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1999-06-01CITY OF BEVERLy MASSACHUSETTS PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 1, 1999 PLACE: Beverly Public Library BOARD MEMBERS PRESENT: Chairman David Lang,Jay Donnelly,Patricia Grimes, Dr.Mayo Johnson, Anthony Paluzzi OTHERS PRESENT: Debbie Hurlburt, Frank Killilea BOARD MEMBERS ABSENT: Richard Benevento, Jon Mazuy RECORDER: Florence Sagarino 1. Chairman Lang calls the meeting to order at 7:00 p.m. 2. DETERMINATION OF APPLICABILITy a. CONT: 495R CABOT STREET/EWASCHUK At this point Chairman Lang calls on Mayor Scanlon to present plans for the Vitale property. Mayor Scanlon states that the Vitale property contains 16-18 acres near a section of Cabot & Henderson Road. He states that the City has no skating rink facilities and residents have expressed an interest in having a rink. The site in question is' where fly ash was dumped, which would provide a good base for construction. He states that testing has been done in the past year,and that Phase I has been done in order to get the site qualified. They are now into Phase 2 on the Vitale site. He states there are three possible resolutions; one being to leave it alone or work around it. The site is under conservation provisions. He states that there is a fair amount of asphalt on the site and they could drain away from Norwood Pond to Bass River. He states the purpose of being before the Commission this evening is to show what is being proposed. States that in order to take this out of the conservation restrictions, it would take this Commission's approval and then submit it to the State legislature. Lang asks what the time frame is for recommendations from the Commission to which Scanlon responds that the time to start would be at the end of the calendar year; that there is a 8- 9 month window and would need recommendations within the next 2-3 months. Scanlon states that this would be available within a month's time. Paluzzi questions what the area for the rink and parking are out back to which Scanlon responds it is half the site-8 acres, and that they do not necessarily lift the restriction on the hillside. He states that there would be some impact to the page ~wo Wenham Lake. Lang discusses the stream which is close to Henderson Road and land around the perimeter. He also questions if a license site professional has to do a risk analysis. Scanlon responds that the LSP already sent a letter to the City to do more tests. Paluzzi asks if they are bringing in much fill and doing much grading, to which Scanlon states that it is a single story and require little fill. Lang requests clarification and states that there were oil spills there and were the spills on the Vitale land.Frank Killilea states that there was 17,682 gallons of liquid containing water and oil and no determination made as to what was water and what was oil. Scanlon replies that the spill went into a rock cavity. Frank Killilea states it was given a IRA status and that DEP upped it to an IRA. Actual field action was done and they believe it is contained a distance away. Dr. Johnson questions how it became conservation land and was told that it was either from donation or non-payment of taxes. Johnson states that it could be an attractive open space. Chairman Lang asks for questions from the Board and questions from the public. Rene Mary asks if the Commission will conduct a site walk, to which Lang responds that perhaps so, but states that this is an informational meeting only. Lang further states that they are here if the Commission wants to release this land to the city. Chairman Lang thanks the Mayor for his presentation. DETERMINATION OF APPLICABILITY a. CONT. 495R CABOT STREET/EWASCHUK George Zambouris states that the area in question is isolated land subject to flooding under the regulations, that this is a low area which is tied into the drainage system. He states that the area does not qualify as a drainage stream - there is runoff from Roosevelt Ave. He states that there are two catch basins at the end of the street. The applicant wants to construct 2 buildings 90 ft.x 40 ft.