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1997-11-19BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING NOVEMBER 19, 1997 A regular meeting of the Beverly Conservation Commission was held on November 19, 1997 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Dr. Mayo Johnson, Jay Donnelly and Jon Mazuy. 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. Request for Determination of Applicabilities: Continuation: Hale Street (Mullen/Loeb Estate) delineation determination/James Mullen Chairman Lang explained that due to the recent snow storm, 8aturday's site visit was canceled and that the applicant has obliged the Conservation Commission with a continuance to the CoE~ission's December 16, 1997 meeting. A motion was made by Jon Mazuy to continue the hearing for the Loeb Estate at Hale Street to the Commission's next meeting scheduled for December 16, 1997, pending a site visit on December 6, 1997, seconded by Dr. Johnson and approved unanimously. Chairman Lang stated that the site visit for Hale Street has been rescheduled for Saturday, December 6, 1997 at 8:30 a.m. and that the rain/snow date for this site visit will be scheduled for Saturday, December 13, 1997. Continuation: Brimbal Ave., Essex St (landfill)/delineation determination/City of Beverly Chairman Lang explained that the Commission was unable to visit this site as well, due to the snow storm and that this hearing has also been continued to the Commission's December meeting. A motion was made by Jon Mazuy to continue the hearing for Brimbal Avenue to the Commission's next meeting scheduled for December 16, 1997, pending a site visit scheduled for December 6, 1997, seconded by Tony Paluzzi and approved unanimously. Chairman Lang stated that the site visit for Brimbal Avenue has been rescheduled for Saturday, December 6, 1997 at between 10:00- 10:30 a.m. and that the rain/snow date for this site visit will be scheduled for Saturday, December 13, 1997. Chairman Lang discussed the possibility of hiring a consultant. Debbie Hurlburt stated that there is a new process for filing entitled Request For a Resource Delineation, and explained that there is no information available yet in regards to application forms and an application fee, but that it will be forth coming soon. Chairman Lang asked what the fee would be. Hurlburr stated at this time the fee is slated to be $2.00 per linear foot. There being no further questions or discussion regarding this matter, a motion was made by Jon Mazuy to hire an independent expert to check the flagging/delineation of the Mullen/Loeb site, seconded by Tony Paluzzi and approved unanimously. A motion was made by Jon Mazuy to set a limit of $2,500.00 on the cost of the service, dependent upon further report from the Conservation Representative, if more is needed, seconded by Tony Paluzzi and approved unanimously. A motion was made by Jon Mazuy to recess for the purpose of holding public hearings, seconded by Dr. Johnson and approved unanimously. Public Hearinqs Continuation of Public Hearinq: Old Essex Road/house construction/ Bob Nelson Bob Nelson addressed the Commission regarding a proposal to construct a single family house on Old Essex Road. Mr. Nelson stated that the property has been registered with the Registry of Deeds since 1955. Mr. Nelson explained that he hired a wetland scientist, Kim Curtis, to delineate the wetlands. Mr. Nelson introduces Kim Curtis. Kim Curtis of Hancock Environmental Consultants addressed the Commission and handed out information explaining what has been done to the site thus far. Ms. Curtis stated that there are wetlands, an intermittent stream and bordering vegetated wetlands on the site and explained that soil test pits have been done in three locations (north, south and central) on the side that the house is proposed. Ms. Curtis explained that nine test pits were dug to 12" to determine what is in the soils and that the soils are filled throughout the site. Ms. Curtis stated that the proposed house is within the buffer zone as shown on the plan. Jon Mazuy asked if test pits were dug below 12" and if so what was found. Ms. Curtis stated that test pits were not dug below 12". Jay Donnelly questioned the 100 year flood line. Ms. Curtis explained that the 100 year flood line is not located on the property line and that it is not on the fema map for this area. Jon Mazuy asked how close to the stream are the neighbors houses. Ms. Curtis explained that the stream is in a straight line and quite a distance away, and although there is a bordering vegetated wetland on site, it narrows down to an intermittent stream. Chairman Lang stated that he is familiar with the site and asked how the stone wall is going to be erected. Mr. Nelson explained that he intends to use granite from another site, have the stones dumped over the road at the base of the hill and place them manually. Mr. Nelson stated that 4-5 foot stones will be used. Chairman Lang stated that he is concerned that the stones, after being dumped, will end up in the