1997-09-09BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
SEPTEMBER 9, 1997
A regular meeting of the Beverly Conservation Commission was held
on September 9, 1997 at 7:00 p.m., third floor, City Hall, 191
Cabot Street.
Those Present were: Chairman David Lang, Vice-Chairman Tony
Paluzzi, Jay Donnelly, Dr. Mayo Johnson. Also present was
Assistant Planning Director Debbie Hurlburt and Susan Akerman,
Secretary to the Commission.
Meeting called to order by Chairman Lang at 7:00 p.m.
Old/New Business
Conservation Restriction/Juniper Street/Ed Becker
Ed Becker of Essex County Green-Belt addressed the Commission and
explained a proposal to grant a protected wetland area in Beverly.
Mr. Becker explained that the proposal has been devised to protect
an area of open space on Juniper Street. Mr. Becker explained that
a portion of the property will be restricted conservation land and
that this proposal needs to be approved by the City Counsel as well
as the Mayor and that he is seeking for an endorsement from the
Conservation Commission.
Chairman Lang asked for a description of the area. Mr. Becker
explained the area stating that it is a 12 acre area of open space.
Chairman Lang asked if the area was mainly wetlends and if there
were any outlet areas. Mr. Becker stated that it is mostly
wetlands with good habitat.
Jay Donnelly asked if there was previously any parking provided in
this area and if there are any plans to build a road for a parking
area. Mr. Becker stated that there are no plans for a parking
area, that it will be used as it is existing now.
Chairman Lang stated that it will be used primarily by the people
who use it right now.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to endorse the Conservation
Restriction, seconded by Jey Donnelly and approved unanimously.
Request for Determination of Applicabilities:
New: 1 Sunday Drive/tree removal/Michael McNiff
Michael McNiff addressed the Commission and stated that he is a
general contractor that owns a parcel of land on Sunday Drive and
that he is seeking permission to remove two large coniferous trees
that are within a buffer zone to a wetland because of the potential
danger they possess to the house dwelling and noted that parts of
the trees have already fallen. Mr. McNiff describes the location
of the two trees and explained that he will hire a local contractor
with a crane to "bucket-up" a man, cable the tree, cut it section
by section and load the tree sections down into piles. Mr. McNiff
stated that this process will not impact other neighbors.
Tony Paluzzi stated that in the original Order of Conditions these
trees are to be protected and recalled that this is a sensitive
issue within the neighborhood.
Chairman Lang stated that these trees are famous and that they have
caused problems in the past and that input from abutter's is
needed.
Dr. Johnson stated that this is a sensitive issue, but yet a good
point and that he is willing to give permission to take down the
two trees.
Tony Paluzzi stated that his objection is if the Commission granted
the removal of these two trees will there be further requests to
take down other trees.
Chairman Lang suggested that the Commission could table this matter
to the September 30, 1997 meeting as that there were more members
present and to invite the neighbors for their input.
Dave Collins the future occupant, addressed the Commission and
stated that one reason why he feels that this is an important
matter is because one tree, in back of the house, is likely to
threaten the house and the other reason is that his two daughter's
rooms will be closest to these two trees and does not feel
comfortable moving in until this is resolved.
There being no further questions or comments regarding this matter,
Chairman Lang continued the matter until the Commission's September
30, 1997 meeting.
New: 27 Marsh Avenue/house addition, repairs/James Miles
James Miles addressed the Commission and explained that he bought
the property located at 27 Marsh Avenue three years ago as a summer
home: but that he is now seeking to expand the dwelling to live in
it permanently. Mr. Miles explained that the existing foundation
would need to be raised for repairs and for the construction of a
new foundation for an addition. Mr. Miles stated that the land is
relatively flat, that he doesn't plan on changing the grade and
that he plans to hire an engineer to design the foundation.
Tony Paluzzi asked if the existing house was on pile-ons. Mr.
Miles explained that part of the stone foundation is on some pile-
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ons and that there are certain sections of the foundation that are
pretty rough and need repair.
