1997-01-07BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
JANUARY 7, 1997
A regular meeting of the Beverly Conservation Commission was held
on January 7, 1997 at 7:00 p.m. in the City Hall Chambers, 3rd
floor of Beverly City Hall.
Those Present were: Chairman David Lang, Patricia Grimes, Tony
Paluzzi, Jon Mazuy, Dr. Mayo Johnson, Richard Benevento, Jay
Donnelly. Also present was Assistant Planning Director Debbie
Hurlburt and Susan Akerman, Secretary to the Commission.
The meeting was called to order by Chairman Lang at 7:00 p.m.
APproval of Minutes
- Summary minutes containing motions from recorded tapes of
June 11, 1996 minutes
- December 10, 1996
A motion was made by Tony Paluzzi to table this matter to the
January 28, 1997 meeting, seconded by Richard Benevento and
approved unanimously.
Request for Determination of APPlicabilities
Continuation: Lakeshore Avenue & Bonad
determination / SVmes
Road/delineation
Jon Mazuy recused himself from discussion of this matter.
Elizabeth Wallace of Hayes Engineering addressed the Commission and
stated the area was flagged in September 1996 and the plan
indicates two large wetlands. Wallace states that the Commission
walked the site on two occasions and she is prepared to answer any
questions the Commission may have.
Dr. Johnson states that they seem to be sizable wetlands and
questions whether they could be a bordering vegetated wetland. Dr.
Johnson asks if the small area between b8 & b9 that is upgradient,
could be a vernal pool. Wallace responds that when she was there
in September that area was dry.
Lang asked if this is the same area that the Commission walked on
the previous Saturday. Wallace responds yes.
Lang questions if the intermittent streambetween b8 & bg, which is
upgradient, whether wallace considers this a bordering vegetated
wetland. Wallace states that in her opinion it is not.
Lang states that the upland area does have wetland characteristics,
a defined stream channel and appears to be a connected resource
area and that there appears to be channelized characteristics too.
Paluzzi asks if the wetland area by the train tracks are going to
be filled and replicated. Wallace responds that there would be
replication only if there was a need and it would be detailed in a
Notice of Intent.
Donnelly asks if the determination of the Commission is to agree or
not on the delineation. Lang responds yes and that the applicant
will then have to come back with a Notice of Intent in any affected
areas.
Donnelly states that the Commission should ask for further study of
this area to concur with proposal.
Lang states that he is concerned about two areas: one is the
stream that flows off the hill and the other is the area of upland
that holds water and questions if that could be a vernal pool.
Wallace responds that this doesn't cover under the bordering
vegetated wetland regulations. Lang asks if it is covered under
any regulations that the Commission governs. Wallace responds that
she doesn't believe so.
Benevento asks if the area in question, across from Bonad Road, is
a wetland area. Wallace responds that she would have to take soil
samples to determine this. Benevento asks if there is a hydrologic
connection. Wallace responds yes.
William Iler, 17 Lakeshore Avenue addressed the Commission and
explained that down the hill from his house is a pond filled with
water and stated that he didn't know where the water comes from.
He also stated that the land is very spongy at this time of the
year.
Mr. Mueller of 36 Lakeshore Avenue stated that there is a seam in
a boulder wall that opens up and water falls like a waterfall and
drains into a nearby pond which is now full and the water just
spills over. Mr. Mueller stated that there are no catch basins.
Leo Yaffa of 23 Lakeshore Avenue referenced a study that was done
a few years back by the Soil Conservation Service (survey found at
library) and stated that the Conservation Commission should
consider the study and what the removal of bedrock would do to this
area.
Dedee Kartstein of 18 Lakeshore Avenue stated that the overflow of
water drains into her yard, that it is a problem and asked if it is
under the Conservation Commission's jurisdiction to correct.
Richard Benevento responded that if it is considered filling then
it is the Commission's jurisdiction.
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WilliamWalker of One Bonad Street stated that he is concerned with
drainage, that there is a serious problem in this area, that there
are not enough drains to catch what water is there now and if the
matter is compounded there will be further problems. He also asked
how is this problem going to be eliminated.
