1996-07-23BEVERLY CONSERVATION COMNIlSSION
MINUTES OF MEETING
TUESDAY. JULY 23, 1996
A regular meeting of the Beverly Conservation Cormnission was held on
Tuesday, July 23, 1996 at 7:t)0 p.m. in ~xe Committee Room, 3rd floor of
Beverly City Hall.
Those present were: Chainrian David Lang, Patricia Grimes, Richard
Beneveto, Ton)' Paluzzi, John Mazuy, and Dr. Mayo Jolmson. Also present
were Assistant Plam~ing Director Debbie Hurlburr, and Eileen Sacco,
TemporaLx.' clerk.
The meeting was called to order by Chairman Lang at 7:00.
Motion made by Patricia Grimes to recess for the purpose of blding Public
Hearings, ~econded by Tony Paluzzi and approved unanimously.
Public Hearings
Conlinuati,3n of Public HeariDg - Centerville School
Michael Radner adclressed the Conm,.ission and slated that lhey have
reconfigured lhe plans tbr the parking lol b:' removing a row of head-in
parking spaces and replacing ix with a row of parallel parking. He also n,~ted
that the): are not increasing the volunm or the rate of runoff. He also noted
that there is an existing flooding problem there, and the changes made to the
pa~king area plan addresses tl',.e proposed addition and dt~es not exacerbate
the existing condition of the area.
Richard Beneveto addressed the Con~nission and skated that he agreed that
there is a drainage problem thal exists in that area, but he is not sure where
the Consen,alion Con~nission would go '~ ith a directire to the applicant to
correct the problem. i'te n,~te,.] thal there is nothing m the Wetlands
Protection Act that allows a Conservation Conm~ission to instruct an
applicant to fix an existing drainage problem.
Tony Paluzzi recalled that at the last meeting the Architect and the Engineer
were asked to look for a solution that would alleviate the existing conditions.
Mr. Rach~er stated that they:' are satisfied that they are not making the existing
problem any x~'orse.
Richard Beneveto addressed the Comn~ission and asked if the volume would
be the same that is presently orating off the site. Mr. Rhdner stated that the
volume and rate ofrmDfi'wt,uld be the same. Richard Mainville referred lo
the 100 3:ear stom~ and reviewed the calculations R~r the Con'maission.
Jon Maztkv addressed the Commission and stated thai aside li-om the abutters
drainage problems he hoped that the problem could be dealt with.
Richard Benevct,.~ asked if thex were utilizing the sxvale in the question of
drainage. Mx. Radner stated t!3al there is drainage that goes there but they
are not adding to that. Mr. Boneveto stated flint he sees this as two issues.
The first being the flooding of the abutters yard and suggested a letter be sent
to the Public Works Departmer:t requesting that they review that area and
clean out the brook. He also sinted that the Commission could approve the
proposal as submitted with a condition that no additional rimoff t?om the site
go into the brook Mr. Radner stated that they are not changing what goes
into the brook.
Tony Paluzzi asked xxhere the bro~,k plugs up and no~ed that if that is the
reason that the xx ater flows into the Butlers backyard, then it should be
cleaned. },,Jr. Radner n,.~ted that there is a culvert ban'ell in the street that is
plugged and it should be cleaned and a valve should be installed.
Mr. Thomas Butler o1'2 l Hall Street addressed the Conm~ission and stated
that the road is loxx er than l:is propert:¢. He also noted that he is concerned
· at he is slill going to have the flooding problem. He stated that he was
concerned that he is still going to get the x~ ater beti~re the school &es.
Butler ~rther noted that he has lived tEere fi3r 35 years and he had no
pr&~lems bel~,re the sch,-,c,i xx~s buiJk lie ~cq~tcstcd lha[ lhe City take care
his prd:fien~ first and lheD take care ,:,f the scho,q.
