1995-10-24CONSERVATION COMMISSION
8EVERLY, MASSACHUSETTS
MINUTES OF OCTOBER 24, 1995
MEETING CALLED TO ORDER @ 7:45 P.M.
MEMBERS PRESENT:
CHAIRMAN VINNIE COTREAU
VICE CHAIRMAN, DAVID LANG
GLENN TERRY
CLAYTON SMALL
DR. MAYO JOHNSON
TONY PALUZZI
ACCEPTANCE OF MINUTES MOTIONED BY GLENN TERRY AND SECONDED BY
DR. MAYO JOHNSON.
ALL IN FAVOR.
PUBLIC HEARING SESSION
MOTION TO RECESS MADE BY TONY PALUZZI AND SECONDED BY
DR. MAYO JOHNSON.
ALL IN FAVOR.
FIRST PUBLIC HEARING
NOTICE OF INTENT FILED BY SAM JABER @ 65 GROVER STREET
PROJECT: LANDSCAPING.
PLANS TO LEVEL THE BACKYARD AREA AND TO CREATE A BUFFER ZONE
BETWEEN THE WETLANDS AND HIS HOUSE. ALSO, TO ENCOMPASS ANAREA OF
1000 SQUARE FEET.
GLENN TERRY ASKED HAS THIS ALREADY BEEN DONE. AND REFERRED TO
DATES OF MAY AND JONE ON PLANS SUBMITTED. ALSO QUESTIONED PART
THAT HAS BEEN DONE. AND ARE THE PLANTS IN THE BUFFER ZONE.
JABER - STATED THAT ONLY THE PLANTS ARE IN THE BUFFER ZONE NOT THE
FILL.
TONY PALUZZI - QUESTIONED WILL THERE BE MORE PLANTS AND MORE FILL.
JABER - WILL USE LOAM FROM THE FRONT YARD TO LEVEL THE AREA IN THE
BACK.
THE CHAIRMAN REQUESTED THAT THE APPLICANT IS TO SET UP A NEW ROW OF
HAY BALES AS SOON AS POSSIBLE.
DAVID LANG MOTIONED TO CLOSE THE HEARING AND DR. MAYO JOHNSON
SECONDED THE MOTION.
ALL IN FAVOR.
RECONVENE MOTIONED BY DR.
SMALL.
MAYO JOHNSON AND SECONDED BY CLAYTON
ALL IN FAVOR.
REQUEST/DETERMINATION/APPLICABILITY
PHILLIPS REALTY TRUST 100 GROVER STREET
PROJECT; UTILITIES 6-LOT SUBDIVISION.
SOUTHERLY SIDE OF GROVER STREET.
LOTS 3-8
REPRESENTING, ATTY. TOM ALEXANDER AND PAUL SOMMERS.
SOMMERS ENVIRONMENTAL IN WAKEFIELD.
THERE ARE NO WETLAND PLANTS AROUND THE DITCH. THE AREA IS NOT A
WETLAND AND THE APPLICANT IS LOOKING FOR A DETERMINATION TO THAT
EFFECT.
DAVID LANG - WHAT IS THE DITCH USED FOR.
PAUL SOMMERS - IN CONSTRUCTING THE POOL, IN REGARDS TO THE HOUSE,
THERE WAS A PROBLEM WITH SURFACE DRAINAGE. THE DITCH IS 2-3-1/2'
DEEP. THE OWNER HAS DEVELOPED A "Y" DITCH AT THE BACK OF THE
PROPERTY. THERE IS NO INDICATION OF A RESOURCE AREA, ETC.
DAVID LANG - AGREES THAT IT DOES APPEAR LIKE A DRAINAGE CONTROL.
DR. MAYO JOHNSON MOTIONED FOR A NEGATIVE DETERMINATION AND TONY
PALUZZI SECONDED THE MOTION.
ALL IN FAVOR.
REQUEST/DETERMINATION/APPLICABILITY
PHILLIPS REALTY TRUST
GROVER STREET LOTS 1 - 3 BOUNDARY DETERMINATION.
PRESENT: ATTY. TOM ALEXANDER AND PAUL SOMMERS OF
SOMMERS ENVIRONMENTAL IN WAKEFIELD.
THERE IS A STEEP GRADE - CHANGE OF GRACE BETWEEN THE UPLAND AND THE
RESOURCE AREA. IDENTIFIED THE EDGE OF THE BORDERING VEGETATED
WETLANDS USING VEGETATION.