There being no further questions or comments regarding this matter
a motion was made by Jay Donnelly to have the Commission hire it's
own consultant to review and confirm the flagged boundaries of the
wetlands and look at abutting lands with wetlands that are within
the 100 foot buffer zone, seconded by Richard Benevento and
approved unanimously.
Jon Mazuy returned to the meeting at this time.
New: 177 & 180 Bridqe Street/determination of Non-Jurisdiction /
Glover
Paul Sommer of Sommer Environmental addressed the Commission and
stated that the reason for this Request is that the property has
been subdivided and that they are looking to develop the rear
portion of the lot. Mr. Sommer stated that the site doesn't
require a lot of investigation, however, the lot starts at Bridge
Street and runs to the rear towards Lindsey Avenue/Lindsey
playground and explained that there is a low area that was caused
by the City when they brought in material for the playground. Mr.
Sommer stated that there are no outlets/inlets to this depression
and that there is little wetland vegetation.
Mr. Sommer stated that he is looking for a negative determination.
Tony Paluzzi stated that he visited the site and agrees with Mr.
Sommer that there are no inlets/outlets to the depression.
Chairman Lang stated that he agrees with Tony Paluzzi's comment and
asked what is the estimated size of the vegetation area. Mr.
Sommer stated approximately a 10 x 20 area and that it is well
under the quarter acre foot rule and is therefore not an isolated
land subject to flooding.
There being no further questions or comments regarding this matter
a motion was made by Tony Paluzzi to issue a Negative
Determination, seconded by Jay Donnelly and approved unanimously.
New: 109 & 117 Elliott Street/removal of Pipe/Utility Park
Condominium
Tom Army from Ensol Environmental addressed the Commission and
explained the remedial plans for removing solvent impacted soils in
the back of the building. Mr. Army explained that there is a brook
at this location and that the City put in a drain but this drain
was not connected to the other existing drain and that the excess
water runs across the parking lot to catch basins. Mr. Army
explained that the solvents are coming above ground and running
into the drains. He noted that the soils are very heavy and that
natural drainage is not sufficient. Mr. Army also stated that
there is a wet area on the property. Mr. Army explained that they
are proposing to install a catch basin system that will connect to
the brook to control water run-off.
Richard Benevento questioned if the reason for the Request for
Determination of Applicability was because there was an wetland
issues on the site before. Mr. Army responded yes and explained
that the wet area on the property might classify as a wetland and
gave history of the property.
Chairman Lang asked if any members looked at the property.
Jay Donnelly stated that he was concerned with the contents of the
drainage and asked what the quality of run-off will be and if it
will affected the Bass River. Mr. Army stated that the quality of
run-off will be better/cleaner and explained that they plan to put
in asphalt in the rear of building for sediment reasons and stated
that they tested the soils and found no contaminants.
Tony Paluzzi questioned the area of standing water and asked where
was the water coming from. Mr. Army explained that the area is
constantly wet.
Jay Donnelly asked if the wetland was within 100 feet of the
proposed project. Mr. Army stated no but close.
There being no further questions or comments regarding this matter
a motion was made by Jon Mazuy to continue the Request for
Determination of Applicability pending a site visit on January 18,
1997 at 9:00 a.m., seconded by Tony Paluzzi and approved
unanimously.
Mr. Army pointed out that they may install the storm drain but will
not connect it.
New: Dunham Road/Determination of resource area/Maestranzi
Mr. Prokop addressed the Commission and stated that he was here
tonight on behalf of Mr. Maestranzi of Maestranzi Brothers on
Dunham Road and reviewed the history of the site. Mr. Prokop
concluded that he is of the belief that there is no resource area
and that to complicate matters the shallow pool has been classified
as a vernal pool, that the delineated boundaries was accurately
delineated, and that the area did not hold enough water to be under
Commission's jurisdiction.
Mr. Prokop explained his background and qualifications.