Ton)- PaluTzi: ~gges,ed rh.~. t!'icv l,,d< al the are.'-~ lo the rear of the sch,~o] and
if they changed the slclpe Ihev o,uld diverl ~he runoflZ Mr. Mainville sinted
that he dich~'t see how they could divert the runoft an3~nore than they have
and that xvould require a tremendous amount of regrading.
. Richard Beneveto suggested that the mQuth of the .pipe ~hould be cleaned if it
is full of silt.
Vincent Cotreau 7 l Enon Sireel addressed the Conu'nission and stated that
this wetland seems to be backing up and flooding and the Commission
should lcok and see if they can relieve the flooding on the other side of the
parking area.
There being no further qnestions or comn~ents regarding this matter a motion
was made by Dr Johnson to close the public hearing, seconded by Richard
Beneveto and approved tmanim,>t:sly.
Contintmlion of Public lJearing - 3 Wilson Road
James Hawkes of l 1 Quincy Park, addresy~ed the Con~missio;:~ and showed
the Commission plans tbr the project.
Richard Benevcto noted that he was at tim site visit and noted that the entire
site is vegetated and it appears ',x hat d3e.x plan to do won't have an3' efl~ct on
the beach area. He also noted thai the existing concrete walkway is to be
removed and lhal ,a onld increase ~he pervic, usness of the site. He suggested
that the): use ha)- bales and requested tl'mt ihev do landscaping as phase 2, at
a time of year ',x. hen lhe lawn can take hold.
Dr. Jolmson questioned what is under the concrete walk. NIx. Hawkes stated
that the3· v, ilt put down a sand and gravel base before they loam and seed the
area.
Patricia Grimes noted that she xx:as en the site visit as xx. el] and agreed with
.k/k. Beneveto's corrmlenls.
There being no l%-ther q~ esti,~ns ,',r conm~ents regarding this proposal~ a
motion was made by Mr. Paluzzi that there is sufficient mfbnnation to close
the public hearing, seo.,nded bx Richard BeneyeD and ap!~rc~ved
unanilnollslv.
Continuation of Public Heating - 2 Longham Road - Garage/Loft Addition
Patricia Baker
Deb.b.i~ Hurlb.urt addressed the Cg. nm~issign' a.nd stated that ~he rex4ewed the
plans with Mrs. Baker and x4sited the site. She explained that the property. is
clea~y in the bufl~r zone and it about 80 or 90 tizet to the resource area. She
also noted that they have amended the plan to include the location of the
buffer zone and they plan to use hay bales and a silt t~nce 10 feet from the
bu~br zone. Debbie also noted that the), corrected the paper work lbr DEP
and filled in item #11 to include the information regarding the garage, and
the application has been sent to DEP.
Daxdd Lang noted that he also visited the propert3.' and he agrees with the
infomaation presented.
There being no t~_krther questions or comments regarding the matter a motion
was made by Richard Beneveto to close the public hearing, seconded by
Tony Paluzzi and approved m~animouslv.
Richard Beneveto addressed the Con-umssion and stated that future
applications should be reviewed by Det~bie Hurlhurt and that pe~aps the
applicants should be adx4sed to file for a Request for Determination of
ApplicabiliB, rather than a Notice of Intent and it would save some time.
Continuation of Public Hearing - 74 Hart Street- Constntction Soil
Remediation - Glen Urquhart
Atty. Tom Alexander addressed the Commission and requested that they
conlinue the public hearing to the next meeting of the Commission as tlley
are still in the process of getting the soil samples.
Motion made by Richard Beneveto to Continue the Public Hearing tbr Glen
Urquhart, seconded by Tony Paluzzi and approved unanimously.
Motion made by Dr..loireson to recess the meeting to reconvene in the Cit).'
Council Chambers, seconded by Tony PaluTzi and approved unanin~ous!y.
Chairman Lang reconvened the meeting in the Cit).- Council Chambers.