stream. Mr. Nelson stated that he intends to get small stones so he could manually do it. Jay Donnelly asked what type of equipment will be used for excavation and back-filling purposes. Mr. Nelson stated a small backhoe. Jon Mazuy asked if water might be encountered during excavation. Mr. Nelson stated that he was not sure, but that he didn't think so and explained that 10 days ago he dug down 4 feet and didn't hit water. Chairman Lang asked if he has received a DEP file number yet. Mr. Nelson stated no. Chairman Lang asked if anyone from the public wished to speak. Janet Appleton of 320 Essex Street addressed the Commission and explained that there is too much water that comes out for the stream to handle, that it was not originally intended to carry water and be a drainage area, that water gets into her cellar and that sometimes it carries septic water and explained that she used to take care of the stream by cleaning it out, but that she is not capable of taking care of it anymore and stated that no one else takes care of it and stated that she doesn't want to see anymore water coming through there. Vince Williems of Old Essex Road stated that he is concerned with construction of the wall and that it might prevent natural absorption, that the water should be absorbed in the sides of the stream. Mr. Williams stated that he gets water in his cellar, that the area does have an over flow problem and that he is opposed to any further development. 3 Chairman Lang asked if the culvert on Essex Street has been cleaned out and stated that the City doesn't maintain culverts anymore. Mr. Williams asked if direct abutters a~e to be notified of public hearings. Hurlburt stated yes, but only the first meeting. Mr. Williams continued to state that the original notice doesn't mention the lot being proposed, that the notice is talking about a completely different street and asked whether or not a new petition should be submitted. Chairman Lang stated that the error didn't prevent anyone from being here and that the direct abutters have been notified. Ms. Appleton asked if the City could come and clean out the culvert. Chairman Lang stated that culverts are a serious problem throughout the City. Mrs. Nelson addressed the Commission and explained that the area has been cleaned out and taken care of and that she would like to see this project proceed. Mrs. Nelson stated that she brought a letter that she had written to Mr. Williams regarding certain questions about the area. Mr. Williams stated that at the time he saw no problem, that he didn't think that the Nelson's would be able to go forward with the proposed project. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to close the public hearing, seconded by Jay Donnelly and approved unanimously. Continuation of Public Hearinq: LP Henderson Road/construction of mini storaqe facility/T Ford Chairman Lang recused himself from discussion of this matter, Vice- Chairman Tony Paluzzi chaired the meeting. Attorney Tom Alexander addressed the Commission on behalf of T. Ford Company and explained a proposal for a mini storage facility to be built on property that is owned by the Beverly Airport Commission. Attorney Alexander stated that the applicant has agreed with the Airport Commission to lease the property subject to Ransom Environmental's study of the site. Attorney Alexander reviewed the history of the site and noted that the area is in an IR zone, that the project has gone under much scrutiny, and that the applicant has received approval from the Salem/Beverly Water Supply Board with several conditions, from the City's Parking/Traffic Commission with respect to public safety concerns/issues and from the Planning Board for a special permit for land in a watershed district. Attorney Alexander stated that they are seeking approval from the Conservation Commission. Attorney Alexander explained that Mr. Ford has spoken with Ransom Environmental engineers and that test pits are being done on the property to give the appropriate re-use of this property and that the Planning Board's approval is subject to approval of DEP. Attorney Alexander introduced Bill Manual of Hancock Environmental who addressed the Commission and explained the changes to the plan since the last meeting. Mr. Manual explained that there were some concerns on the original plan with respect to the drainage on the site, so they redesigned the flow of the water to collect at the opposite side of the site. Mr. Manual reviewed the drainage sequence, and noted that the run- off will be collected with deep sump catch basins, that the water will go through a grease/gas separator, and that the storm water will flow to an outlet. Mr. Manual added that they used Best Management Practice. Mr. Manual explained that another concern on the original plan had to do with the road crossing. Mr. Manual reviewed the flowage of the road crossing and noted that they have calculated how much water will run-off the site m~d stated that at least a 15" pipe will be needed to accommodate the flow so that