- that the roof drains are tied into dry wells, which will improve the drainage system, which would reduce the runoff from the site. Chairman asks if there are any questions. Paluzzi questions what runoff there will be from the roof, to which Zambouris replies that this will be in the plan which they are submitting to the Design Review Board. He points out that the two dark outlines are the proposed buildings and the existing greenhouse that has been removed. He states that the amount of structures on the site was a little over 5,000 sq.ft. and that there are 7200 sq.ft of building proposed. He claims that they will be reducing runoff by 14%. He further states that the existing page three drainage system is partially clogged and that around the building is a headwall. He will be installing catch basins. Chairman Lang asks if the invert for the drain is to keep water away from the project, to which Zambouris responds that the drainage ditch is at elevation 36 ft. and that the invert is approximately 1 ft. lower. Lang states that the wetland area upstream from that is on the Roosevelt Ave. side. Zambouris states that the yards slope up towards Roosevelt Ave.; that he will make additional calculations because there is a water problem in back. Chairman asks for questions from the Board. Being no questions, Lang states that he wants to wait for the calculations from Zambouris. Paluzzi states that he wants to see the perc tests, to which Zambouris states that none have been done. Chairman asks for Motion to continue the hearing, which Mr. Zambouris agrees to. Paul Sommer of Sommer Environmental representing an abutter formed organization, introduces himself to the Commission. Mr. Sommer asks the Commission if the issue would be addressed for the Determination of Applicability as to whether the area floods and is potentially an isolated land subject to flooding. (Hands out photos); Mrs. Sommers asks if this is an intermittent stream. He states that in looking at the site there is evidence of skunk cabbage,loosestrife and other plantings in the wetland area. He states that the Commission must understand whether this is under their jurisdiction or not. (Hands out maps to show the area which is dated 1897). Mr. Summers states that the brook runs down from the area in question into the Bass River and hopes the Commission will continue to look for information on soil data; if this is isolated land subject to flooding. He points out that the photo shows a considerable amount of water. The photos were taken in 1985,1986,1987. David Ballentine, 15 Roosevelt Avenue shows photos showing seasonal flooding in the spring and fall with normal rainfall. Bill Squid, 509 Cabot St. refers to the 1897 map - states that the intersection of the street is the Balch House and Roger Conant House. He points flooding out on the photos the DiPaolo property and states that the outflow is a 10 inch pipe which runs under Memorial School and continues under Balch Street and the former Shoe property which he claims has always had serious flooding problems. Roger Perrin states that Hill Street in in this area and he explains the land as it was many years ago. Claudette Turner, Roosevelt Ave. claims she has been there since a child and that there was once a swamp with 2 streams coming down near Ballantine's and one near her house. She states there page four has always been water there and when DiPaolo's built their house she had more water in her cellar. She states that it is always wet even when there has been no rainfall. Jeffrey Horn, Cabot Street states that during heavy rain it took three days to pump out his cellar. Lyman Trask states that some time ago they wanted to put three homes there and when the bulldozers started to work, they started sinking into the ground. He claims he started to get water when Wenham Lake is high in thespring and winter of the year. Zambouris refers to the photos showing the flooding and states that the area flooded out because the drain lines were blocked. He claims that the drainage system has not been maintained by the city. Tom DiPaolo states that his mother built the house and never had water in the basement; that his parents farmed the land,growing tomatoes,carrots and states that they could never grow these if there was flooding in the area. He states that when the drain is working properly there is no flooding. Mr. Ewaschuk asks Frank Killilea what he thinks the proper drainage would be. Frank Killilea states he visited the site and has looked at the plans. He is recommending to the Planning Board about building and feels that this is a doable project. Paluzzi: Motion to continue until June 29, 1999, seconded by Grimes. Motion carries 4-1. Opposed: Donnelly. Chairman Lang asks for a topo map of the drainage system. Mr. Ed Tamarra asks if they could be there for the testing to which Lang responds that it is up to the owner. b. NEW: 62 STURTEVANT STREET/LAVOIE Mr. Lavoiestates that they would like to put in a pool. He states that there is a surplus catch basin at the end of Sturtevant St. and that water runs downstream into a catch basin. He states there is no standing water. Mr. Paluzzi asks how far it will be from the ditch to which Lavoie responds that it will be approximately 4-6 ft. He plans to grade a couple of feet. Paluzzi asks about excavating to which Lavoie states that he will be filling in the high spots. Chairman Lang asks if there will be any fill to which the applicant responds