4
Continuation of Public Hearing - 3 3 Hathaway Street lot 2ff - Ford
Company
Bill Manual of HanCock Enviromnental addressed the'Commission and '
noted that he has rex~sed plans as the result of the site visit held by the
Commission. He noted that some of the Co~nission members t~lt that there
was an extension of the wetlands in the vicinit3-of flags # 14 & 15. He also
noted that the slope of the driveway is a little more, but there is no impact to
the wetlands.
Richard Beneveto noted that the slope was steep and asked xx hat treatmere
they plarmed for the slope. Mr. Manual stated that they plan to loam and
seed the slope and maintain the laxity. He also noted that new flags have
been put out since the site x%it.
Richard BeneyeD stated that he x~as at the site visit and it appeared to be a
wetlands area that needed to be flagged. Mr. Mamtal stated that there was
approximately,' 5 feet between the slope and the edge of thc wetland. Mr.
Beneveto asked when the work would begin. 1VLr. Manual stated that it
should begin in August Or Septenqber.
Chairman Lang asked if there was anyone present who wished to speak on
the issue. There being none, a motion xvas made by Richard Beneveto to
close the public hearing, seconded b;' Tom- Paluzzi and approved
ua~animouslv.
33 Hathaway Streel] ttouse lot 3/I' - Ford Company
Bill Manual of Hancock Enxdrom~ental addressed the Co~rnnission and
noted that this lot is adjacent to lot #2 and thai they have revised the plan to
push the garage portion of the house to the minimum front yard setback
would allow. He also noted that the slope is/~qirly irregular and the site has a
hisloL~- of dumping and is a magnel for grass clippings iu the neighborhood.
Richard Benevcto addressed the Cc,~Tm~ission and stated that this area is
precarious in the presenl omditicn and is a detriment to the resource area and
recommended a condition in the order that would require the slope to be done
in advance of any other work on the site. tte also stated that he xx as not sure
that 12" rip rap would do it and would like lo see larger rip rap placed there.
5
He also noted that he would like to see the rip rap placed more that 11/2 feet
from the wetland. He stated that if they pull back the slope it would give a
buffer at the bottom of the slope, noting that he did not want to see it at the
edge of tl~e yyetland~ Her~comn~ende~i 2: 3 fe..et noting that he looked at it
~nd does not think iris impossible. "
Chaim~an Lang asked if there was an5 one present at the meeting who xx;ould
like to comment on the proposal. There being none, a motion was made by
Richard Beneveto to close the public hearing, seconded by Tony PaluTzi and
approved unanimously.
Public Hearing - 448 Essex Street - Garage - Robert Holt
Mike McNiffaddressed the Commission and presented a Notice of Intent for
the construction of a 20' X 20' garage. He reviewed the histon..: of the
propert}..- and noted that a superseding Order of Conditions was issued on the
propen3.' by DEP.
Mr. McNiffexplained the proposed plan to the Con:anission and noted that
the plan conforms to the WPA. He noted that they are intending to use hay
bales and a silt tbnce and they feel that the location that the>' intend to build
on will have less of an impact.
David Lang questjoined the distance from the back of the garage to the
wetland. Mr. McNiff stated that it is about 58 feet from the front of the
garage on one side and 49 **~et on the other side to the wetland. lvh-. Lang
requested that the inlbrmation be noted on the plan.
Richard Beneveto asked if there was an existing file nm~ber for this project
from DEP. He also questioned if they would be stockpiling the excavated
material. Mr. McNiff stated that they would tp.¢ to use what they could on
the site and would be removed
Chaimmn Lr_..ng a~skecl if there xvas am'one present who wished to comment
on the pro. iect. There being none; a motion xx as made by Dr. Johlison to
close ~e Public Hearing, seconded by Ton}' Paluzzi and approved
unanimioulv.
Public Hearing - 26 Old To\vn Road/Pof:l - Charles Grimes
6
Palrich Grimes recused herself lirom discussion of this matter.
.... Atty. :TOm Alexa,..nder addr~sed..fl~eCommission on t'e-half0fhis client ..