Jay Donnelly asked if there would be any paving/asphalt done. Mr.
Miles responded yes.
Jay Donnelly asked if there are any plans for a cul-de-sac. Mr.
Miles state not to his knowledge.
Jay Donnelly asked where the driveway would be located. Mr. Miles
reviewed the location of the driveway on the map.
Jay Donnelly asked if a garage is going to be built. Mr. Miles
responded no and explained that the additio~ would consist of a
living room and a storage room.
Tony Paluzzi asked if the property received any water on it from
the river. Mr. Miles explained that only during severe storm times
will the water come over the road, but that there are no signs of
water to the floor or floor joists.
Debbie Hurlburt stated that she checked the flood maps and that the
property is not located within a flood zone.
Jay Donnelly asked if there is any protection of the river bank.
Mr. Miles responded yes.
Jay Donnelly stated that the work proposed doesn't seem to
interfere with the river bank.
Tony Paluzzi asked if any holes where dug to determine if there is
ground water. Mr. Miles responded no.
Tony Paluzzi stated that he is concerned with ground water issues
and suggested that Mr. Miles consider a dewatering system.
Tony Paluzzi asked how the house was heated.
gas/forced hot water with propane.
Mr. Miles stated
Chairman Lang asked what will be done with the demolition material.
Mr. Miles explained that he would contract someone to excavate the
removed debris.
Chairman Lang stated that the excavated material is not to be
stored on site or outside the buffer zone. Mr. Miles stated that
he would have a dumpster on site.
Chairman Lang asked if any blasting would take place. Mr. Miles
responded no and stated that he didn't want to have to blast.
Jay Donnelly stated that he doesn't want to see any blasting, that
the river bank needs to be protected and that any discharge from
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dewatering would need to be filtered.
will comply with all restrictions.
Mr. Miles stated that he
Tony Paluzzi stated that he is not against this proposal, but that
he would like to see the engineer's design of the sono/tubes and
the dewatering system prior to any work starting.
Tony Paluzzi asked if there are any state or federal compliances.
Debbie Hurlburt responded no and explained that the work will be
done above mean high tide but that the Commission could condition
that specifically.
Chairman Lang asked if anyone from the public wished to speak.
Hearing no response a motion was made by Tony Paluzzi to issue a
Negative Determination of Applicability #3 with the conditions that
(1) the south side of Marsh Avenue not be utilized for any
construction or stock piling activity, (2) no blasting is allowed,
(3) any discharge from dewatering to remove sediment for this
project must use a dewatering devise approved by the Conservation
Commission Administer prior to commencement of activity, (4)
standard and coastal Commission Conditions, (5) the applicant shall
submit engineering plans and dewatering details to be reviewed and
approved by a member of the Conservation Commission prior to
commencement of activity, and (6) the applicant shall obtain all
state and federal permits if necessary, seconded by Dr. Johnson and
approved unanimously.
Motion made by Tony Paluzzi to recess for the purpose of holding
public hearings; seconded by Dr. Johnson and approved unanimously.
Public Hearinqs:
Continuation of Public Hearinq: Virqinia Avenue Extension/house
construction for lots 1-5/Curtis Jones
Debbie Hurlburr reads a letter frem Sally Newman of Wetlands
Preservation requesting an extension of time until the Commission's
September 30, 1997 meeting. (On File)
Motion made by Tony Paluzzi to continue the public hearing on
Virginia Avenue to the Commission's next meeting scheduled for
September 30, 1997, seconded by Dr. Johnson and approved
unanimously.
Continuation of Public Hearinq: 7R Ober Street/construction of
qazebo/~ool & ]andscaDing/A~allon
John Dick of Hancock Environmental Consultants addressed the
Commission, presented and reviewed a hand-out that addressed
several questions raised by the members during their site visit on
September 6, 1997.
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Mr. Dick reviewed the history of the property and noted that the
development of this site didn't take place as originally presented
to the Conservation Commission.
