285
Continued Public Meeting - 198 Common Lane / Peter Farmer
Mr. Farmer did not appear for this meeting.
Motion made by Jon Mazuy to continue discussion on this issue to the August 19, 1997 meeting,
seconded by Pat Grimes. All members in favor. Motion carries.
New Public Meetin2 - 21 Wirlin2 Drive / Michael Spiridigliozzi
Michael Spiridigliozzi introduces himself to the Commission and states that he is proposing to
install a 24" round, 4' deep pool. Mr. Spiridigliozzi states that the pool will be placed 5' from
the neighbors property and 15' from the back fence.
Tony Paluzzi states that he has visited the area and that it is fairly flat, and that it would require
minimal excavation.
Chairman Lang asks what equipment will be uses for the installation of the pool. Mr.
Spiridigliozzi responds that them will be a Bobcat that will skim off the surface dirt and there
will actually be no digging.
Jon Mazuy asks if there will be excess soil. Mr. Spiridigliozzi responds that there will not be
excess soil because he intends on utilizing any soil at an existing swing set.
Chairman Lang asks if there is anyone who would like to speak on this proposal. Them was
none.
Motion made by Tony Palnni to issue a Negative Determination, seconded by Pat Gr:maes. All
members in favor. Motion carries.
New - Notice of Intent - Virginia Avenue / Curtis Jones
Dr. Sally Newman introduces herself to the Commission and hands out drainage calculations for
this proposal.
Ms. Newman states that the previous Notice of Intent filing, for the Enforcement Order, has been
proceeding and that the reason that they are not back before the Commission with a Certificate
of Compliance is that the weather has been too hot and dry for planting trees and shrubbery.
Ms. Newman states that the proposal before them tonight is for the madway construction. Ms.
Newman adds that the proposal allows for 80% removal of total suspended solids via nmoff of
this site. Ms. Newman states that the subdivision will be hooked up to City water and sewer.
Chairman Lang asks if discussion could begin regarding stormwater management policy.
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Curt Young of Wetlands Preservation Inc. addressed the Commission stating that the new Policy
allows for nine standards to be met; one, is that no direct discharge to the wetland area shall
occur; two, is that the proposals take care of the velocity flows not to increase to downstream
neighbors; and three, is 80% removal of total suspended solids. Mr. Young stated that these are
the major standards that are mentioned.
Mr. Young states that the proposed detention basin will capture all water with a gravel bottom,
and it will infiltrate out the bottom of the pond after rains to infiltrate the water.
Mr. Young states that street sweeping in the winter time during construction activi'ties also assists
in further mitigation as well as erosion controls.
Chairman Lang asks what the two different types of stormwater systems that are being proposed.
Mr. Young responds that the road runoff goes into a gravel bed detention basin while the other
is in driveway vicinity which are drywells. Mr. Young states that the runoff from the roof also
goes into these drywells. Mr. Lang asks how big are the drywells are for each house. Don
Brings responds that they are 4' leaching type base, and that the State does not define drywell
size, only that they to explain the drywell.
Richard Benevento anives at the meeting (7:30 p.m.).
Chairman Lang asks if the drywells are near the basement. Mr. Brings responds that he is unsure
and that they can bring them away from the houses.
Curt Young states that this proposal is for the roadway only, and that they will be filing for
individual lots at a later time.
Jay Donnetly asks what year storm this is designed for. Mr. Brings responds that it is designed
for the 100 year storm. Mr. Dounelly asks why the plans indicate a discharge pipe that is
crossed out on this plan. Mr. Brings responds that the State does not want to have this type of
pipe.
Debbie Hurlburr asks what the timetable is for the planting from the previous filing. Sally
Newman responds that it is dependent on the weather, and when it rains more.
Ms. Hurlburt asks if the roadway work is going to begin before the plantings are done. Ms.
Newman responds that she does not think so.
Tony Paluzzi asks what the timetable is for the building of the detention pond in relation to the
other construction. Mr. Young responds that the detention pond can be built at any time.
Don Brings states that the site need to be built up to grade, and the pond is built into a filled
area.
Pat Grimes asks who is responsible for the operation and maintenance of the detention pond. Mr.