DAVID LANG - QUESTIONED THE HYDRAULIC SOULS.
PAUL SOMMERS - THE AREA UPGRADIENT, SLIGHTLY AS TO WHERE THE
HYDRAULIC SOULS COULD BE FOUND. HE STAYED WITH THE VEGETATED LINE
AND NOT TO MOVE IT. BOTH FLAGGEDAND ASSESSORS MAPS DONE IN APRIL
14, 1995, DONE PRIOR. SET BY THE REGULATIONS ALREADY IN EFFECT.
THE CHAIRMAN IS UNCOMFORTABLE WITH THE FLAGGING AND THE SITE BY THE
ROAD. THEREFORE, A SITE VISIT IS IN ORDER.
GENERAL PUBLIC
RENEE MARY 274 HALE STREET STATED THAT SHE WALKED THE SITE WITH
THE PLANNING BOARD AND QUESTIONED THE AREA BELOW BEING AFFECTED.
THE CHAIRMAN EXPLAINED THAT THE APPLICANT IS HERE NOW ONLY FOR A
DELINEATION OF THE WETLAND BOUNDARY.
THERE ARE 2 LOTS THAT ARE A DISTANCE FROM THE WETLANDS THAT WOULD
NOT REQUIRE A FILING. THE THIRD LOT MIGHT REQUIRE A FILING.
COUNCILOR MURRAY WARD 6 - WAS ALSO PRESENT AND QUESTIONED
SOMETHING PERTAINING TO THE PLANNING BOARD.
THE CHAIRMAN - THE FLOOD MAPS SHOULD BE CHECKEDAND THEN TO GIVE US
THE INFORMATION.
SITE VISIT - SUNDAY NOVEMBER 5 @ 11:00 A.M.
TO MEET AT THE SITE.
THIS REQUEST IS CONTINUED FOR OUR NEXT MEETING: NOVEMBER 14TH.
DISCUSSION - DUNHAM ROAD NEW SITE PLAN SUBMITTED RE: CHANGE.
APPLICANT IS SEEKING A MODIFICATION OF THE ORDER OF CONDITIONS.
2 DIFFERENCES - PARKING LOT MOVED - NORTHWARD ON THE SITE.
THE DETENTION AREA MOVED SLIGHTLY TO LESSEN THE INVOLVEMENT OF THE
WETLANDS. MINOR MODIFICATION - AUGUST 1995.
DAVID LANG - QUESTIONED THE NEIGHBORS KNOWLEDGE OF THIS CHANGE.
TOM ALEXANDER - YES THEY HAVE BEEN NOTIFIED.
DAVID LANG - QUESTIONED THE SIZE OF THE PARKING AREA.
TOM ALEXANDER - THE IMPERVIOUS COVER IS LESS. THE ACTUAL DESIGN IS
MORE EFFICIENT. THE LAST DESIGN HAD MORE FLOW THROUGH THE AREA,
NOW IT IS LESS WIDER THAN BEFORE.
COUNCILOR COUGHLIN - QUESTIONED THERE IS NOTHING SUBSTANTIAL IN
CHANGE?
TOM ALEXANDER - NO.
COUGHLIN - ANY EFFECT ON PERSONS BEHIND - DUNHAM CASTLE AREA.
TOM ALEXANDER - NO.
DAVID LANG - HAS THE STORAGE AREA BEEN ENLARGED, SAME CAPACITY?
TOM ALEXANDER - IT IS SLIGHTLY LARGER AND HAS BEEN MOVED.
THE CHAIRMAN- QUESTIONED THE DETENTION BASIN IN THE PREVIOUS PLAN.
TOMALEXANDER - NO.
CLAYTON SMALL - RE: TO THE EXISTING 10" DRAINAGE - IS IT CLOSED
OFF, ALSO, WILL ALL THE WATER BE RE-ROUTED?
RECESS AT THIS TIME, WAITING FOR PETER OGREN.
ORDER OF CONDITIONS FOR SAM JABER 65 GROVER STREET
DAVID LANG MOTIONED FOR STANDARDS AND THAT THE HAY BALES BE
INSTALLED AS REQUESTED BY THE CHAIRMAN. DR. MAYO JOHNSON SECONDED
THE MOTION.
ALL IN FAVOR.
ALSO, AT THIS TIME, THE NEGATIVE DETERMINATION/100 GROVER ST.
LOTS 3-8, RE: UTILITIES, WAS SIGNED.
BACK INTO SESSION - 8:40 P.M. PETER OGREN ARRIVED.