no ponding occurs. Mr. Manual stated that they have met all concerns with respect to protecting water supply, and that they did their best to protect ground water supply. Jon Mazuy asked if the applicant had a plan for that particular work. Mr. Manual stated that they do have a plan to submit for the record, and that the plan will show details of the water supply swale. Jon Mazuy asked what is the size of the existing culvert for the crossroad. Mr. Manual explained that it is an existing 12" concrete pipe. Jon Mazuy asked if the existing 12" pipe handles the volume of water going down the swale. Mr. Manual responded yes. Tony Paluzzi asked if the 15" pipe will go through 8~, Fonzo Drive. Mr. Manual responded yes. Tony Paluzzi asked at what location does the run-off occur on Sam Fonzo Drive. Mr. Manual reviewed the pattern of flow and explained that the run-off will come off the site to a drain that will lead to a swale in the existing street and then continue down to the watershed. 5 Jon Mazuy asked if the new culvert that is being constructed will be installed under the new road. Mr. Manual stated yes. Jon Mazuy asked what action is being taken with respect to the run- off that will join the existing wetlands, and asked if the existing wetlands could support the additional volume of run-off. Mr. Manual explained that the installation of the 15" pipe will prevent ponding. Jon Mazuy questioned where the Ransom Environmental report is. Mr. Ford stated that he spoke with Wayne Shank of Ransom and explained that Ransom has just begun their study, that the investigation report has not been generated, but that the monitoring system has been installed and that magnesium has been identified on the site. Mr. Ford stated that he felt confident that no further remediation action will need to take place under his building. Jon Mazuy asked if the magnesium found on the site is going to be removed. Mr. Ford stated yes. Dr. Johnson asked even if the Commission gives their approval, this approval is subject to the conditions of the test boring results and DEP approval. Mr. Ford stated yes. Attorney Alexander stated that construction would not begin until such time as the water lines begin to get installed on Sum Fonzo Drive. Jon Mazuy asked when the installation of these water lines is to take place. Attorney Alexander explained that the anticipated project is to begin as early as next spring. Tony Paluzzi asked if the Commission members had any more questions. There were none. Tony Paluzzi asked if anyone from the public wished to speak. Robert Perrone stated that the Planning Board came to a conclusion that they would wait until DEP approves this site and that nothing can go on until this conclusion. Rene Mary of 274 Hale Street stated that the Planning Board did not give their approval but that they would hold the matter to see what happens. Ms. Mary stated that because no substantial should wait until the written form. the Commission shouldn't make a decision testing has been done, that the Commission test results are done and are presented in 6 Debbie Hurlburr clarified the comment regarding the Planning Board, and stated that the Planning Board did give their approval for a special permit, but not for the site plan because a change needed to be made on the plan. Dr. Johnson stated that he would like to suggest that this matter be continued until the Commission's next meeting, since all the data has not yet been presented, and asked Mr. Ford if he would agree to a continuance. Mr. Ford stated that he would be glad to continue the hearing, that everything that can be remediated will be, and that we are all in agreement that if something is found then it appears that no one can proceed. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to continue the hearing on LP Henderson Road until the Commission's next meeting scheduled for December 16, 1997, seconded by Jon Mazuy and approved unanimously. New Public Hearinq: 449 Cabot Street/service station renovation/ Fouad Ann Martin of LEC Environmental Consultants addressed the Commission and stated that the property being proposed is located on Cabot Street, one mile from City Hall, and explained that the property has a drainage ditch (perennial stream) located on it as well as a wetland resource area and that it is bordering land subject to flooding. Ms. Martin stated that the wetlands have been flagged and that the applicant is proposing to renovate and raze a small portion of the building, that the service bay will be renovated by installing a new service area with a cover and that two new storage tanks are being proposed. Ms. Martin explained that the existing storage tanks have been removed and that removal of the tanks resulted in disturbance of a small portion of hot-top that was never reported. Ms. Martin explained that the applicant would be reducing the structure on the site, the impervious curbing and the paved area. Ms. Martin stated that a dumpster on-site has been proposed, and that a storm water management plan has been submitted as well as a proposal to replant native species in the area of the site that is fairly degraded and that a list of species/native plants has been submitted. Ms. Martin explained that some soils will have to be removed while renovating the site and that new soil will be laid down. Ms. Martin stated that efforts have been made to improve the area to provide a screen. 