Mr. Dick reviewed the new proposal and stated they would like to
maintain the wall, install more weep holes and noted that the
filling of the yard hasn't taken place but that they are not
proposing to do any filling, the grade will not change by more than
½ foot.
Jay Donnelly asked what landscaping was being planned. Mr. Dick
explained that they intend to grade, loom and seed the landscaped
area behind the wall, that the material will be moved around the
site but that they intend to maintain the existing grade. Mr. Dick
stated that the only change in grade that will.occur will be to
level the pool area.
Mr. Dick also explained that the trees will he maintained, but if
they were to cut any trees and encountered disturbance of the root
zone, they will come back with modifications.
Chairman Lang asked if any material will be brought in when
grading. Mr. Dick stated that no material will be brought onto the
site to change the grade~ that the intent is to maintain.
Chairman Lang stated that he was concerned that the additional 2
feet to the wall will restrict the flow, forcing the water to flow
somewhere else. Mr. Dick stated that the raising of the wall will
not make a significant difference in the flow, that the wall was
always designed to restrict the flow, but that additional weep
holes need to be installed.
Tony Paluzzi asked if the weep holes were at ground level or below.
Mr. Dick explained that some are 6-8 feet below and that others
were at ground level.
Tony Paluzzi questioned if silt was going into the holes. Mr. Dick
stated that there could be, but that they could cover the holes
with a piece of filter fabric for easy maintenance of the weep
holes.
Chairman Lang asked if there was anyone present at the meeting who
wished to comment on this proposal. There being none, a motion was
made by Dr. Johnson that there is sufficient information to close
the Public Hearing, seconded by Tony Paluzzi and approved
unanimously.
Continuation of Public Hearinq: 198 _Common
construction/Farmer
Lane/house
Mr. Peter Farmer addressed the Commission and explained a proposal
to construct a single family house on the lot.
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Tony Paluzzi stated that he recalled that members were concerned
with blasting. Mr. Farmer reviewed the blasting sequence and
stated that any blasted material will be used on site to fill
certain areas on the site.
Mr. Farmer reviewed Plan C which shows the location of where they
would stock pile material and stated that he has received written
permission from the abutter to place material, if need be, on his
property in order to keep the stock piles as far away from the
wetland area as possible.
Chairman Lang requested a copy of this written authorization. Mr.
Farmer presented a copy of the letter to Chairman Lang.
Tony Paluzzi asked if it has been determined how deep and how much
blasting would take place. Mr. Farmer explained that approximately
3 feet of ledge would be blasted behind the site and that 8-9 feet
of blasting would take place for the foundation.
Tony Paluzzi asked to what depth would filling around the house be.
Mr. Farmer explained that the largest area of filling will be as
little as 6" to a maximum of 6-7 feet in an effort to keep the area
level.
Tony Paluzzi asked what they intended to do with the blasted
material. Mr. Farmer explained that the blasted material will be
used to stabilize the ledge.
Chairman Lang asked if the main portion of the driveway would have
any fill/grading done to it. Mr. Farmer explained that they would
only be moving some gravel around there.
Chairman Lang asked if there was anyone present at the meeting who
wished to comment on the proposal. There being none, a motion was
made by Tony Paluzzi to close the Public Hearing, seconded by Dr.
Johnson and approved unanimously.
New Public Hearinq: 16 Maple Avenue/maintenance dredqin~/Jubilee
Yacht Club
George Whitney of the Jubilee Yacht Club addressed the Commission
and explained a proposal for maintenance dredging of sand and silt
that has been building up under floats for the past 15 years and
noted that this is a serious condition that could cause damage to
boats and floats~
Mr. Whitney explained that the project will be done by a barge with
a crane on it, that the work will be done totally in the water and
that the sand will be brought back to a dumping ground at sea. Mr.
Whitney stated that what will essentially happen is that the flow
will return to where it was 15-20 years ago.
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Mr. Whitney stated that samples have been taken to verify the
quality of sand/contaminants.