Cha~es 'Grimes and explained that the e,xisting'ho{ise is within the buffer
zone area and they are. seeking m construct a pool and deck in the rear of the
propert3..'. Arty. Alexander noted that the as built plans for the propera- show
that the proposed location fi~r the pool is level. He explained that the;e
would be 12 footings and that they are installing a siltation fence at the edge
of the wetland. Arty. Alexander also noted that some minor leveling ~vould
be necessar3.' to make the pool on level l~otings. He requested that the
Corm~ission issue an Order of Conditions for the proposal.
Tony Paluzzi asked hoxv t~qr the distance was betweeu the back of the house
and the top if the rip rap. Mr. Grimes stated that it was approximately 21
/bet and explained that the l~nce would be removed and the line woul~t be at
the end line of the footings and the rip rap would be beyond that.
Chairman Lang asked if there was anyone present at the meeting who
wished to con~nent on the proposal. There being none, a motion ~as made
by Ton3' Paluzzi to close the Public Hearing, seconded by Jon Muzuy, and
approved unanimously.
Patricia Grimes returned to the meeting at this time.
Public Hearing 11 Access Road / House - Dax4d Camevale
Debbie Hurlburt addressed the Conmnission and explained that there was
some confusion regarding the # of the street but that the noted #I 1 was the
correct address and it was just a t3..?ographical error. She also noted that all
of the proper abutters to the property were notified of the hearing.
Kttrt Young of Wetlands Preservation, Inc., addressed the Connnission and
explained a prol~osal to construe,, a single family hot~'.~e on the lot. !:ie
explai~md th..'~t the wet!and boun,&~ry has been flagged and the closest point
of the house to the x~etlands is 50/i~el. Iqe noted that the propert3: has had a
varietx, of uses, the lasl one being a dump. He noted lha/the)- propose
erosion control me~sures in lhe back of the prol3ertx-and they xxill excavate
any material thal sht,uid be remtwed ti'om the site, 'and prop~se a/aver of fill
7
to protect the area. He also noted that they propose a small deck that would
be 70 feet from the wetland and that would be in the buffer zone.
Richard B~,neveto asked if they aB1 icipa!e a~' stockpjli.ng of.mater!al on .the
site. Mr. Young stated lhat the)' do plan to stock pile on the Site but would
do so closer to the road. He noted that there is a small depression towards
the center of the propert3.' and there would be a moderate amount of stock
piling fi'om the Ibundation. Mr. Beneveto asked if they had done a 2 1E on
the site, noting that if it was a dmnping area there could be some
contamination there. He also noted that it seems that there n~igbt have been
an old house on lhe site at one time and the3' should be sure that there is
nothing toxic on the site.
Ton3' Paluzzi questioned if the owner would be willing to put some large
rocks along the wetland boundan.'. Ivlr. Young stated that he would have no
problem with that in the area that he can control.
David tang suggested that the Commission take a site visil to the properrS.'.
Chain~an Lang opened the hearing up to public conm~ent at this time.
.loan Murphy of 36 Long Meadow Road addressed the Comanission and
stated that she has lived there tbr 36 years and that there is a pond and a
stream there which is not noted on the plan. She also noted that the area
floods and that she has standing x~-ater in he~ yard for days. She also noted
that she sees the level of the water increasing every year.
Mr. Yotmg showed ariel photos of the area, and noted the location of the
stream and the pond in relation to the proper~'.
Richard Beneveto noted that they are not proposing to fill a resource area but
noted that they need to discuss whether or not they are in a flood plain.
Mrs. Ix4uqM~y asked lhe Conm~ission if the lot xxas ale ,al lot. Chainnan
- g
Lang inlbnncd her that, the question is a Planning Board issue, and tl':.e
Con~nission couh] not decide that.
8
There being no further comments or discussion regarding the proposal at this
time a motion was made by Richard Beneveto to continue the pubic hearing
to August 13, 1996, seconded bv Ton;.' Palttzzi and approved unanimously.