7 Mark Smith of True Design addressed the Commission and stated that he did the site plan and the drainage plan. Mr. Smith reviewed the site and stated that it is a small site, that the drainage system is simple, that they will divide roof run- off and parking area run-off, that the impervious surface will be curbed and that they will put in a treatment unit before discharge to a rip-rap. Tony Paluzzi asked if any member of the Board has been down to see the site. No member has been to the site. Jon Mazuy stated that he is familiar with the site but that he has not seen it and that this proposal comes to him as a surprise. Tony Paluzzi asked if the Board would like to do a site walk. Jon Mazuy stated yes, and suggested noon on Saturday, December 6, 1997. Tony Paluzzi asked if anyone from the public wished to speak. David Burnham of 454 Cabot Street asked if lighting was an issue here tonight. Tony Paluzzi stated no, just wetland issues and explained that he didn't think that this had to go before the Planning Board. Mr. Smith stated that the only permit needed is from the Conservation Commission and from the Fire Department for the tanks, which has already been issued. Joan Murphy of Longmeadow Road explained that the wetlands in this area become very narrow and that they don't flow as fast as they used to and asked if there are any plans to remove any of that fill. Mr. Smith stated that the plan has been designed to minimize the amount of cut and fill. Ms. Murphy asked if the water drainage will wind up in the stream. Mr. Smith stated that the water drains there now, and explained that they are proposing to cleaned it up before it flows into the stream. Mr. Smith explained that the applicant is proposing to take the run-off from the roof and from the canopy over the pumps and have it go underground, as well as the run-off from the parking area, and all with a treatment system. Mr. Smith explained that this will do the s~ne thing as a pond, that it is not necessary to build a detention pond, that there will be no increase in run-off and stated that this proposal does meet standard guidelines. David Burnham of Beverly stated that the area has flooded in the past and asked why they moved the location of the tanks. Mr. Smith 8 stated that there are a few good reasons why the tanks are where they are, and explained that the tanks have been moved to the highest portion of the yard and farthest away from the stream. Mr. Burnham asked if the tanks are 100 feet away from the stream. Mr. Smith responded yes and explained that it is not allowed to keep the empty tanks underground. Mr. Burnham asked if the flood plain or elevation is on the plan. Mr. Smith responded yes. Mr. Burnham asked if the tanks are in land subject to flooding. Mr. Smith stated yes, and explained that the area has been improved with bay culverts. Mr. Burnham asked what would happen to the new tanks in a worst case scenario. Mr. Smith stated nothing, and nothing will happen to the gas. Tony Paluzzi suggested that this resident continue with his questioning at the site visit. There being no further questions or comments regarding this matter, a motion was made by Dr. Johnson to continue the hearing on 449 Cabot Street to the Commission's next meeting scheduled for December 16, 1997, seconded by Jon Mazuy and approved unanimously. Chairman Lang returned to the meeting at this time. New Public Hearinq: 175 West Street/reconstruction of piers/John_ Newberry VaroujanHagopian addressed the Commissionand explained a proposal to take the existing pier and repair it with state of the art material for private purposes. Mr. Hagopian stated that the pier is 105' long with an access gangway and that it was recommended in writing that the structure be dismantled. Mr. Hagopian explained that they would remove the gangway and that the only structure remaining would be the pier and foundation. Mr. Hogopian reviewed the process of construction and explained that they would dismantle the existing pier, remove the debris, go back and establish the existing foundation and then pour the concrete. Mr. Hagopianstated that he inspected the site himself and found no marine life or wetland species. Mr. Hagopian explained that the applicant received a permit previously under a former design and that the applicant must go before the State to receive a Chapter 91 Amnesty permit. Mr. Hagopian stated that the applicant has filed for a permit and that the required documentation has been submitted and that they 9 are seeking a decision from the Conservation Commission in order to get a file # or application #. Chairman Lang stated that there is one area in which more information