1996-09-03BEVERL'Y CONSERVATION COMMISSION
MINUTES OF MEETING
TUESDAY, SEPTEMBER 3, 1996
A regular meeting of the Beverly Conservation Commission was held
on Tuesday, September 3, 1996 at 7:00 p.m. in the Committee Room,
3rd Floor of Beverly City Hall.
Those present were: Chairman David Lang, Dr. Mayo Johnson,
Jon Mazuy, Patricia Grimes, Tony Paluzzi and Jay Donnelly. Also
present were 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.
Motion made by Jon Mazuy to recess for the purpose of holding
Public Hearings, seconded by Tony Paluzzi and approved unanimously.
Public Hearinqs
Yale Boulevard
Chairman Lang recused himself from discussion of this matter.
Tony Paluzzi will chair the hearing.
Christopher Scholl of IT International Technology Corporation
addressed the Commission and stated that IT Corp. wants to hand
auger down into the ground as much as 3-6 feet essentially for
water sampling and to monitor water levels periodically.
Tony Paluzzi asked what will happen with excess soils. Mr. Scholl
stated that most soils will be remaining however, if there is any
excess we can take that away.
Tony Paluzzi asked the Colmnission if they had any other questions.
Jon Mazuy asked why does IT Varian have such a high interest in
this particular location. Mr. Scholl stated that IT Corp. wants to
understand water balance and water quality from where the former
Varian site was all the way to the Bass River and the whole area
around the Bass River. He also stated that this information is
harmless in our investigation that we're doing around the Varian
property.
Jon Mazuy asked how often do you intend to monitor. Mr. Scholl
stated once initially, measuring depth of the water then as much as
quarterly thereafter. He also noted that they may or may not do
future monitoring.
Tony Paluzzi asked if there were any other questions from the Board.
Tony Paluzzi opened the hea~ing up to public comment at this time.
Robert Perron of 8 Bass River Road, asked when they plan on doing
this work because a well will be placed on his wife's property.
Mr. Scholl replied that the installation will commence as soon as
possible after this hearing and after receiving the Order of
Condition. He also stated that they could let Mr. Parion know well
in advance. Debbie Hurlburt noted that there was a ten business
day appeal period from the issuance of the Order of Conditions.
Jon Mazuy stated that his understanding was that there was a whole
series of pollutants that were dumped into the ground by Varian and
that the reason of these wells in the Varian area is to clean up
the pollutants. Mr. Scholl stated that the area has been cleaned
to the waters and the pollutants that were down below.
Jon Mazuy asked do you know about this. Mr. Scholl stated
absolutely.
Jon Mazuy suggested that he mentioned it to the people in
attendance that the reason for this whole project being done is to
try to clean the pollutants out of the water which were left behind
by Varian and that the underground river possible goes eventually
in the Bass River.
Mr. Scholl explained that a fact sheet was sent to a lot of the
land owners in and around the Varian area describing the whole
purpose of the project and what is being done. Jon Mazuy stated
that the fact sheet had nothing to say about any kind of
pollutants.
Mr. Scholl stated that the fact sheet does in fact talk about the
types of pollutants and noted that chlorinated solvents have been
found down at the Varian site and stated that they will not be
sampling for chlorinated solvents at Yale Boulevard because they do
not anticipate any to be found. They will be testing for other
general water quality.
Mr. Scholl explained that the compounds found in the ground water
under the Varian property are not the compounds they will be
looking for down at Yale Boulevard.
Dr. Johnson asked Mr. Scho].l how he would define water quality.
Mr. Scholl explained that water quality is looked at in many
different aspects and noted magnesium, calcium, sulfate were a few
they would be looking for.
Dr. Johnson asked if they would be looking for trichloroethylene.
Mr. Scholl explained that trichloroethylene was one of the
compounds found at the Varian property but was not one that they
would be looking for down at Yale Boulevard.
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Jon Mazuy questioned if IT Corp. would be willing to forward copies
of reports when available. Mr. Scholl stated that they could make
all those reports available to the Conservation Commission m~mhers.
Tony Paluzzi stated it was a good idea.