The Conm~ission'scheduled ~ 'site x;isit for Satu/'day,'july 27, 1996 at 9:00
a .m.
Public Itearing - 181 Elliott Street ,; Soil Remediation - Cunm~ings Propera.'
Chuck Katuska of Vanasse Hangen addressed the Commission and
explained thal the site is approximately 7 acres. He explained that the upper
shoe pond is fresh water pond and the lower shoe pond is a coastal xvetland
system. He further explained that the upper sh<~e pond is a li-esh xvater bank
and land under water. He also noted that the lower coastal resource area is
land under the ocean and the flats are coastal beaches, and are also coastal
beaches. He noted that both coastal and inland banks are protected within
100 feet of the buf/~r zone.
Mr. Kamska noted that the tide moves across Elljolt Street to lhe lower Shoe
Pond to elevation 10. He also noted that there are 5 sites that merit
remedialion under fl~e Massachusetts Contingency Plan. He explained that
the ball field site, the machine breaking pad, the chip grinding site, and the
west parking lot site are xvithin the Massachusetts Contingency Plan. He
explained that conlaminated soil xvould be excavated and stock piled in a
treatment area.
Mr. Katuska noted that the plan calls Ibr protection from erosion and
sediment control. He expla~ed that contaminated soil would be tested on
site and treated on site if possible. He also noted that they may recycle it to
asphalt and re-use of on the site. He further noted that all elevations would
be restored and stabilized.
David Lang questioned if the stock piling area v, ould be in the buffer zone.
Mr. Kaiuska stated thai the stock pile treatment a; ea xx ould be the asphalt
batching ar¢a and they xvou!d re-use as mucl', as possible ar.,d would be away
from the buffer zone. He noted that an51hing that can't be treated to
reportable limits would be properly contained and removed firore ~e site.
Da~Ad Lang asked what kind of equipment would be used. Mr. Katuska
stated that it would be large asphalt batching equipment.
Tony Paluzzi' stated that he-is. concemed a.bbut: the la. nd area near. the.' Balch ·
Sch(~ol and the location of the treatment area. He requested that the3' check
the drawings for the new Balch School and see if there is a wetland h~ that
area.
.Ion Muzuy asked that they flag the area and show it on the plan, noting that
he does not want stock piling to bog this down. He suggested that another
area besides the area near the ball field may be more suitable.
Richard Beneveto asked how much volume they plan to excavate. Mr.
Katuska stated that it is a total 0f4,000 cubic lbet of soil lbr a total. He also
noted that it should take 4-6 weeks to complete. He explained that the soil
has been fairly well characterized at this point and testing and treatment will
be done prior to the reuse on the site.
'David Lang noted that he is concerned thai if they have to remove
contaminated material from the site, it may sit there for months betbre they
get approx,al to move it.
Richard Benevcto suggested that the Connnissio~: take a site x4sit to the area
on July 27, 1996 at 10:00.
Chaim~an Lang opened the hearing up to public corranent at this time.
Ward Six Councillor Jotm Murray addressed the Commission and expressed
his concern about the location of the new Ba!ch School. He stated that he felt
that it is a poor location to place contaminated soil and is concerned about
the future ~vhen the propera.' is turned over to the City of Beverly when the
new Balch School is built. He holed that parents will be concerned about
having fl~e site of the school there, and urged them to choose another location
liar the stock piling.
Vincem Cotreau of 71 Eon Street addressed the Commission and stated that
he hoped that tl~e best management practices would be enforced for this
pr~q~osa]. }4_e noted that the Bass River is ve~.-v 1-,ol!uted and that an3~thing
that could be removed I?om the site should be.
10
Brace Ovenson of Cmmnings Property addl essed the Connnission and
clarified the location of the stock piling operation. He stated that they could
relocate that area.
David 'Lang stated that he Would like to see more 'details regarding the stock
piling and the process for the remox;al of contaminated soil. He also
suggested that the Commission include a condition that no work is
performed on rainy days.