is required regarding the actual forms that would be used for pouring the concrete. Mr. Hagopian explained that in the specs, they propose that sono tubes be lowered into the water and then send the concrete down them in order to confine the concrete pouring process and then anchor the sono tubes. Mr. Hagopian stated that single sono tubes will be used for construction and that they would be approximately 18"-24" in size. Chairman Lang asked if the sono tubes would stay in the water until mean high water. Mr. Hagopian stated that the concrete should be set before mean high water. Chairman Lang asked what the sono tubes would be sitting on. Mr. Hagopian stated the ground and explained that they would be anchored. Chairman Lang asked if the ground was sand. Mr. Hagopain stated sand and rocks, but that a more thorough inspection of the foundation would have to be done. Chairman Lang asked how the sono tubes are to be anchored so they won't roll over. Mr. Hagopian explained that they intend to anchor bolts into the rocks. Chairman Lang asked how the sono tubes would be anchored if there were no ledge/rocks. Mr. Hagopian explained that the fourth layer of piling does go into the ground. Chairman Lang asked how the applicant plans to get the sono tubes excavated out. Mr. Hagopian explained that excavation will take place from the side and is to be done manually. Chairman Lang asked how deep the water is. Mr. Hagopian stated at low tide the water is approximately 18" deep. Chairman Lang asked if anyone from the public wished to speak. Robert Perrone of 8 Bass River Road stated that he is surprised by the application and discussion and asked if the applicant received a Chapter 91 approval. Mr. Hagopian stated not yet. Mr. Perrone asked if the water authority knows what is going to take place. Mr. Hagopian stated that all documents have been forwarded and that the water authority is aware of the proposal. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the hearing on 175 West Street, seconded by Tony Paluzzi and approved unanimously. 10 New Public Hearinq: 940-942 Hale Street/construction to two homes/county homes & Blomberq -- Bill Manual of Hancock Environmental Consultants addressed the Commission and stated that they are seeking an Order of Conditions for building lots at #940-942 Hale Street. Mr. Manual explained that this would be a two part project for two residential homes, and that sewer would be serviced by a forced main. Mr. Manual reviewed the location and history of the area that is being proposed and stated that the site has historical conditions. Mr. Manual explained that one old cellar hole on Lot #5 has been identified and that Lot #4 has been left in a state of chaos. Mr. Manual reviewed the planrings on the site. Mr. Manual reviewed the route of the proposed forced main and explained that it would go through a buffer zone, that a salt marsh is across the road and that the forced main would be installed within the limits of pavement so they would have to cut the pavement, excavate and backfill each day. Mr. Manual explained that an intermittent streemculvert flows from a small pond on a residential property to a stream, and that the proposed installation of the forced main would be over the existing culvert and noted that a manhole is just beyond it. Mr. Manual explained that there is a curved roadway, that rainstorm sediment will be caught in catch basins along the way, and that a silt barrier and haybales will be placed around each of the catch basins to serve as a silt trap adjacent to the wetlands while construction occurs. Mr. Manual stated that this is a touchy site to work with, that they have delineated a portion of the wetlands on Lot #3. Mr. Manual stated that there is a Federal Non-State wetland on the property too small to be considered isolated land subject to flooding, that the applicant is proposing to fill, and that Federal permits are to be acquired. Mr. Manual stated that he urges the Commission to schedule a site visit and that he would answer any questions that the neighbors may have. - Mr. M~nual added that these lots are grandfathered and are buildable lots. Chairman Lang asked if members of the Commission have any questions. 11 Jay Donnelly stated that the plans do not specify how deep the elevation of the basements will be, and that he has concerns in- part with the wetlands and drainage in this area. Jay Donnelly asked with respect to the flood elevation, what will the grade be around the buildings. Mr. Manual explained that their intention is to use the piles of earth left for filling in and grading. Tony Paluzzi asked if they intend to use the old cellar holes or new ones. Mr. Manual explained that on Lot #5 they will use the old cellar hole and on Lot #4 they will not be using anything old. Tony Paluzzi asked if the houses were staked out to the corner and to the cross section of the grade. Mr. Manual stated that they have not, that there is no need to do so. Tony Paluzzi asked if they intend to hit any ground water when installing