There being no further comments or questions regarding this matter
a motion was made by Patricia Grimes to close the public hearing,
seconded by Jon Mazuy and approved unanimously.
Motion made Dr. Mayo Johnson to reconvene to the Public Meeting,
seconded by Tony Paluzzi and approved unanimously.
Chairman Lang returned to the meeting at this time.
0utstandinq Enforcement Order - The Flatley Company
Richard Ellis updates the Commission and explained that the slopes
at the C.P. Clair Building/Cherry Hill Park are now being shaped
and are in their final form. Mr. Ellis also notes that some hydro
seed has been sprayed on the slopes, some grass has started to grow
and the curbing in the parking lot should be done this week.
Mr. Ellis also states that some water did get over the edge with
this weekends rain and that some silt fencing will have to be
repaired and have a curb put on that corner of the parking lot.
Jon Mazuy asked when did you do the hydro seeding. Mr. Ellis
stated two weeks ago.
Jon Mazuy asked if more than 20% of the area shows new growth. Mr.
Ellis stated about 10%.
Jon Mazuy asked if that surprised him. Mr. Ellis stated no not
really and continues to explain that the hydro seed was sprayed at
the earliest possible time and as long as it stays dry and warm it
will still take.
Chairman Lang asked if there were any more questions.
Dr. Johnson noted that he went on a site visit and it looked very
improved and agreed the grass was starting to take.
There being no further questions or comments regarding this matter,
Chairman Lang suggested that the Commission keep watching this
site.
Outstandinq Enforcement Order - Eaton Corporation
Steve Roberge addressed the Commission and stated that his company
has contracted with Haley & Aldrich and according to their
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assessment of the site they do not believe that the land slide on
the slopes had impacted the Bass River basin and the site was
showing signs of vegetation. Mr. Roberge also noted that there is
no evidence of siltation in the stream bay, no evidence of really
anything running past the immediate area of the slide.
Mr. Roberge states that Haley & Aldrich suggested two main options:
1) put a drainage trench into the sides of the slope, one in the
mid section of the slope and one in the toe of the slope to prevent
hydrostatic pressure or; 2) flattening the slope by adding a lot
more fill onto it.
Mr. Roberge has concerns about the first option because it may come
under EPA Jurisdiction as well as the Conservation Commission
regarding storm water run-off.
Mr. Roberge stated that he suggested an option of putting rip rap
boulders on the bottom rather than drainage trenches to effectively
do the same thing but they will have no point source run-off.
Chairman Lang noted that the site visit that Haley & Aldrich made
was in June and asked if there was any run-off or precipitation
that day and how they came to the determination that there was no
siltation. Mr. Roberge stated that they made that determination
based on both their observations that they made at the site the day
after the slide occurred in April and then in June by looking at
the conditions of the site and vegetation. Mr. Roberge noted that
they looked into the stream bed to see if there was any evidence of
silt on the bottom - they did not see any.
Chairman Lang noted that it was not a very convincing or compelling
letter since in April when the land slide occurred there was no
vegetation, and he asked if it was possible that because of a lot
of natural growth could that have hidden any erosional features
that may have occurred.
Mr. Roberge stated it was possible and one other suggestion they
had is that they could meet with any board members to walk the site
and address those questions directly based on the features they see
there.
Chairman Lang asked what is their schedule to come up with a plan.
Mr. Roberge stated that they were still trying to get the plan
together and work completed before winter.
Chairman Lang stated he would like to see something implemented
this fall.
Dr. Johnson noted that he was on the site and agreed with Mr.
Roberge's comment that it was vegetated.
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Jon Mazuy asked when Mr. Roberge thought he could report back to
the Commission with regard to remediation. Mr. Roberge stated they
could report back by the next meeting and also stated that he'll
have Haley & Aldrich them come with him to better answer any
question at that time.
There being no further questions or comments regarding this matter
Chairman Lang suggested that at the next meeting for Eaton
Corporation come back and give a plan of attack and a schedule of
implementation.