There being no furd~er comments or questions regarding this matter, a
motion was made by Richard Beneveto to continue the public hearing to
August 13, 1996, seconded by Patricia Grimes and approved unanimously.
Motion made by Tony PaluzTi t~ reconvcne to :'egular session, seconded by
Dr. Jolmson and approved unanimously.
Requests tBr Determination of Applicabilites
Continuation: Sam Forgo Drix:e/Fonz~ Really Trust & City of Beverly
David Lang addressed the Conmaission and recalled that the Coxmnission
voted at the last meeting to hire an independent consultant to the review the
plans tbr this proposal. He stated that the low bidder was MaD' Rinm3er of
Rinnner Emdromnental Consulting and she is present at the meeting to
rexdew the plans with the Conm:ission.
Ivlary Rinm~er addressed the Co~mnission aM explained that she has been to
the site and reviewed her findings wilh the Conm~ission. She noted that she
looked at two areas. The Iirst one was Isolated Wetland subject to flooding.
Ms. Rinqaner explained that there were hydric soils in that area as well as
wetland vegetation. She also noted that she found that there were no
hydrologic calculations fi~om the applicant. She also noted that if an area
does not border a body of water it does not qualif3.: as a Bordering Vegetated
Wetland. She also noted that the Am3y Coq3 of Engineers likes to see the
area designated ti~deral non state wetla~:d and sl,.ould be noted on the plan.
Ms. Rinm~er stated that she agrees with the applicants delineation, but noted
that she IZmnd a flaw in the flagging. She also noted that there is a
11
possibility that there is a vernal pool on the site and that when the Notice of
Intent is filed it should be confirmed that it is in fact a vernal pool. She alse
noted that there are certain things to look for when determining a vernal pool.
Ms. Rixmner also noted that sonhe soil holes Were plotted incorrectly on the'
plan. She stated that # 13 was found to be hydric and that is not sho~x.~ on
the plan.
Richard Beneveto suggested that Ms. Rinm~er and the applicants consultant
should get together and determine where the lines are. He noted that once
that is done it is incumbent upou the applicant to accurately show that on a
plan. He also stated that he does not feel comtbrtable voting on this plan.
Chainnan Lang asked the applicant's consultant if she xx ould like to
cx~runent on the findings of Ms. Rimmer.
Vincent Cotreau addressed the Cormnission and stated that if the
Con:mission was going to let the applicant speak on the issue, then the
public should be allowed to cormment.
Richard Beneveto stated that the MACC guidelines and the open meeting
law, allow the Conservation Conm~ission to allow input.
Palricia Grhnes stated that once the public hearing is closed, you carmot
accept public discussion.
Dax4d Lang suggested that the Conm3ission should let the applicant speak,
noting that he did not ~;a~t to jec~pardize the public hearing.
Richard Beneveto noted that there is a process by which the aggrieved part5.'
can appeal to DEP and it made sense to allow public input.
Elizabeth Wallace, a botanist with Hayes Engineering addressed the
Conm~ission and conm~ented on Ms. Rimmers finding'.s. She stated that the
area thal is Isolated Wetland Subject to flooding xx as recorded at the highest
elex. ation observed. She also noted that they ~'alked the site together and
took samples.
12
Ms. Wallace noted that the inaccuracms in the plan were not tree. She stated
that the soil holes were not plotted inaccurately. She explained that the scale
of the plan affected the delineation. She also stated that the line is correct
and the consultant has said that she essentially agreed with the line.
Ms. Wallace also stated that she had complied with the consultants request
for drawings of the soil holes, and noted that she has 2 new drawings for the
Commission.
AGO'. Tom Alexander addressed the Commission and noted that this
application is a request for detem~ination to determine the wetland
boundaries.
Tony Paluzzzi questioned why the Co~ranission had not seen the plan and
where the roadway is going to be.