Young responds that eventually the City will be responsible, but adds that before the City accepts
the street the developer is responsible.
Ms. Grimes asks what is the time time for conslruction completion. Mr. Jones responds less
than a year, perhaps 6-8 months.
Chairman Lang asks if there is anyone that would like to speak on this proposal.
Motion by Tony Paluzzi to continue the public hearing so that a site walk can be conducted on
August 16 at 8:30 a.m., seconded by Pat Grimes. All members in favor. Motion carries.
Richard Benevento asks what percentage of the previous filing is complete. Ms. Newman
responds that just the planting is left.
New Public Hearing - 10-12 Congress Street / Morton International
Mr. John Rendall from CH2M, a representative for Morton International introduces himself to
the Commission and states that the proposed work for this site is a release abatement measure
which calls for the excavation and offsite disposal of between 50-150 cubic yards of soils
contaminated with mineral oil. Mr. Rendall states that a licensed site professional (LSP) will be
providing private certification over the site for technical compliance, and that this site has full
DEP oversite. Mr. Rendall adds that in June, DEP approved the site and the work.
Mr. Rendall states that the release abatement measure (RAM) consists of excavation of
approximately a 20' x 30' area which is stained with mineral oil. Mr. Rendall states that the soil
is behind the seawall.
Mr. Rendall states that a public meeting was held in May to discuss this plan and there was a
twenty day comment period.
Mr. Rendall states that there will be 2-3 dump macks of mineral oil which is going to be used
for asphalt recycling. Mr. Rendall adds that he will be putting up an aardvark oil boom when
the work is done. Mr. Rendall states that because of tidal soils it is best to do this work in mid-
August when the tide is at an extreme low at certain times of the day.
Jon Mazuy asks how long the work will take. Mr. Rendall responds less than a week.
Mr. Mazuy asks if the soils are wet will the material go into sealed trucks. Mr. Rendall responds
yes.
Pat Grimes asks if all the soils are going off site. Mr. Rendall responds yes.
Richard Benevento asks if there is any other contamination. Mr. Rendall responds that they seem
to have gotten all the contamination.
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Joan Murphy of 36 Longmeadow Road asks if there is any chance that the seawall would
collapse. Mr. Rendall responds minimally.
David Lang asks Mr. Rendall if he has talked with Bardon Trimount, an asphalt company, about
taking the soils. Mr. Rendall responds no because this is all regulated by DEP.
Chairman Lang asks if there is any member or any one from the public that would like to speak
on this matter.
Dr. Johnson makes a motion that there is sufficient information to close the public hearing,
seconded by Jon Mazuy. All members in favor, motion carries.
Continued Public Meeting - Shortmeadow Road/Prime Realty Trust
Mary Rimmer from Rimmer Environmental introduces herself to the Commission and updates
the board on this proposal.
Ms. Rimmer states that this revised plan indicates 3,145 s.f. ofreplicated area; a 1:1.6 ratio, and
the have added a 5' chain link fence on the properly. Ms. Rimmer adds that all the debris that
is not naturally occurring will be removed.
Commission members discussed the problems that is occun'ing out there regarding dumping and
a means to stop it. Mr. Booris indicates that he has talked to several neighbors to stop this
practice.
Jon Mazuy asks if the entire area has been flagged. Ms. Rimmer responds that it has not. Mr.
Rimmer adds that the soils are soft, indicative of wet areas.
Mr. Mazuy suggests that the Commission take another look at the site and if there are other areas
where dumping has occurred that the Commission move on those areas, and that perhaps a site
visit on August 16 would seem appropriate.
Joan Murphy of 36 Longmeadow Road states that there has been dumping occurring where there
was historically wetlands, and that the area the parking lot is proposed is also an area that
flooded historically. Ms. Murphy asks how long is the proposed conservation restriction for.
Mr. Booris responds in perpetuity.
Ms. Murphy states that there is 'some material that was placed there years ago from a gas station
and that the material is contaminated.
Ms. Murphy states that it is her view that the existing wetland should not be dug out and filled
in and a new wetland community recreated.
Ms. Murphy asks if there is a maintenance schedule for sediment for the catch basin.