DISCUSSION - DUNHAMROAD - PETER OGREN EXPLAINED THE NEW SITE PLAN.
TO ELIMINATE I ROW TO BE TAKEN OUT OF THE WETLAND AREA, NO
REPLICATION. TO HAVE A LITTLE SPILLING BASIN BEFORE THE ACTUAL
DISCHARGE.
DAVID LANG - QUESTIONED A SOILS INVESTIGATION.
PETER OGREN - NONE HAVE BEEN DONE.
IF ANY, THEY WOULD BE AT THE FLATTEST BOTTOM OF THE AREA.
THE AREA IS NOT A TYPICAL WETLAND.
DAVID LANG - YOU ARE TRYING TO STAY OUT OF THE BORDERING VEGETATED
WETLANDS, RE: THAT IT DRIES UP AND HE HAS A PROBLEM WITH THAT. RE:
TO THE 10" DRAIN-COULD STILL PUT THROUGH A 12" PIPE.
PETER OGREN - WE COULD DO A SPLIT PIPE, METHOD TO SPLIT THE FLOW.
CLAYTON SMALL - WHY GO FROM A 10" TO A 12", IF THERE WOULD BE NO
INCREASE IN THE IMPERVIOUS AREA.
PETER OGREN - WE COULD JUST ELIMINATE THE 10" COMPLETELY. THE 12"
IS THE ABSOLUTELY MINIMUM PIPE SIZE FOR DRAINAGE.
DAVID LANG - AN 18" PIPE WAS ON THE ORIGINAL PLAN WITH PARSONS
ENGINEERING.
CLAYTON SMALL - RE: THE CURRENT ELEVATION, AND THE HOLDING AREA,
PROPOSED DETENTION BASIN, TO EXPLAIN WHERE IS THE ELEVATION AND IS
THAT ELEVATION THAT WOULD OVERFLOW THE ROAD.
PETER OGREN - LOW GRADE - 93.45 WOULD OVERFLOW THE ROAD
CLAYTON SMALL - AT THE CURRENT CAPACITY, WHAT IS THE TOTAL FLOW NOW
PETER OGREN - DEPTH 90' - 2' WOULD HOLD 2 HUNDREDTHS OF AN ACRE
FOOT, A VERY SMALL AMOUNT.
WOULD LIKE TO HAVE A POSITIVE CONNECTION, THE STATE WANTS BMP.
THERE IS THE POSSIBILITY OF FUTURE EXPANSION. NOW THE FLOOR
ELEVATION IS AT 94' WITH AN INVERT OF 98'. TO DISCHARGE DIRECTLY
INTO THE BASIN.
DAVID LANG - RE: ANOTHER CATCH BASIN IN ORDER TO GET A MINIMUM
FLOW.
PETEK OGREN - WE COULD ALSO PUT IN A GAS TRAP,.
CLAYTON SMALL - IS NOT IN FAVOR OF THE CHANGE.
IT COULD BE DESIGNED BETTER TO HAVE MINIMUM IMPACT ON THE AREA, WHY
NOT USE THE SAME HOLDING AREA, COULD PUT A BERM IN. THIS DETENTION
BASIN LOOKS THE SAME AS THE ONE IN MAPLEWOOD VILLAGE (STAGNANT
BOTTOM).
PETER OGREN - THE STATE WANTS TO SEE A BMP RE: TO JULY 18TH LETTER
WITH COMMENTS BY THE STATE.
RE: TO STORAGE VOLUME AND THE FIRST FLUSH, IT WOULD TAKE THE
PERMANENT SOLIDS.
CLAYTON SMALL - RE: TO AN INTERMITTENT STREAM THAT IS ALREADY
THERE, WHY NOT CONTINUE WITH THAT.
PETER OGREN - THE AREA IS NOT A NATURAL WETLAND AND IT IS AN
EXTREMELY MARGINAL WETLAND. THE CHANNEL GOES NOWHERE. AN 8%
GRADE. THE FLOW COMES DOWN THE CENTER CHANNEL.
GLENN TERRY - WE HAVE ALREADY BEEN THROUGH THIS ONCE BEFORE.
PETER OGREN - PREVIOUSLY WE DID NOT HAVE A WETLAND EXPERT.
GLENN GERRY - RE: TO THE ORIGINAL DESIGN ON THE OTHER SIDE, WHERE
IS THE POTENTIAL PARRING LOT TO GO.