Mr. Whitney stated that the Harbor Master as well as other people
involved with the Yacht Club have no objections to this proposal
and that a permit for a Chapter 91 Waterway License from DEP has
been applied for as well as a permit from the Department of the
Army Corp of Engineers.
Chairman Lang asked if a hearing will take place. Mr. Whitney
stated not as of yet.
Chairman Lang asked if the work would be done at low tide. Mr.
Whitney responded yes and explained that the work can only be done
at certain times of the year, that they have to wait until the
flounder are gone.
Tony Paluzzi asked if the contractor will have containment booms
available when removing the silt. Mr. Whitney stated that he
didn't think so, but that if the Commission felt it was necessary
he would.
Chairman Lang suggested to the Commission members that they may
want to continue this public hearing pending a site visit and
receipt of the chemical analysis report.
Chairman Lang asked if they could wait or if they were up against
a deadline. Mr. Whitney stated that they would like to do this
procedure in late October early November.
There being no further questions or comments regarding this
proposal, a motion was made by Tony Paluzzi to continue the Public
Hearing to the Conm~ission's next meeting scheduled for September
20, 1997, seconded by Dr. Johnson and approved unanimously.
New Public Hearinq: Old Essex Street/house construction/Bob Nelson
Bob Nelson addressed the Commission and explained
construct a single family house on the lot, and
intermittent stream is located on the property.
a proposal to
noted that an
Chairman Lang asked if an engineer has done any calculations for
storm water flowage. Mr. Nelson responded no.
Chairman Lang stated that he would like to see these calculations,
that the Commission needs to know how high the water gets and to
what surrounding areas does the flood water run-off to.
Chairman Lang stated that what typically takes place is for the
members to do a site visit and have any of their questions
answered.
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Tony Paluzzi suggested that the members do a site visit on
September 27, 1997 at 8:30 a.m.
Mr. Nelson asked what he should bring. Chairman Lang recommended
that he have an Engineer/Wetland Consultant on hand.
Dr. Johnson asked that the area be marked where the containing
walls plans to be as well as to stake the area where the house is
to be located prior to the site visit.
Tony Paluzzi asked if the bank was steep.
yes.
Mr. Nelson responded
Mrs. Janet Pollock of 346 Old Essex Road stated that she is an
abutter and that the area was quite accessible from her home and
from certain other neighbors houses.
Chairman Lang asked if any members of the public wished to comment
upon this proposal.
Vince Willjams of 344 Old Essex Street addressed the Commission and
stated that it is important to know the history of the brook that
runs through the property and noted that there is considerable run-
off. Mr. Williams stated that he is concerned with other
considerations of developments pending in the future.
Chairman Lang asked if Route 128 drained into this brook. Mr.
Williams stated he didn't know, that there is a culvert that drains
from Route 128 but doesn't believe that it drains back to this
brook, he believes that it is an all natural drainage brook.
Chairman Lang asked if the brook was flowing right now. Mr.
Williams responded he was not sure and stated that at one time
there was a petition requesting the Conservation Commission to make
this brook area a wetland but is not sure if it ever happened.
Mrs. Pollock stated that she is in favor of this project and
explained that for the past 15 years she has had to clean the
debris out of the brook so as not to have any flood problems and
stated that this brook was never a wetland and shouldn't be
considered wetlands.
There being no further questions or comments regarding this
proposal Chairman Lang closed the Public Hearing.
New Public Hearinq: 181 Elliot Street/repairs to embankment,
removal of accumulated silt/Cumainqs Properties
Mr. Bruce Oveson from Cummings Property addressed the Commission
and gave an update/status of this project with respect to what work
has been completed. Mr. Oveson stated that they are here tonight
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relative to the reservoir and repairs to the eroded embankment but
that Mr. John Dick would address the Commission.
Mr. John Dick of Hancock Environmental Consultants addressed the
Commission, reviewed the site and explained a proposal to remove a
tremendous amount of silt that has accumulated in the existing
reservoir. Mr. Dick ex~iained that they are proposing to dredge
one foot below the surface to remove the accumulated silt and
explained a proposal to plant vegetation on the banks to help
alleviate future build-up of silt, but stated that this will not
stop the siltation, that it will be an on-going problem but that
planting is the answer.