no, that it will be merely sand. Chairman Lang asks for questions. Being none, asks for a Motion. Paluzzi: Motion to grant a Negative Determination #3 with conditions: 1. That a silt fence be installed in a semi-circle page five Between the pool and the wetland~ and 2. Stockpiled material must be located away from the ditch. Paluzzi explains that he is concerned with the excavation in that there could be silt running downstream. Jay Donnelly asks to show the type and size of the pipe to which Lavoie responds that he can extend what is already there which is PVC pipe. Chairman Lung states that the Commission was under the impression that this was only to put in a pool and they are now talking about a drainage pipe and drainage easement. He states that if the applicant wants to d° that, they have to come back with more detailed plans. He states that they might need a full Notice of Intent and suggests that he speak to Debbie Hurlburt. Jay Donnelly states that he is not sure if the pipe there is the fight type and if they are planning on changing the runoff, they need to hire a professional engineer to make sure they will not be interfering with the wetland. The applicant states he is merely asking to install a pool. Paluzzi: Motion to gram a Negative Determination//3, seconded by Grimes. Motion carries 5-0. c. NEW: 4 CLIPPER WAY/SWANSON Jeff Swanson requesting approval for an above ground swimming pool measuring 12 feet x 24 feet or a 16 foot x 30 foot, located on Lot 18. (Presents photos). Grimes asks to identify the wetlands. Swanson points out the dark area in the back of the property. Chairman Lung states that he looked at the property and states that the area is dry 365 days a year and that there is no drainage issue back there. He states that the water there is what is draining from Rte. 128. He states that he did not see it as wetlands. He states that the wetland system is 30 feet from the edge of the pool. Chairman asks for que~ions. Jay Donnelly asks if there will be any cutting of trees, to which the applicant responds no because this is all open space. Chairman asks for questions. Being none, asks for a Motion. Paluzzi: Motion to grant a Negative Determination #3, seconded by Johnson. Motion carries 5-0. d. NEW: 25 CRESCENT AVENUE/MORSE Charles Morse is requesting permission to place an addition to t!,e house on the street side next to the river. page six therefore there is nothing to exempt him. She states that there be no work within 200 ft. of the highwater mark, and therefore she feels he does not meet the exemption criteria. Chairman Lang states that he needs to file because of the Rivers Act and that most people that are within 50 ft.,file for a Notice of Intent. Debbie Hurlburt states that she is not sure that he is looking for an exemption and that he could request a Determination of Applicability with conditions. The Board has discussion as to what criteria must be met. Chairman Lang calls for a 5 minute recess. Chairman Lang reconvenes the hearing. Lang states that the State Regulations changed two things in the Determination of Applicability and that Mr. Morse is entitled to receive a Determination because he is outside 50 ft. He asks if he has gone before the ZBA to which the applicant responds in the affirmative and that the ZBA approved this plan. Lang asks for questions from the members. Paluzzi asks about materials from the excavation and the applicant states he will be taking it away. Lang questions if he will be starting this summer to which the applicant states yes. The applicant states he does not think there is any ledge and that he has an existing foundation. Paluzzi asks if he is taking out the driveway to which Morse responds that he is replacing it with a smaller section to make enough area for two cars. Grimes asks what is between the back of the house and the river to which Morse responds that it is mowed grass and they he will not be touching anything in the rear of the house. Chairman Lang asks for questions from the members and the public. Scott Houseman, 27 Appleton Ave. and member of the ZBA, states he is confirming that the applicant had been before the ZBA and that the ZBA granted his request because there was no other place to put the addition,which put a hardship on the petitioner. Paluzzi: Motion to grant a Negative Determination 2, incorp- orating the Standard Conditions,seconded by Donnelly. Motion carries 4-1. Grimes opposed. e. MCPHERSON DRIVE/BASS MAVEN YACHT CLUB Scott Houseman, Esq., 15 Front St.,Salem, and Member of the ZBA states that the Yacht Club is located behind the Super Stop & Shop on Elliott St. He states that there are three structures within 5 ft. of the high water line and that will be used for storage. They will be taking down these structures and replacing page seven