the forced main. Mr. Manual stated that it is a possibility, that there will be a dewatering pump out to the street and the area will be covered with haybale corals. Tony Paluzzi asked what the elevation of the cross-over culvert is. Mr. Manual explaxned that the invert is about 8.2 6.3, that the street elevation is approximately 14, that there is a 1 by 2 stone culvert and that there is approximately 4' of cover that is over the pipe. Chairman Lang asked if there is a proposal for storm water. Mr. Manual stated that there is minimal storm water, that the land doesn't flood. Chairman Lang asked if Mr. Manual has been out to the site during a rain storm. Mr. Manual stated no, he hasn't been out to the site personally, and that the fema maps don't show that the land floods. Chairman Lang read a letter written by James R. Abraham. (On File) Chairman Lang asked if anyone from the public wished to speak. Dr. Michael Murphy addressed the Commission and stated that there is year round standing water from whatis being called an old cellar, that the salt marsh has been cut off when the City straightened Route 127, that the reason that there has been no construction on this site is because no permits were ever granted, that there is 150' of cliff adjacent to the property, and that it is unfair to give this type cf misleading presentation. Dr. Murphy further explained the area and what is there and what is not there, noting that there is no ditch/cellar hole, that there is a perennial stream, and stated that wildlife is an issue and that 12 the Mass Audrbon Society states that all wildlife is to be protected. Chairman Lang explained to Dr. Murphy that the River's Act is a brand new act and that they are still awaiting clarification. Mr. Manual stated that the the area is dry during the stream. site visit will speak for itself, that summer and that there is no perennial Ralph Leonard stated that he has photocopies of permits that have been taken out for building on these lots. Arthur Porier of Beverly stated that there is water there all the time and that the water is 18" below the level that you walk. Alison Cooler of 920 Hale Street, a direct abutter, stated that she didn't receive notice of this meeting, and stated that her house has a cliff behind it as does the property being proposed, that their sump pump is constantly running and that it is a very wet site. Richard Lumbar of 943 Hale Street stated that he is concerned with flooding because he has the benefit of a waterfall running onto his property. Lorraine Lumbar of 943 Hale Street stated that she was under the assumption when she bought her house that the property being proposed were all wetlands and that she has never seen anyone build over there. She further stated that their property gets a lot of water from the road and that their basement does get flooded, that the site always has water and thet she is opposed to this plan. Ann Louis of 930 Hale Street asked what City sewer system these proposed dwellings are being hooked up to. Mr. Manual explained that there is an existing sewer line/manhole on Hale Street. Ms. Louis asked if they researched the history behind that sewer line. Mr. Manual stated that they consulted with the City Engineer. Ms. Louis explained that she believes that the sewer line in question was installed 10 years ago to service 5 houses and was put in at the expense of the residents of these 5 houses. Mr. Manual stated that they will further investigate and that he does recognize that additional permits will need to be obtained. Ann Marie Murphy of 950 Hale Street stated that she is opposed to any development on these wetlands, that the island is a source of beauty and that she is concerned with the site visit because it is a very ragged area. Ms. Murphy further stated that she is concerned because her driveway comes down toward the island and on 13 cold days it gets icy and she is concerned that a car will slip and crash into the island. Silvia Topp of 945 Hale Street stated that she is concerned with the run-off if the water flow is disturbed. Mrs. Chamberlain of 952 Hale Street stated that abe is cancerned with the vernal pool, that it is a precious breeding ground. Mr. Manual stated that there is no certified vernal pool listed for this site. Dr. Murphy suggested that the residents in this area hire their own independent consultant to testify as to how they see the reality of the site, because the area does have water all year round and there has always been a pool. Chairman Lang stated that there are only four vernal pools in Beverly. Rene Mary of 274 Hale Street stated that it could be a vernal pool and not yet certified. Chairman Lang stated that the residents do have the ability to hire a consultant, and that their expert can testify at the Commission's December meeting. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the public hearing on 940-442 Hale Street pending a site visit scheduled for Saturday, December 6, 1997 at approximately 12:30 p.m., seconded by Jon Mazuy and approved unanimously. New Public Hearinq: Haven Yacht Club McPherson Drive/bulkhead replacement/Bass Attorney Scott Houseman representing the Bass Haven Yacht Club addressed the Commission and stated that the application before the Commission is for routine maintenance of a bulkhead at the Yacht Club. Attorney Houseman stated that the site was located at the new Super Stop & Shop and explained that Stop & Shop's name is on the plan and included in this presentation because two years ago the Yacht Club signed an agreement to have Stop & Shop foot the bills for work that needed to be done around the area prior to the construction of the Stop & Shop. Attorney Houseman stated that they have received a sign-off from the Army Corp of Engineers who reviewed the location and concluded that their approval was not needed. 14 Attorney Houseman stated that the bulkhead repair is licensed under Chapter 91 Waterways, and that the section of the bulkhead needing repair is within 100' of a resource area and a coastal beach and coastal area. Attorney Houseman explained that the work to be done is minor, that the cross-section of the bulkhead needs repair, that they need not remove or repair the posts, just the sheeting, that there will be no utilities involved, that they will need a backhoe, that they will be excavating material and that they will coordinate with the tides (low tide). Attorney Houseman stated that mitigation measures have been taken, that they will have siltation fencing and haybales when they excavate and a boom will be present, and if necessary, they will put haybales on the beach. Attorney Housemanexplained that the excavation and removal will be done in one day at low tide, that they anticipate a fairly minimal measure and that no change will be made to the structure that is currently in place. Tony Paluzzi asked if the sheeting wil! go below the beach. Attorney Houseman responded no, and explained that the sheeting will sit on top of the existing grade. Tony Paluzzi asked if water will get into the sheeting if for some reason it is necessary to backfill. Attorney Houseman stated that they have no particular arrangements, and that they have been assured that it can all be done within one day. Tony Paluzzi asked if the booms float. Attorney Houeeman responded yes. Jon Mazuy asked if there would be a reason why this work couldn't be completed in one day. Attorney Houseman responded no. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the public hearing on McPherson Drive, seconded by Tony Paluzzi and approved unanimously. Order of Conditions old Essex Road/house construction/Bob Nelson The Commission voted to issue standard conditions for this project, and in addition (1) the rocks at the toe of the slope be a minim~n of 2'; (2) dry wells, not less than 4' deep and filled with crushed stones at each area where the roof gutters exit area of roof, shall be installed; (3) rocks must be unloaded with a backhoe and not dumped on the site. 15 A motion was made by Tony Paluzzi to approve the Order of Conditions for Old Essex Road as agreed, seconded by Jon Mazuy and approved 4-0. 175 West Street/reconstruction of piers/John Newberry The Commission voted to issue coastal conditions for this project, and in addition all State and Federal permits must be obtained prior to commencement of construction; that the applicant notify the Commission 48 hours prior to the installation of the concrete footings for sonor tubes; that there shall be no cement truck washout on site; and no equipment shall be utilized on the beach. A motion was made by Tony Paluzzi to approve the Order of Conditions for 175 West Street as agreed, seconded by Jon Mazuy and approved 4-0. Bass Haven Yacht Club The Commission voted to issue standard and coastal conditions for this project, and in addition, all work is to be completed within I working day. A motion was made by Tony Paluzzi to approve the Order of Conditions for Bass Haven Yacht Club as agreed, seconded by Jon Mazuy and approved 4-0. Certificate of Compliance 106 Hale Street/Carnevale Debbie Hurlburt updated the Members and explained that an Order of Conditions that David Carnevale has on the property came back before the Commission on February 1993 for an amended Order of Conditions that was received. Debbie explained that the project is complete all except for planting at the rear of the property. Debbie stated that they tried planrings, but that they didn't survive and she asked him here tonight to figure out what can be done. David Carnevale addressed the Commission and explained that some planrings are existing, (winterberry holly, red maple saplings) but that the flooding has made it tough for the plants to survivei that nothing grows because it is a muddy type of an area. Chairman Lang suggested wetland grass. that might work. Mr. Carnevale responded Mr. Carnevale stated that basically we have an as built plan, but that we want to know what the Commission recommends. 