Mr. Dick also explained a proposal to repair the embankment that
has been eroded by drainage from the existing ~ite and roadways and
stated that they will rip rap and back fill the eroded area.
Dr. Johnson suggested that the Commission schedule a site visit on
September 27, 1997 at 9:30 a.m.
Chairman Lang asked where the dirt will be taken. Mr. Dick stated
that they will possibly have to take the dirt off site and dewater
it.
There being no further questions or comments regarding this
proposal Chairman Lang closed the Public Hearing.
Old/New Business
Debbie Hurlburt updated the Commission with respect to the
Enforcement Order sent to Symes and read a letter received from A1
Symes dated September 5, 1997. (On File)
Debbie Hurlburt updated the CoMmission with respect to the
Enforcement Order issued at 9 Dodge Street and stated that she has
not received a response as of this date and asked the members how
they wanted to handle the situation.
A motion was made by Chairman Lang to have this matter turned over
to City Solicitor Marshall for further action, seconded by Tony
Paluzzi and approved unanimously.
Debbie Hurlburr updated the Commission with respect to Short Meadow
Road and read a letter from Attorney Tom Alexander dated September
9, 1997. (On File).
Debbie Hurlburt stated that she received a call from a man in
Wenhamwho asked for a copy of a walking trail map and explained
that a map has been found indicating conservation land and
suggested that this map be laminated, posted and made available to
the public, and to eventually look at maintenance to keep these
walking trails cleared.
Jay Donnelly stated that David Gardner with the Open Space
Committee would be interested in this map.
Jay Donnelly asked what is the status of Birch Woods Drive.
Hurlburt stated that nothing has happened yet, but that
lots have been appealed by abutters_
Debbie
several
Order of Conditions
7R Ober Street/construction of qazebo/pool & landscape/Avallon
A motion was made by Jay Donnelly to deny applicant's request for
an Order of Conditions on the grounds that the wall subject to an
earlier Notice of Intent dated July 5, 1995 was 2' higher than the
original plan that could potentially block'coastal flowage, no
mitigated measures for blockage of flowage, in addition a concrete
block 4' x 4' was not discussed on the original filing but was seen
on the site walk, seconded by Tony Paluzzi and approved
unanimously.
198 Common Lane/house construction/Farmer
A motion was made by Tony Paluzzi to issue standard conditions,
seconded by Dr. Johnson and approved unanimously.
Certificate of Compliance
7R Ober Street/seawall reDair-reconstruction/Avallon
A motion was made by Tony Paluzzi to deny a Certificate of
Compliance for 7R Ober Street based on inadequate information and
to resubmit the filing once all previous applications have been
completed and are in order, seconded by Dr. Johnson and aDproved
unanimously. -
57 Preston Place/addition & landscaDinq/Ker__r
Debbie Hurlburt updated the Commission and noted that the original
filing was for construction of a dwelling and for an addition
15' x 15' which has been done, but explained that the deck has not
been constructed and explained that it is noted on the plan that
the deck will be done in the future.
Tony Paluzzi asked if the landscaping has been done. Debbie
Hurlburt responded yes.
A motion was made by Tony Paluzzi to issue a partial Certificate of
Compliance for the addition only at 57 Preston Place, seconded by
Dr. Johnson and approved unanimously.
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Approval of Minutes: July 22, 1997
A motion was made by
Mended, of the July 22,
approved unanimously.
Tony Paluzzi to approve the minutes as
1997 meeting, seconded by Jay Donnelly and
Other Discussion/Varian
Conservaticn Commission should communicate with City Councillor
Bill Coughlin that he should talk to the Board of Health stating
that they should conduct PIP meeting because this issue is more of
a health issue than a wetland issue.
Adiournment
A motion was made by Jay Donnelly to adjourn the meeting, seconded
by Dr. Johnson and approved unanimously.
The meeting was adjourned at 9:45 p.m.
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