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Mr. Prokop explained his primary findings and stated that he did
not believe that there is a defined channel, that upon examination
of the soils he found that there was no scoured out soils and that
there is top soil that exists. Mr. Prokop stated that there is no
way this area can qualify as a stream and that it does not qualify
as a resource area.
Dr. Mayo Johnson asked if there could be a stream with top soil on
it. Mr. Prokop stated that a channel has to be cut out by moving
water and that soil cannot be developed if water is moving.
Dr. Johnson asked how deep does it have to cut into the ground.
Mr. Prokop stated that you need some kind of formation of a
channel.
Chairman Lang asked if the developer could fill in the vernal pool.
Mr. Prokop stated that they will need Army Corp.'s permission and
involvement but, yes we can work up to the limits which is within
their area of jurisdiction (Army Corp).
Richard Benevento questioned DEP's involvement and stated isn't the
Conservation Commission within the DEP on a local aspect so this is
in their jurisdiction too. Mr. Prokop stated yes on a local aspect
but the level of jurisdiction is to low, it now goes to the state
level automatically.
Jon Mazuy asked if the volume of water flowing through an area
doesn't matter if it isn't scouring. Mr. Prokop responded that's
correct, and explained that it needs to have a definite channel.
Ronald Jackson of 172 Brimball Avenue addressed the Commission and
stated that he has seen a channel and that the overflow of the
intermittent stream coming out of the vernal pool which flows down
hill. Mr. Prokop stated that he could not find a connection to the
pond.
Mr. Jackson stated that if they check the stream in the dry weather
they will see a pretty evident channel.
There being no further questions or comments regarding this matter
a motion was made by Dr. Johnson to issue a positive Determination
of Applicability, seconded by Jon Mazuy. All in favor motion
carries 5-1 with Jay Donnelly opposed.
Chairman Lang stated that the Commission will recess for three
minutes.
A motion was made by Jon Mazuy to recess for the purpose of holding
public hearings, seconded by Tony Paluzzi and approved unanimously.
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Public Hearinqs
Continuation of Public Hearinq - Shortmeadow Road/parkinq lot/Prime
Realty Trust II
Chairman Lang reads letter from Arthur Booris requesting an
extension of time by which the Conservation Commission must act.
(On File).
A motion was made by Jon Mazuy to continue the public hearing until
the January 28, 1997 meeting, seconded by Dr. Mayo Johnson and
approved unanimously.
Continuation of Public Hearinq - Porter St. Ext.: house
construction/Max Corbett
Bill Manual of Hancock Environmental addressed the Commission and
stated that revised design plans have been submitted to the
Commission and that the foundation plan has also been designed,
reviewed, and submitted. Bill Manual stated that the house
configuration is different and that the retaining wall is
significantly lower.
Bill Manual explained where the project stands now and stated that
a record plan has been submitted stating that the lot has been in
existence since 1963, that the application has been noted as land
containing shellfish, and that there will be no effect of
circulation of the Bass River. Bill Manual explained that they
looked at the water quality and that siltation barriers will be
installed and that sediment to the sloped area will be maintained.
Bill Manual stated that the only issue was the driveway so they
designed the entrance portion with a cross slope so that the water
will shed off differently.
Jon Mazuy stated that the grandfathering clause in the Rivers Bill
is not intended to block a project of this nature, therefore, this
is a permittable application.
Jay Donnelly asked in respect to the method of construction of the
foundation, how will the face of the sloped area be supported
during excavation. Bill Manual stated that sheet piling will be
placed in the ground before excavation.
Chairman Lang reads letter written by Irene Brauninger of 23 Webber
Avenue on behalf of several residents. (On file).
Jim Connors, 42 School Street stated that if you disturb the ledge
you will be forming other streams.
Steve Brauninger, 23 Webber Avenue questioned how can the law be in
affect and a house be built within a 100 feet no build zone of the
undisturbed vegetated wetlands.
Jay Donnelly noted that the plan shows the proposed finish grade
but doesn't show the finish grade on the lower side. Bill Manual
explained that they are building the foundation wall up and that
they don't intent to change the grade.