Continuation - R-Hull Street
Attorney Thomas Alexander addressed the Commission and reviewed Map
73 Lot #3 which is held in the name of Creesey Estate and explained
that his clients are seeking to purchase Map 73, Lot #3 but
according to the tax records of the City of Beverly there are back
taxes owed on this property. Attorney Alexander explained that
basically his client had an agreement with the owners, Creesey
Estate, and the City of Beverly at the time of the title search to
purchase the parcel.
Attorney Alexander stated that the property had been ordered, by
the then Board of Alderman, to be under the control and management
of the Conservation Commission and under Massachusetts General Law
if a City seeks to convey land that is under the control and
management of a specific department within that City then that
department needs to transfer their control and care back to the
city.
Attorney Alexander noted that the Creesey Estate is also the owner
of another piece of property Map 73, Lot #12 which has 148,540
square feet and valued at $68,490.00 and that the original piece
Map 73, Lot #3 has 156,750 square feet and a value of 28,310.00.
Attorney Alexander explained what would happen is that the Creesey
Estate would deed directly to the Conservation Commission Map 73,
Lot #12 and also pay all of the back taxes on Map 73, Lot #3 in
return for the deed from the Creesey Estate and a deed from the
City.
Attorney Alexander noted that some members did a site walk with Kim
Driscotl and she stated that she thought Map 73, Lot 13 is similar
to Map 73, Lot 3 in look and useability.
Attorney Alexander explained that he was seeking a vote from the
Conservation Commission which would transfer the management and
control of Map 73 Lot #3 back to the City subject to the provisions
that a deed go into the Conservation Commission for Map 73, Lot #12
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Attorney Alexander stated both properties are in tax title and it
would be unlikely for the city to collect funds from either of the
lots since the trustee, William Creesey, lives in public housing in
Wenham.
Patricia Grimes asked if Lot #12 was going to be under the
management and control of the Conservation Commission. Attorney
Alexander stated that they would actually own the deed from the
Creesey Estate.
Jon Mazuy asked if the back taxes were going to be paid on both Lot
#12 and Lot #3 or just Lot #12. Attorney Alexander stated Map 73
Lot #3 would be paid.
Jon Mazuy asked if the City would have the benefit of paying both
parcels or just one. Attorney Alexander stated just one, Lot #3.
Jon Mazuy questioned would the Conservation Commission be taking
Map 73, Lot #12 with an outstanding tax. Attorney Alexander stated
yes.
Chairman Lang addressed the Commission and questioned who took a
look at the land. Tony Paluzzi and Jon Mazuy noted they did.
Chairman Lang questioned if it has been used as a dumped.
Paluzzi stated there are things down there but not a dump.
Tony
Chairman Lang asked if there was a gate at the road. Tony Paluzzi
stated there was a gate by Route 128.
Chairman Lang questioned if it could be driven on. Tony Paluzzi
stated no.
Jon Mazuy noted that Lot 12 was basically a little sliver of land
running on Route 128. Attorney Alexander stated it was three
acres.
Chairman Lang asked what was the zoning for that area and how many
lots could be developed. Attorney Alexander stated perhaps three
and noted that there was a gully going through the back third or
middle of the area.
Chairman Lang opened the hearing up to public comment at this time.
Vincient Cotreau of 71 Enon Street addressed the Commission and
reviewed the history of the property referring to Planters
subdivision 1A, 1B and 1C. Mr. Cotreau noted the area is primarily
wetland.
Mr. Cotreau stated it would be a sin to give up this land to one
person instead of the community and noted that it could be develop
as a nature preserve.
Jon Mazuy questioned if there is a legal access to this land for
the public to use. Attorney Alexander stated that a road has been
approved but there is no public right of access at this time.
Peter Gilmore, City Councillor at Large addressed the Commission
and stated that the City of Beverly wants to preserve open space
and not build a house on every vacant piece of land.
Attorney Alexander stated Wood Lane is a private way and that the
owner of Lot #12 has the right to improve access and build a lot.
Jay Donnelly addressed the Commission and noted he likes the idea
of open space rather than little pieces that don't populate.
Patricia Grimes stated she agreed and noted that the public should
have access to a parcel of land.
Jon Mazuy stated why not save a piece of open space. Patricia
Grimes stated she thinks we sometimes have to balance the idea of
open space with the idea of providing people with the opportunity
to live in Beverly.