David Lang recalled that the Commission had requested the location of the
road for informational purposes and requested that the applicant submit an
eveflay at the same scale with that infom~ation on it.
Atty. Alexander stated that the3' filed this request in April, and that three
months have gone by. He stated that they would like to file a Notice of Intent
for the next meeting so that the3' can get that process started. He also noted
that they would be happy to prox4de the roadway crossings for the next
meeting.
Jon Mazuy noted that he was concerned about the final plan as it was
approved by the Planning Board. Att3.'. Alexander stated that the plans are
on file with the Plmming Departanent and they are public record.
David Lang suggested that Ms. Rimmer come to the next meeting to further
review this. He also noted that he would like to meet with her before the
next meeting to review the plans.
Ms. Rinm~er noted that it was reasonable to assrune that they agree on a
portion of the plan. She also nomd that the Dufrain Henry line was
previously approved by the Con~rfission.
13
Richard Beneveto questioned whether it is up to the Commission to
determine the wetland boundaries for project. He suggested that the
Commission should WTite tO DEP of MEPA for a ruling as to whether it is
required ofthe.Commission to do so.
Att3,. Alexander noted that the3' are trader time constraints t~rom DEP and
they would like to do the filing all at once.
Motion made by Richard Beneveto to continue the hearing to August 13.
1996, seconded by Patricia Grimes and approved unanimously.
Massachuaetts Highway Department - Route 1A Reconstruction
Steve Tyler of Bayside Engineering addressed the Co~mnission and
explained the plans to rehab a portion of Route 1A. He explained that the
area that the3; would be working in would go from Memorial Middle School
to the 'wenham line. He also noted that the intersection of Cabot and Dodge
Streets is also included. He noted that the proposed rehab would be 34 feet
from curb to curb, and the planting strip would be removed.
Mr. Tyler rex4ewed the areas ,:~f impact for the Commission. He reviewed
those areas on the plan with the Commission. Mr. T;4er also noted that there
would be no change in the existing draiuage pattern in the area for this part
of the project.
Mr. Tyler ret~rred to sheet 25 and 26 and explained that in the area of the
Commodore Restaurant the existing drainage pipe on the soulh side of the
propera/is proposed to be cm off and relocated to the other side. He noted
that this was a request of the ox~q~er and Mass. Highway and the DPW
accommodated that request.
Mr. Tyler also noted that there is an existing cross pipe that goes over Route
1A to Wenham lake. He noted thai the there is a Bordering Vegetated
Wetland there and that a': the request ~f the Citx, of Beverb' the5: are
eliminating that pipe.
Daxdd Lang suggested that the Commission have a site visit to the area.
14
Richard Beneveto noted tlmt they' have proposed lmy bales and silt fences in
certain areas on the plan, but he hadn't noticed any details regarding the
catch basins.
Jon Mazuy asked how many contracts were involved in the project and how
long would the project take. Mr. Tyler stated that the3, have one contract and
that the3' expect the project to take about 18 months, and should get started in
the spring.
Richard Benevem suggested flint the Conm~ission condition that hay bales
should be installed around the catch basins and that they should keep a
surplus of hay bales on the sile during construction lbr erosion control in case
of an emergency.
Motion made by Tony PaluEi to continue the hearing to the next meeting on
August 13, 1996, seconded by Patricia Grimes and approved unanimously.
Old_Business
R-5 Netherton Avenue
Richard Beneveto addressed the Commission and stated that he is concerned
about extending a prqiect aria it was approved 9 years ago and nothing ha,';
been done. He idled ~at conditions change and he sees no reason xx]nv they
should not re file.
Motion made by Richard Beneveto to deny the request lbr an extension and
to issue a Certificate of Completion, seconded by Tony Paluzzi, and approved
unanimously.
R-Hull Street - Conservation Management
Richard. Beneveto addressed the Conm~ission and stated that he felt that the
preservation of open space is of concern to eve~:,Ione, and he thi~kks that the
Cor:m~ission should preserve x\ hat x~ e hax e. He questioned giviAg
something up that is hard to get, in lenns of open space.