them outside the 100 ft. buffer zone. The exact location is yet to be determined. He states that the three structures will be replaced by one structure; that this proposal is exempt under Sec. CMR 10.586 (6.5). He states that the sheds to be removed are about 500 sq.ft. (28 x 16); with about 850 sq.ft. of impervious surface. States that the Bass River Yacht Club has a walkway to the rivers. Paluzzi questions the dirt floors on the buildings and if there is any oil under the buildings to which Houseman responds they do not expect it because they have been used for many years and not experienced any. Grimes discusses whether this is exempt from the Rivers Act to which Houseman explains that it talks about uses accessory to single family homes and this proposal is merely to remove three sheds and replace with one shed. Jay Donnelly questions the walkway along the river and if it will be improved to which Houseman responds that they will not be changing the walkway. Houseman states that the plan was prepared in 1995 as part of the club purchasing from Black & Decker. He states that there is a pumping station there which was permitted by the Board several years ago. Chairman Lang asks for questions from the Commission and the public. Mr. Robert Perone states that this is called Jacob Point Landing and wants the Commission to understand it is a public landing and that there is a sign which reads "keep out". He questions why the sign is there at the public landing and would like the sign taken down because it is public land. Debbie Hurlburt Houseman states the sheds. will check as to who placed the sign there. that it will take about half a day to take down Paluzzi: Motion to issue a Negative Determination of Applica- bility #2, using the Standard Order of Conditions and that the maximum size of the new structure be 24x36 and that the soil under the three sheds be checked,seconded by Donnelly. Motion carries 4-1. Grimes opposed. 3. Paluzzi: Motion to recess for Public Hearing, seconded by Grimes. Motion carries 5-0. 4. NOTICE OF INTENT: a. CONT: 3 MORGAN'S ISLAND ROAD/DIONNE Pat Grimes recuses herself from discussion on this matter. Chairman Lang states that the applicant is working with the page eight DEP (Reads letter from the applicant requesting an extension of time). Paluzzi: Motion to extend the time to June 29,1999, seconded by Johnson. Motion carries 4-0-1. Grimes recused. b. 218 HJ~RT STREET/WELLES Chairman Lang reads letter from the applicant requesting a continuation to July 20, 1999. Johnson: Motion to continue to July 20,1999, seconded by Donnelly. Motion carries 5-0. c. ~. P. HENDERSON RD/T. FORD CO. Chairman Lang recuses himself from discussion on this matter. Vice-Chairman Paluzzi reads letter from the applicant that the matter be removed and extended to June 29, 1999. Johnson: Motion to continue the matter to June 29, 1999, seconded by Grimes. Motion carries 4-0-1. Lang recused. d. 940-942 ~/tLE S~'REET/BLOMBERG Chairman Lang reads request for Leave to Withdraw Without Prejudice. Debbie Hurlburt states that this application has been pending for well over a year and asked the applicant to ask to withdraw this proposal and if he planned to pursue the project with the Commission, at that time he could resubmit. Paluzzi: Motion to accept the request for Leave to Withdraw Without Prejudice, seconded by Donnelly. Motion carries 5-0. e. 28 PAINE AVENUE/INGRAM Ms.Mary Rimmer of Rimmer Environmental explains what materials will be used for the swale and shows a cross-section as was requested by the Chairman. She states it was forwarded to Debbie Hurlburt. Chairman asks if there are any questions. Being none Chairman Lang asks for a Motion. Paluzzi: Motion to close the public hearing, seconded by Donnelly. Motion carries 5-0. f. STANDLEY STREET/CITy OF BEVERLY_ Frank Killilea states that the City has engaged Shawn Scully, Project Engineer from Beta Engineering for the Standley St. facility. He states that he was retained by the City to address page nine the wetlands filling. He shows the working plan to the Commission. He states that there is compost activity close to the wetlands. He states that the last time they discussed bringing a water line in, then relocated the existing compost area. The existing operation is around ground water at elevation 100. They plan to relocate the compost location up 3.5 ft. above ground water; and are installing hay bale silt fence. He states there has been a problem with odors. All the piles within the 100 ft. buffer are removed and another pile is to be removed by the contractor, which will reduce the odors and they would like to excavate 1/2 acre. Mr. Scully states they are bringing a water line with hydrants to allow the city to water down and keep ordors down. He is asking for an Order of