Chairman Lang read letter from Renee Mary sent to the Commission
dated August 30, 1996. (On File).
Chairman Lang reads letter from Assistant City Solicitor John D.
Moorman dated August 20, 1996. (On File)
Jon Mazuy addressed the Commission and asked if the Commission can
find out how much back taxes are owed on Lot #12.
Chairman Lang asked if that information was available.
Alexander stated he didn't have that information.
Attorney
Jon Mazuy questioned if that information could be obtained before
a vote. Chairman Lang asked if that was an important issue.
Jay Donnelly questioned if there could be a problem with the taxes.
Jon Mazuy suggests this issue be taken up with the City Solicitor.
Attorney Alexander states that the City Solicitor's office has
already written on it.
Jon Mazuy stated he hasn't written on the lack of payment of these
taxes. Attorney Alexander stated that the City Solicitor is well
aware of the swap that is proposed.
Jon Mazuy suggests Attorney Alexander return to the City
Solicitor's office and further discuss the issue of the back taxes.
Chairman Lang reads letter to Commission from the City Solicitor.
(On File).
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Attorney Alexander addressed the Commission and stated that all the
CommisSion is being asked to do is to vote to relinquish the
management and control of this particular parcel provided that
there is a deed of this particular piece of parcel.
There being no further questions or comments regarding this issue,
a motion was made by Jay Donnelly to relinquish management and
control of Lot #3 for a deed of Lot #12, seconded by Patricia
Grimes, Chairman Lang, Dr. Johnson, Jon Mazuy and Tony Paluzzi
oppose, motion fails 4 to 2.
Old Business - Endicott Colleqe
Debbie Hurlburt addressed the Commission concerning the Enforcement
Order that is outstanding out at Endicott College regarding the
dumping of leaves. Debbie Hurlburt states that she had asked
members to view the area in question prior to the meeting. Debbie
Hurlburt noted the leaves have been pulled back and if the
Enforcement Order could be lifted off that specific area.
Jon Mazuy noted he went on a site visit and agreed the leaves had
been pulled out and questioned if there was more than one area and
what did the Enforcement Ozder address. Debbie Hurlburt stated she
was uncertain if the Order was referring to a larger area or the
area of recently dumped leaves, however the College has gotten rid
of the newly dumped leaves. Debbie Hurlburt states that her
recollection was that the members were concerned with the recent
dumping that had occurred out there.
Chairman Lang addresses the Commission and reviewed his
understanding of the history to decide if there was more than one
area to look at.
Tony Paluzzi noted he did a site visit and agreed with Debbie
Hurlburt's assessment.
Chairman Lang asked if there was grass growing. Jon Mazuy stated
it has started.
Chairman Lang notes that in the future they should get a map
indicating exactly where the areas are.
Vincient Cotreau of 71 Enon Street address the Commission and
suggests that the Commission go on a site visit to make sure all
the wetlands are secured before they lift the Order.
There being no further questions or comments regarding this matter,
Chairman Lang proposes to wait for further inspection before
lifting the Enforcement Order.
Old Business - Maestranzi
Chairman Lang addressed the Commission and informed the members of
the meeting which was held earlier with the Maestranzi Brothers,
Tony Paluzzi, Debbie Hurlburr, the Mayor and City Solicitor
Marshall Handly regarding the Enforcement Order.
Maestranzi agreed to bring the Commission, at the next meeting, a
map that shows the subdivision he's planning indicating where the
resource areas are and where the buildings will be placed so the
Commission can determine where the vernal pools are in relation to
the buildings are.
Jay Donnelly asked if a plan had been seen. Chairman Lang stated
no. Chairman Lang added that the Maestranzi's do not understand
what the regulations are.
Dr. Johnson addressed the Commission and noted that Robert
Maestranzi is on the Wenham Conservation Commission.
Jon Mazuy addressed the Commission and stated that we are not the
entity who should tell the Maestranzi's how to do the remediation
actions, it is their responsibility to get someone to come to us
seeking an Order of Conditions. Jon Mazuy added that there is a
risk that the vernal pool area will be totally destroyed before the
fall/winter season.