Debbie Hurlburr sl'aled ~aat she has sent a letter to Marshall Handly tbr his
opinion about the Commission relinquishing their management of' lhe
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propert3'. She also noted that there is a large amount of back taxes oxved on
the prope~,.
Atty. Alexander addressed the Commission and reviewed the histon.' of the
propera.'. He noted that the5' are cnn'ently negotiating with a buyer and they
will pay all back taxes owed thc tit3:. He also noted that the)' need to clear
the title to do that.
Jon Mazuy stated that he t~l| that the C~3xrnnission should wait Ik~r the
opinion of the City Solicitor beti3re making a decision.
Vincent Cotmau addressed the Commission and stated that the land was
given to the Conunission in 1962 along with a number of other lots.
Dunlmm Road - Maestranzi
Palricia Grimes reported that she went out to the site and noted thal .Mr.
Maestranzi indicated to her that he was not pla~ming on doing any work on
the site. Jon Mazuy stated that the Commission should send the matter to
the CiB' Solicitor l~3r flirther aclion.
Orders of Conditions
Centerville Sch,.~o!
The Commission voted 6-0 to issue standard conditions lbr the prqiect, and
in addition they should subnit a maintenance plan, a check the valve and
keep a minimum of 20-30 ha5: bales on the site for erosion control.
3 Wilson Ax;enue
The Co~m~aission voted 6 - 0 1o issue standard coastal conditions, and in
addition a geolextile fabric should be placed below where the concrete area is
to be rem,~ved, and that the lapdscaping f~r the project should not conm~ence
until the con~pletion ,>f the construction of the house.
2 Longham Road
The Con2anission voted 6 - 0 to issue standard conditions for the pr,Ziect.
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33 Hathaway Street - Lot #3
The Conm~ission voted 5 - 1 to issue standard conditions for the project.
Jon Mazuy addressed the Commission and slated thai he cam~,l in good
conscience agree that either propera.' could be developed without iml'xacting
the wetland.
33 Hathaxvav Street - Lot #2
The Cormnission voted 5-1 to issue standard conditions and in addition the
Con'unission ordered th0t the slope should not exceed 2-1 and that the rip rap
should be 18" - 2 t~et at the base and nothing smaller than 12" at the top.
26 Old Tox~ Road
The Cc. nm~ission voted 5-0 xvith Patricia Grimes abstaining, to issue a
standard Order of Conditions.
55 Abbot Street Certificate of Compliance
The Conm~ission voted 6-0 to issue a Certificate of Conapliance tier 55
Abbott Street.
Other Discussion
Dax4d Lang inlZ3m~ed the Commission that Mary Rinm~er has used about
$700.00 of the money that the Commission appropriated for the Consultant.
,Ion Mazuy suggested that the Con~nission extend the amount appropriated
by $300.00 so that the additional infommtion that is needed can be obtained.
Atty. Yore Alexander addressed 1he Conm~isgio~? and p, oted that ig money is a
problem, his client xx ould pay for the delmea!i m of ~e xx etland.
Workshops
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Debbie Hurlburt addressed the Conunission and stated that she has gotten a
good response to her ad regarding the workshops that the Conunission would
like to host. She suggested some dates to the Conunission and it was
decided that the first one would be held on September 9, 1996.
Election of Vice Chairman
The name of Anthony Paluzzi xvas placed in nomiuation tier the position of
Vice Chairman of the Beverly Conse~,ation Commission. The vote was 5-1
with Mr. Paluzzi abstaining.
There being no further business to come beti~re the Conm~ission at this
meeting, a motion was made by Jon Mazuy to adjourn the meeting, seconded
b:.' Dr. Jolmson and approved unanimously.
The meeting was adjourned at 11:50 p.m.
Respectfully submitted by:
Eileen M. Sacco
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