Gerry Coonan of 29 Webber Avenue asked if there weren't any
economic alternatives.
There being no further questions or comments regarding this
project, a motion was made by Dr. Mayo Johnson to close the public
hearing, seconded by Jon Mazuy and approved unanimously.
Continuation of Public Hearinq - Brookwood Road/utility work/
Brookwood School
JohnMoran addressed the Commission and showed the Commission plans
for the project and stated that the only change since the site walk
was that hay bales with filler fabric have been added in two
locations.
Richard Benevento asked
Conservation Commission.
have.
if they have gone before the Manchester
Mr. Moran responded yes they already
Richard Benevento asked if they were issued an Order of Conditions
from Manchester. Mr. Moran responded not that he was aware of.
Richard Benevento suggested that the Commission contact Manchester
and find out if there are any outstanding issues there.
Jon Mazuy asked if dewatering would have any affect on the trees.
Mr. Moran responded no and stated that there is no adverse affect
on the trees that are there now.
Pat Grimes noted that the Commission can flag trees in the Order of
Conditions that they wish to save.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to close the public hearing,
seconded by Tony Paluzzi and approved unanimously.
Continuation of Public Hearinq - Birch Woods Drive - Lot 46, 49,
52, 53 & 54/house construction/David WalSh
Chairman Lang reads a letter from the neighbors. (On File)
Curt Young of Wetland Preservation, Inc. addressed the Commission
and reviewed the individual site plans.
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Lot # 46 or #1
Jon Mazuy asked how high the elevation would be raised on this lot.
Curt Young explained that there was a slight increase of 1½ feet.
Richard Benevento asked how much resource area will be disturbed,
and if it would be more than 5,000 sq. ft. Curt Young responded no
and explained that there will be no more wetland impact.
Richard Benevento stated that he is concerned with the individual
5,000 sq. ft. of disturbance of resource land with each Notice of
Intent and stated that the Commission should condition this.
Jon Mazuy asked if this included all inner lots and
this was not brought to the Commission's attention.
stated yes that is correct.
stated that
Curt Young
Dr. Mayo Johnson asked how will the raising of the elevation by 1½
feet affect water run-off to the existing house on lot #12. Curt
Young stated that it won't affect it at all and explained that
there will be catch basins installed.
Lot #49 or #5
The Commission had no questions.
Lot #52 or #8
The Commission had no questions.
Lot #53 or #9
The Commission had no questions.
Lot #54 or #10
Jon Mazuy noted that there is quite a steep embankment running
toward the brook to have no retaining wall. Curt Young explained
that the house will be moved back considerable in order to
eliminate the retaining wall and explained that there will be a
gentle slope there that can be maintained.
Chairman Lang stated that he is concerned with how much impact
there will be on the green grass and stated that it should be
stipulated that the loose boulders on the older wall be replaced
immediately above the flood zone elevation.
Jay Donnelly questioned the developers plan in regard to tree
removal and asked to what extent will the trees be removed. Curt
Young stated that it hasn't been determined to what extent but
explained that on many of the lots trees will be cut and filled in.
Jay Donnelly stated that the Commission should impose a condition
that existing trees along lot line and along the vegetated wetlands
be retained. Curt Young stated that every effort will be made to
maintain trees between lots.
Richard Benevento questioned if the extent of alteration will be
done on only two areas. Curt Young stated that is the agreed upon
limit.
Richard Benevento stated that he would like to see a tabulation
prior to the disturbing of these areas. Curt Young explained that
that condition does exist in the original plan and noted that it is
very clear.
Chairman Lang asked if anyone from the public wish to be heard.
Renee Mary, 274 Hale Street addressed the Commission and read
letter dated 1/7/97 written by the BSC Group in Worchester, MA.
(On File)
a
Richard Benevento commented upon the letter and stated that there
should be a condition that no new material submitted on the night
of a public hearing will be considered until the Commission has
time to review.
Renee Mary also read a letter written by herself and stated that
she is concerned with blasting, the vegetation growing in the
rocks, what the delta effect will be, the video which the
Commission viewed at the last meeting showing the water, the water
table, where the boulders will be stored, what size trucks will be
used, how and where will the trucks cross the brook and the safety
of the residents.