16 Debbie stated that the Commission needs to decide what they want him to do; either under enforcement order or refile because the Order of Conditions has expired. Chairman Lang suggested that Mr. Carnevale come back with a grading plan as a substitute. Mr. Carnevale explained that the areas have naturally filled back, that they are back in their natural state. Chairman Lang stated that the Commission will go ahead and give a partial Certificate of Compliance for the house and delay the rest until the Commission's next meeting. Mr. Carnevale stated that he will have a consultant come to the next meeting with a planting scheme. Jon Mazuy stated that he felt comfortable with Mr. Carnevale's suggestion. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to grant a partial Certificate of Compliance for the house only, seconded by Jay Donnelly and approved unanimously. Old/New Business Debbie Hurlburt stated that Tim Barry of Hugh Collins, is representing Mr. Avallon of 7R Ober Street, and is here tonight because blasting is required on the site and according to the Order of Conditions, Mr. Avallon had to come back to the Commission if any blasting is required. Tim Barry addressed the Commission and stated that he is here tonight seeking permission to blast, and explained that they will need to blast because they are pushing the location of the pool further back, approximately 8-10', away from the waters edge. Chairman Lang asked what the extent of the blasting will be. Mr. Barry stated that he was not sure yet, but that it would be a good portion. Chairman Lang questioned maybe 5' deep. Mr. Barry responded maybe 5' deep or a little more. Chairman Lang asked if standard protection requirements have been followed, as required by the City. Mr. Barry stated yes, that a pre-blast survey has been done. Tony Paluzzi asked if the ledge that is to be blasted was connected somehow under the sea wall. Mr. Barry stated that he didn't know for a fact. 17 Jay Donnelly asked if the Commission had the authority to approve or disapprove blasting. Chairman Lang stated no. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to amend the Order of Conditions to allow blasting on the condition that they follow all requirements/ conditions of the City and State, seconded by Tony Paluzzi and approved unanimously. 1 Sunday Drive/Mike McNiff Mike McNiff addressed the Commission and explained that he has followed the Order of Conditions, removed the big pine trees, grounded the stumps to grade, regraded and reloomed the area and seeded the front yard, but explained that it hasn't taken as much as the Commission would like and that the trees haven't been planted as required under the Order of Conditions. Mr. McNiff explained that on Lot #1 a retainer is being held back until the trees have been removed, but that the owner has agreed to plant the required trees in the spring, and that he is looking for final approval from the Commission so he can move on and collect his money. Jon Mazuy stated that he would like these trees planted and suggested that an attachment be added onto the Deed. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the hearing until the Commission's next meeting scheduled for December 16, 1997. Fern Street Debbie Hurlburt stated that she was contacted this summer that the resident at 14 Fern Street wanted to use mortar to put back a stone wall that had fallen into the brook at the rear of the property. Hurlburt indicated that she initially gave approval; but one member indicated that they should file with the Commission. While on a site visit Hurlburt indicated that there was also landscaping debris located in a resource area, so she wrote a letter to the property owner and he responded back with a letter questioning the amount of time that had lapsed since she verbally discussed this with him initially. Hurlburt did indicate there had been a fair amount of time that lapsed and stated that she would feel more comfortable in bringing this to the entire board to vote on as to whether the property owner would have to file with the Commission. Members stated that her first instinct was correct, that the use of mortar just to stabilize the fallen wall is not one that they believe a filing would be necessary. Additionally, the Commission did concur that the landscape material must be removed from the resource area. 18 Essex County Green Belt Debbie Hurlburr explained to the Members that she received the yearly donation request from Essex County Green Belt and asked the Members if they wanted to donate their usual $50.00. A motion was made by Jon Mazuy to donate $50.00 to the Essex County Green Belt, seconded by Tony Paluzzi and approved unanimously. Approval of Minutes: September 9, 1997 and September 30, 1997 A motion was made by Jon Mazuy to approve the Minutes of the Meeting as amended for the September 9, 1997 meeting and the September 30, 1997 meeting, seconded by Jay Donnelly and approved unanimously. Adjournment A motion was made by Jay Donnelly to adjourn the meeting, seconded by Tony Paluzzi and approved unanimously. Meeting was adjourned at 10:45 p.m. 19