Jon Mazuy stated that the Commission could go to Court and force
them to seek an Order of Condition or the Commission could fine
them $100.00 under the Statue.
Chairman Lang stated that the Board could do what they felt
necessary and noted the Mayor would like to see this matter
resolved.
Jon Mazuy questioned what is the State doing about all this.
Chairman Lang stated at this point leaving it to your local
jurisdiction.
There being no further questions or comments regarding this matter,
Chairman Lang moves to discuss at next meeting.
Ol~d Business - Maplewood Village
Ward Six Councillor John Murray addressed the Commission and
expressed his concern about a back yard that was sinking/settling
due to the Maplewood development.
Mr. Murray noted that a stream has developed where one never was
before and expressed concerns of another neighbor regarding the
blasting and the foundation damage around his furnace.
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Mr. Murray added that a concrete bridge had to be built at the
Maplewood subdivision because the wetland area has turned into a
stream and explains to the Commission that with heavy rains, the
rain in the street percolates right up through the cracks in the
sidewalk and thinks that the problem is the drains do not
sufficiently cover the run off. Mr. Murray states it never
happened before until the blasting and this subdivision went in.
Jon Mazuy notes he was trying to locate this property and asked if
it was the concrete bridge or another bridge. Chairman Lang stated
it is the concrete bridge straight as you go into Maplewood and
notes that haybales are next to the house just shy of the stream
and that no siltation showed. Chairman Lang added that there was
construction debris, but couldn't see where lawns were sinking.
Tony Paluzzi agreed.
Chairman Lang suggests that the gentlemen at 10 Cherry Street take
a photo of the back yard the next time it is flooded so the
Commission can understand the problem.
Jack suggested that the project proponent should determine if the
depression problem is the cause of the blasting and that
considerations should be made in going back to the Planning
Department or Conservation Commission relative to the foundations
and buildings by the wetland
Chairman suggest we replace signs and put in new hay bales.
There being no further questions or comments regarding this matter,
Chairman Lang suggests that all the members go on a site visit to
inspect the area.
Other
Debbie Hurlburt addressed the Commission and explained that two
months ago the Commission signed a Certificate of Compliance for
Mr. Perrot at 63 Wilson Avenue and stated that a new certificate be
signed because there was a wrong book and page number listed on the
Notice of Intent and Order of Conditions.
Debbie Hurlburt addressed the Commission regarding Chanticleer
Drive, specifically Lot #1, and explains that documents have been
submitted and that the lot has been built and construction in
conformance to the Order of Conditions and asked the Commission if
they would like to sign off on a Certificate of Compliance.
Chairman Lang asked if anyone compared it with the original.
Chairman Lang suggests a site visit.
Dr. Johnson stated he could go on a site visit and call Debbie
Hurlburt with his opinion.
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Dan Finn proponent of this proposal addressed the Commission and
stated that the Commission only is looking at the house only issue
under the original Order. Mr. Finn added that the State still has
to come down and release all three lots.
Board agrees to issue a Certificate of Compliance for Chanticleer
Drive contingent upon getting back to Debbie Hurlbutt with their
approval.
163 West Street
Debbie Hurlburt addressed Commission and noted that she went on a
site visit and stated that the small portion of the lawn has
finally taken hold and suggests that a Certificate of Compliance be
issued. The Board voted to do so.
11 Dodqe Street/North Beverly Variety Store
Chairman Lang addressed the Commission and stated that a complaint
had been made regarding a wetland area that was being filled in and
noted that he and Debbie went on a site visit, met the gentleman
who explained he didn't realize it was a wetland he was filling.
Chairman Lang suggested the proponent file a Notice of Intent to
delineate the wetland area and cease and desist from any further
filling. The Board voted to issue an Enforcement Order.
Traininq Session
Debbie Hurlburt reminds Commission that there is a training session
being held Monday, September 9, 1996 and an Infield Work Shop on
Saturday, September 14, 1996 from 8:00 a.m. 12:00 at Endicott
College.
The meeting was adjourned at 9:00 p.m.
Respectfully submitted by
Susan D. Akerman
Secretary to the Commission
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