Conditions to do the work. Finally, they are proposing a vegetated buffer strip 30 ft. wide to allow buffering of the wetland area. Grimes asks if they are taking fill out of the wetland area to which Killilea responds in the affirmative. He statesthat this area is tree stump material and debris; in removing the debris, it will restore quickly; that they want to get the piles more manageable. Chairman Lang asks if the plan is to stop when it is all delineated, to which Scully responds that the stagnent material there can be managed. Scully states that this area will have stumps also. Killilea states that no stumps are being removed yet. He states that when the city was operating this, this was where they were piling the stumps. Grimes asks if this is a final plan to which Scully responds yes. Donnelly asks how the city will go about staying within the boundaries, to which Scully responds that the only area of concern will be clear; that it will be staked out by the city and that they will make sure the work is done per the Order. He states that the relocation of the compost is the responsibility of the contractor and the wetlands work will be handled independently. Donnelly asks if there should be an agreement between the city and the contractor to which Killilea responds that an amendment with the existing agreement can be added. He states that the work will be done very quickly. Donnelly states he is concerned with the control of the project. Killilea responds that JRM operated within the bounds set by thecity; that the intrusion of the wetland was by the city, therefore the city will restore the wetlands. Chairman Lang states that the map is that the Commission could state that compliance. He questions the height not an operating plan and they would have to be in of the piles. Paluzzi asks if the compost site is for the residents of the city to which Killilea responds that is privatized only and page ten Paluzzi asks about the traffic pattern coming in and around the guard shack and that he does not want people coming around the back. Scully states that they would like to do the work during the summer months when the weather is dry; that they would have a dewatering basin and wants to dig test holes probably 4-5 ft. down. He will provide details. Rene Mary asks what percentage of the people are from out of town to which Sc~lly responds they don't have figures. John Newberry - questions the compost area and hazardous material and states that water will be going into the wetland and these materials will move down to the wetland. Scully states that these materials appear to have been there since the 50's because it was a metal disposal area. John Murray, Councillor asks when the stumps will be removed to which Killilea states he has no date as yet. Paluzzi: Motion to close the public hearing, seconded by Donnelly. Motion carries by 5-0 vote. g. 17 LANDMRS DRIVE/CARNEVALE Dan Carnevale is present and states that he filed a Notice of Intent in 1997. He states he had a meeting with the Conservation Commission agent. The Notice of Intent was filed and it states that the pool is 3 ft. deep by 6 ft., that there will be no diving board. He presents photos. He states that the pool installation will have hay bales and silt fence around it; that he will be removing all material from the property; that there will be no stockpiling. He states that Mr. Lang and Debbie Hurlburt have been on the property. Chairman Lang states there was a closing on the property'two years ago and the project was held up because the plot plan that the Commission had showed filling had taken place. Mr. Lang refers to aerial photos and compares it to the existing 2200 sq.ft. where filling had occurred. Mr. Carnevale states that the previous owner had done this and there is now 2000 more feet of wetlands that compensates for that. Carnevale states that he will control erosion into the wetlands; that the lawn is 6 ft. and does not think there is water at that level. Donnelly is concerned about what provisions have been planned for discharging solids. Lang responds that it could be two 55 gallon drums; that clear water is coming out of the second drum, or hay bales on the perimeter. Chairman Lang asks for further questions from the public. page eleven Grimes: Motion to close the public hearing, seconded by Paluzzi. Motion carries by 5-0 vote. h. 17 BAYVIEW AVENUE/ARGEROS Robert Griffin, from Griffin Engineering states that the house in question is 2000 sq.ft. and the applicant is planning a minor addition and a stairway. There is a deck on the west side that will be replaced with a porch. It will be 5 to 10 ft. further than the existing decking. He points out the wetland resource area and the rocky beach. He states that they will be building a new retaining wall. He states