Renee Mary also stated that she doesn't want any more water in this
area and explained that there already is a strong water flow and
more water will continue to run to Thissel Brook.
Curt Young responded to several of Renee Mary's concerns stating
that approximately 4,600 cubic yards of blasting will take place,
that approximately 2,000 cubic yards will be hauled off the site at
20 tons per truck load, that there will be 50-100 trucks for the
first three months of development, that ground water elevation will
not be increased or decreased, that there will be piping of water
under the stream, and that stock piling will be for a minimal time
period and will then be used as fill or removed.
Gary Scavlin asked what was meant by the Commission's comment
regarding the non-acceptance of new material presented on the night
of the public hearing. Richard Benevento explained that he was
referring to new plans.
Gary Scavlin refers to an article printed in Sunday's newspaper
regarding what the definition of a river is and explained that the
article stated that it is a tough question and it has not yet been
decided. Gary Scavlin submits the article to the Commission.
David Hassell, 111 Cross Lane stated that this body of water has
been interrupted and additional information should be considered.
Virginia McGlynn Ward 4 Councillor addressed the Commission and
stated that she just wanted to remind the Commission of the big
water problem that already exists in this ar~a.
There being no further questions or comments regarding this
proposal a motion was made by Jon Mazuy to close the public hearing
on Birch Woods Drive, Lots #46, 49, 52, 53 and 54, seconded by Tony
Paluzzi and approved unanimously.
A motion was made by Jon Mazuy to reconvene to regular session,
seconded by Tony Paluzzi and approved unanimously.
Old/New Business
a. The Flatley Company
A motion was made by Tony Paluzzi to deny lifting the Enforcement
Order due to a small section of area that has not yet taken hold,
seconded by Jon Mazuy and approved unanimously.
b. Wetland Reference Manuals
A motion was made by Tony Paluzzi to appropriate money (no limit)
to purchase nine (9) wetland reference manuals entitled "A Guide to
Understanding and Administering the Massachusetts Wetlands
Protection Act" compiled by Massachusetts Audubon Society, seconded
by Jay Donnelly and approved unanimously.
c. Debbie Hurlburt Stipend
A motion was made by Tony Paluzzi to appropriate $2,500 as a
stipend for Debbie Hurlburt for her position as Conservation
Administrator which will be taken from the Conservation funds for
the next six (6) months, seconded by Jay Donnelly and approved
unanimously.
d. Newly Submitted Material
A motion was made by Richard Benevento that if any new material
that presents changes in the design is submitted from the applicant
on the night of a public hearing, that public hearing will
automatically be continued, and if clarification information is
presented on the night of a public hearing, that information will
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be handled on an individual basis, seconded by Tony Paluzzi and
approved unanimously.
e. Ma~lewood Subdivision/Svmes
Richard Benevento explained to the Co~unission that portions of this
subdivision are in great need of clean up activity, such as street
sweeping, cleaning out catch basins at Holly and Essex Street and
new hay bales.
A motion was made by Richard Benevento to issue Symes Associates an
Enforcement Order at the Maplewood Subdivision to clean up from the
top of Holly Lane to Essex Street and to stabilize the area to
ensure that further siltation doesn't run off, to replace hay
bales, and to clean out the catch basins, seconded by Tony Paluzzi
and approved unanimously.