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Chairman Lang asks if there is anyone else that would like to speak on this matter. There was
none.
Jon Mazuy moves that there is sufficient information to close the public heating, seconded by
Pat Grimes. 6 in favor, 1 obtention (Benevento).
Discussion/Preston Place - James Townsend
Mr. Townsend introduces himself to the Commission and states that this proposal was previously
before the Commission and approved.
Mr. Townsend states that he is interested in modifying the original Order of Conditions. Mr.
Townsend states that the changes from the original plan are for the overall reduction in the
footprint and that there is no longer an attached garage. Mr. Townsend adds that the proposed
screened in porch and deck, will be 12' closer to the wetlands. Mr. Townsend adds that Hayes
Engineering originally proposed this design, and thought that this change would cause no
additional adverse impacts. Mr. Townsend adds that the rear wall area is no closer that what was
originally proposed.
Jon Mazuy asks how the deck is supported. Mr. Townsend responds there will be footings with
site colms.
Mr. Mazuy asks Mr. Townsend if he thought he would encounter water. Mr. Townsend responds
no, it is dry.
Mr. Mazuy asks when the work will be conducted. Mr. Townsend responds this summer, and
probably within the next two weeks.
Chinnan Lang asks if there is anyone that would like to comment on this modification. There
was no discussion.
Jon Mazuy mover to approve the modification, seconded by Tony Paluzzi. All members in favor.
Motion carries.
Conditions
Congress Street:
1. Standard Conservation Commission and Coastal Conditions.
All excavated material that is contaminated shall be disposed of legally and removed from
the site immediately in self containing sealed water tight containers. If the material is to
bc stored on site that the material is to be placed outside of the buffer zone and shall not
remain longer that 2 weeks.
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3. All waste material that is to be removed for disposal shall be pre-approved by the
licensed disposal facility.
4. Bi-weekly reports shall be submitted to the Commission unt~ the project is completed.
Shortmeadow Road:
1. Standard Commission conditions
2. A 5' high chain link fence shall be installed as indicated on plan
3. in areas of proposed disturbed soils, the applicant shall conduct at least three tests at 20'
intervals for VOC, Method 602. The test results shall be submitted to the Commission
and the Board of Health within 48 hours.
4. The sediment trench shall be maintained at least two times per year.
5. All trash and debris in the resource area which have been added to this area shall be
removed from the site as part of the conslTuction and replication.
6. The applicant shall mark all trees to be removed in the replication area
Old/New Business
Maplewood Subdivision - Symes Associates:
Debbie Hurlbun updates the Commission and states that she has issued an Enforcement Order
for the development at Maplewood Subdivision due to lack of maintenance. Ms. Hurlbun adds
that the Commission needs to ratify this Enforcement Order.
Richard Benevento updates the Commission on the project at Maplewood subdivision. Mr.
Benevento states that the curb has been delivered and the check-dams are in place and the
haybales are around the catch basins.
Pat Grimes states that she visited the site and Piper Street was not swept clean.
David Lang states that extra haybales should be kept on site. Mike Symes from Symes
Associates responds that there are no extra haybales on site but he will get some.
Richard Benevento states that he does not feel that the Commission should be telling the
applicant when general maintenance should occur, rather the applicant should be proactive.
Chairman Lang states that Symes must clean Piper Street as soon as possible.
Jon Mazuy suggests that 25 extra haybales be placed on site.
Jon Mazuy moves to ratify Enforcement Order for Maplewood Subdivision, seconded by Pat
Grimes. All members in favor, motion carries.
Jon Mazuy moves to lift the Enforcement Order for Maplewood Subdivision, seconded by Dr.
Johnson. All members in favor, motion can'ies.
Minutes
Tony Paluzzi moves to approve the minutes of June 10, 1997, seconded by Jon Mazuy. 6-0
(Donnelly obtention).
Tony Paluzzi moves to approve the minutes of July 1, 1997, seconded by Jon Mazuy. 6-0
(Grimes obtaining).
Adjoumment
Jon Mazuy moves to adjourn, seconded by Dr. Johnson. All members in favor, motion carries.
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