that 4 to 5 years ago a Notice of Intent was filed to install a pump housefor the sewer installation. He states that the photos included in the Notice of Intent show the house and the pump chamber. The proposed addition is at elevation 17 ft.a minor increase in flood storage capacity. Chairman asks for questions from the members and the public. Griffin states that there will be garage space under the deck; that there will be wooden posts and will have 150 yds. of excavation. There will be a paved driveway and will have drain inlets, and catch basins. He states that he is following DEP guidelines and this type of driveway was necessary to avoid icing. When questioned about trees being removed he stated that some of them are small and will be eliminated and that he will have plantings around the house. He states that he might install a 4 ft. diameter pump station. The new retaining wall will be 8 ft. with a 3-5 ft. railing. Donnelly: Motion to close the public hearing, seconded by Paluzzi. Motion carries by 5-0 vote. 5. OLD/NEW BUSINESS a. MODIFICATION REQUEST/NICOLE AVENUE/DEP FILE #5-536/ CARNEVALE Mr. Thomas Carnevale states that he is looking to relocate the proposed house further to the Town of Wenham boundary. Hurlburt states that the Commission has received the approved footprint. Carnevale states that he is relocating the house because he can't fit the house with the setbacks because he has enlarged the house. He states that the elevation and grade are 71 to 72 ft., that the garage would enter from the west. He states that there will be an area paved enough to get the car in and out. Chairman Lang states he is concerned with the contour of the building, how filling in the area in the back will be, to which page twelve Carnevale states he will be grading back to the wall. Grimes is concerned about the major changes in this plan from what was originally proposed. Donnelly wants more information on the proposed elevations for the Commission to work with. Chairman Lang questions the setbacks and the grades and would like more information for the next meeting. He requests the applicant make adjustments and show the driveway on the plan. Donnelly: Motion to continue the hearing until June 29,1999, seconded by Grimes. Motion carries by 5-0 vote. b. MODIFICATION REQUEST/175 WEST STREET/DEP FILE ~5-570 Robert Lynch, Engineer for the project states that this is the same plan as before; that they want to move pillars back to the arborvitae trees. He states that they want to pave the driveway which will be crushed stone which will replace the gravel drive. He states that run-off from the driveway could be managed better which is running off into the tidal area. Donnelly expresses concern of erosion. Lynch states there will be none because it slopes inward and heads to the catch basin. They intend to have water run to one side. He states that the septic system is in there already so that water will not have an impact on the septic system. Chairman Lang asks for questions. Paluzzi: Motion to allow the request, seconded by Johnson. Motion carries by 5-0 vote. c. MODIFICATION REQUEST/8 BIRCHWOODS DRIVE/DEP FILE ~5-562 Jack Rivers, Trustee of Birchwoods Trust (Peter Zani, Builder). Mr. Rivers refers to Lot 8 which has significant modifications,Cond. #20 requires coming back to show the footprints,He states that the plan before them shows the house being moved approximately 10 ft. to the west. He states it is no closer to the wetlands which are to the rear. Mr. Rivers states that the first floor elevation will be the same and they are looking to moving the driveway. He states that moving the house to the west places it within 90 ft. of the bordering wetlands. He states that the 4 ft. wall to the rear will be extended and is shown on the plan. Paluzzi questions if there is an increase in the impervious area to which Rivers responds that they are 496 ft. short of the impervious ar~a allowed under the Order. He states it includes the new footprint and the change in the driveway. He points out to the left of the lot that there is a driveway and easement area; stating that the driveway will go across the lot. Donnelly: Motion to approve the request for modification, page thirteen seconded by Paluzzi. Motion carries 5-0. MODIFICATION REQUEST/BIRCh]WOODS SUBDIVISION/ DEP FILE {5-858 Jack Rivers, Trustee states that they did not know it was up and asks if the Commission would like to discuss anything. Debbie Hurlburt gives the plan to Jack Rivers showing the sewer extension on Cross Lane. (Lang reads letter). Rivers states that the Order of Conditions is the same as it relates to the surface work. It had been approved by the Planning Board when they approved the original subdivision on the sewer. States the original approval allowed using a station