Order of Conditions
a. Porter St., Ext. / DEP File #5-565
A motion was made by Tony Paluzzi to (1) issue standard and (2)
coastal conditions, (3) the method of construction shall be
reviewed and approved by the Building Inspector and Conservation
Commission to ensure that the new house will not modify the
existing slope, (4) that a reserve of 20 hay bales shall be stock
piled on the property in the event that they are necessary, (5) any
and all stockpiled material shall be covered with a plastic cover
to prevent erosion and a silt barrier shall be placed around the
material, seconded by Benevento and approved unanimously.
b. Brookwood School / DEP File #5-568
A motion was made by Richard Benevto to issue (1) standard
conditions, (2) trees to be removed due to pipe installation shall
be marked for approval by the Conservation Co~unission for their
review prior to their removal, (3) a letter from the neighbor,
where the dewatering will be taking place, indicating their
approval for the use of their property for dewatering shall be
submitted to the Commission prior to the commencement of activity,
and (4) notification from the Manchester Conservation Commission
(ie. Order of Conditions) indicating their review and approval
shall be submitted to the Commission prior to commencement of
activity, seconded by Jay Donnelly and approved unanimously.
c. Birch Woods Drive - Lot #46 or #1 / DEP File #5-560
A motion was made by Tony Paluzzi to (1) issue standard conditions,
(2) as with the Superseding Order of Conditions, File #5-394, that
in no case shall the total replication in the bordering vegetated
wetland area, including all 13 lots, exceed 5,000 square feet and
(3) Special Condition #2 shall extend beyond the Certificate of
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Compliance,
Certificate
unanimously.
in perpetuity, and shall be referenced in the
of Compliance, seconded by Jon Mazuy and approved
Birch Woods Drive - Lot #49 or #5 / DEP File #5-561
A motion was made by Tony Paluzzi to (1) issue standard conditions,
(2) as with the Superseding Order of Conditions, File #5-394, that
in no case shall the total replication in the bordering vegetated
wetland area, including all 13 lots, exceed 5,000 square feet and
(3) Special Condition #2 shall extend beyond the Certificate of
Compliance, in perpetuity, and shall be referenced in the
Certificate of Compliance, seconded by Jon Mazuy and approved
unanimously.
Birch Woods Drive - Lot #52 or #8 / DEP File #5-562
A motion was made by Tony Paluzzi to (1) issue standard conditions,
(2) as with the Superseding Order of Conditions, File #5-394, that
in no case shall the total replication in the bordering vegetated
wetland area, including all 13 lots, exceed 5,000 square feet and
(3) Special Condition #2 shall extend beyond the Certificate of
Compliance, in perpetuity, and shall be referenced in the
Certificate of Compliance, seconded by Jon Mazuy and approved
unanimously.
Birch Woods Drive - Lot #53 or #9 / DEP File #5-563
A motion was made by Tony Paluzzi to (1) issue standard conditions,
(2) as with the Superseding Order of Conditions, File #5-394, that
in no case shall the total replication in the bordering vegetated
wetland area, including all 13 lots, exceed 5,000 square feet and
(3) Special Condition #2 shall extend beyond the Certificate of
Compliance, in perpetuity, and shall be referenced in the
Certificate of Compliance, seconded by Jon Mazuy and approved
unanimously.
Birch Woods Drive - Lot #54 or #10 / DEP File #5-564
A motion was made by Richard Benevento to (1) issue standard
conditions, (2) as with the Superseding Order of Conditions, File
#5-394, that in no case shall the total replication in the
bordering vegetated wetland area, including all 13 lots, exceed
5,000 square feet and (3) Special Condition #2 shall extend beyond
the Certificate of Compliance, in perpetuity, and shall be
referenced in the Certificate of Compliance, (4) a boulder wall,
18" in diameter, spaced 5' apart, shall be placed immediately above
flood zone or boundary of the bordering vegetated wetland,
whichever is closer to the stream to protect the boundary of the
wetlands, seconded by Paluzzi and approved unanimously.
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Certificate of Compliance
a. 13 Eisenhower Avenue
Hurlburt stated that an as-built plan and certification letter was
submitted to the Commission indicating that work had conformed to
the Order of Conditions. Hurlburt also indicated that she
conducted a site walk and the area appeared complete and
stabilized.
A motion was made by Tony Paluzzi
Compliance for 13 Eisenhower Avenue,
approved unanimously.
to issue a Certificate of
seconded by Jay Donnelly and
Adjournment
A motion was made by Tony Paluzzi to adjourn, seconded by Jay
Donnelly and approved unanimously.
The meeting was adjourned at 11:15 p.m.
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