with a forced main. The City wanted a gravity sewer and the City Engineer and planners agreed to go for a gravity sewer to be installed across Cross Lane, and in return the Planning Board allowed a modification within the subdivision and they were able to eliminate the sidewalks in one area. He states that it abuts the wetland on one side. The only difference is that it has a slightly different location of the paving on the street. Hay bales and silt fence will be placed as ordered. They felt they could live with the existing Order of Conditions and again are asking for this small modification. They will tie in the gravity line and then the Summit manhole would end; they will go internally in the subdivision. He states that everyoneon the west side of Cross Lane will be on a gravity sewer system and on the east side they will have a gravity sewer. States that it will be the same alignment. Paluzzi: Motion to approve the request for the Modification, seconded by Johnson. Motion carries by 5-0 vote. f. DISCUSSION RE: SALEM/BEVERLy WATER SUPPLY BOARD ISSUE Chairman Lang reads letter from Thomas Knowlton of the Salem Beverly Water Supply Board. Lang suggests that two members of the Commission go to the next meeting of the Water Board. The meeting will be held on June 8, 1999. Debbie Hurlburt will notify the members of the Commission. g. NEW DRAFT ORDER OF CONDITIONS Debbie Hurlburt will be incorporating all Conditions into one document. She has made a set for Wetlands Replications for adoption. The Commission defers the matter to another meeting of the Commission. h. OTHER 1. 12 EV]ELYN ROAD/POOL Debbie Hurlburt states that she has received a letter from the residents of 12 Evelyn Road who want to install a pool 75 ft. from the back of the pond which under the new DEP policy, does page fourteen not require a filing with the Commission. They are requesting approval of the pool which is needed for medical problems.The pool will have a sand base and will be fenced in. It will be 57 ft. to one location and the front has 96 ft. It will be an above ground pool. Paluzzi: Motion to approve the request with the condition that hay bales be placed appropriately, seconded by Johnson. Motion carries by 5-0 vote. 2. BESTMAN GREEN SYSTEM Debbie Hurlburt reads letter from Bestman. He states that he would like to appear at the next meeting to discuss leasing some Commission property. The members discussed this and did not feel it was an appropriate use. Debbie Hurlburt will send a letter stating the Commission is not interested. Paluzzi: Motion to send letter, seconded by Donnelly. Motion carries by 5-0 vote. 3. SCOTT THOMPSON Debbie Hurlburt states that she received a complaint regarding Scott Thompson dumping sand on the beach. Debbie Hurlburt reads a letter from Mr. Thompson responding to his bringing in clean gravel and dumping it on the beach. Chairman Lang states that the Commission should visit the site and will table the matter until after the site visit.Chairman Lang suggests that an Enforcement Order be issued that no further work is to be done. Johnson: Move to issue Enforcement, seconded by Paluzzio Motion carries by 5-0 vote. i. MACC YEARLY DUES Debbie Hurlburt states that the Commission has received its annual dues bill. Paluzzi: Motion to appropriate $225 as dues to MACC,. seconded by Johnson. Motion carries 5-0. 6. APPROVAL OF MINUTES a. April 8, 1999 May 4, 1999 Tabled to next meeting. ORDER OF CONDITIONS a. 28 PAINE AVENUE/INGRAM Paluzzi: Motion to issue Standard Commission Conditions, seconded by Grimes. All members in favor. Motion carries. page fifteen b. STANDLEY STREET/CITY OF BEVERLY Paluzzi: Motion to issue Standard Order of Conditions and the condition that the buffer zone between the compost area and the wetland area be 30 ft. from the wetlands; 2) a dewatering detail be sub- mitted and approved by the Commission for the excavation; 3) tree stumps off-site by 6/29/99; 4) the operations plan submitted to the Con Com will also be adhered to; 5) wetlands replication will be revegated by 11/30/99; 6) applicant shall define limit of work area; stake out prior to work. 7) all compost activity will cease and no equip- ment is allowed in the existing area where compost is currently stored to the west and east of the new compost facility; and 8) applicant must submit revised plan prior to activitieSseconded by Grimes. · .I1 members in favor. Motion carries 5-0. c. 17 LANDERS DRIVE/CARNEVALE Paluzzi: Motion to issue Standard Order of Conditions, seconded by Donnelly. Motion carries 5-0. d. 17 BAYVIEW AVENuF-/ARGEROS Donnelly: Motion to issue Standard Order of Conditions, and that shrubs and bushes be planted around the perimeter of the house, seconded by Grimes. Motion carries 5-0. ADJOURNMENT: The meeting was adjourned at 11:15 p.m.