THE CHAIRMAN GOT UP AND WENT TO THE PLAN AND HE SUGGESTED TO PUT
THE CATCH BASIN AT THE HEAD OF THE AREA AND TO PLANT AROUND IT.
PETER OGREN - THAT IS A POSSIBILITY/A COMPROMISE COULD KEEP THE
GRATE IN THE STREET AND IT WOULD NOT OVERFLOW.
DAVID LANG - MOTIONED TO APPROVE THIS DESIGN ND TONY PALUZZI
SECONDED THE MOTION.
GLENN TERRY - WANTS TO SEE ALL THIS ON THE PLAN BEFORE APPROVAL.
DAVID LANG - AGREES WITH GLENN TERRY - SUGGESTED THAT THE CHAIRMAN
IS TO OVERSEE THAT THE PLANS ARE PROPERLY SUBMITTED.
ALL IN FAVOR.
CLAYTON SMALL - IN OPPOSITION.
PETER OGREN - TO DROP OFF THE REVISION IN THE DPW OFFICE TO THE
CLERK.
DISCUSSION AIRPORT ROAD
ENFORCEMENT ORDER SENT.
PETER OGREN REPRESENTING.
THE FONZOS' ARE HIS CLIENT. THEY OWN 2 BUILDINGS IN DANVERS NOW.
AND THEY PLAN TO MOVE THE 2 DANVERS FACILITIES AND TO COMBINE A
THIRD INTO THE BEVERLY SITE.
DAVID LANG LEFT AT THIS TIME.
RE: THE TESTING AND THE TEST HOLES DONE SIX WEEKS AGO.
PETER OGREN HEARD ABOUT THIS ONLY LAST THURSDAY. ANY CLEARING IS
ASSOCIATED WITH THE AIRPORT PROJECT/FENCE WHICH WAS APPROVED LAST
SPRING BY THE COMMISSION. THE WETLANDS ARE ALL FLAGGED.· THE 5
HOLES APPEAR TO BE IN THE BUFFER ZONE, 300' FROM THE BORDERING
VEGETATED WETLANDS. SOLID ROCK EXISTS UP ON THE HILL. GRASS IS
ALREADY GROWING, THE AREA IS ALL EVENLY COVERED AND LEVELED OFF.
THE AREA OF DISTANCE - 20' WIDE AND 50' LONG. DISTRIBUTED WELL
OUTSIDE THE BUFFER ZONE. THE HOLES WERE DONE TO DETERMINE LEDGE
AMOUNT, THE HOLES HAVE ALL BEEN BACKFILLED.
CLAYTON SMALL - RE: NO PLAN FOR A ROAD.
PETER OGREN - NO DEFINITIVE PLAN SUBMITTED TO THE CITY AS YET.
GLENN TERRY - THOUGHT THE CITY WAS BUILDING THE ROAD.
PETER OGREN - IT WILL BE A JOINT VENTURE IF DONE.
TOMALEXANDER - A STATE GRANT/NO INTEREST LOAN IS TO BE PARTIALLY
FUNDED FOR THE REST OF THE ROAD, TO GO INTO THE CITY'S COMMUNITY
DEVELOPMENT REVOLVING FUND.
CLAYTON SMALL - CONCERNS: STAKES, CENTERLINE, TEST BORINGS.
THEN REFERRED TO THE SECOND TEST PIT, QUITE A BIT OF DISTURBED
AREA, 4' SQUARE, AND SANDY ON TOP.
PETER OGREN - IT IS ALL GROWN OVER NOW.
CLAYTON SMALL - RE: USING A HAND AUGER VS. HEAVY MACHINERY. THE
BOARD SHOULD BE NOTIFIED.
PETER OGREN - AGREES THAT THE MACHINE WAS LARGE.
CLAYTON SMALL - WE REQUIRE MONITORING WELLS AND IN A BUFFER ZONE
THAT AT LEAST A REQUEST FOR A DETERMINATION SHOULD HAVE COME BEFORE
US.
PETER OGREN EXPLAINED THE REASON FOR THE TEST HOLES, FOR
ALIGNMENT FOR THE ROAD, NOTHING OTHER THAN HAND CLIPPING WAS ·DONE
TO GET THROUGH THE CLEARING.
GLENN TERRY - THIS IS A SENSITIVE AREA, YOU SHOULD HAVE TAKEN THE
TIME TO NOTIFY THE COMMISSION, YOU SPENT TIME DOING CLIPPING BY
HAND.
PETER OGREN - APOLOGIZED.
GLENN TERRY - EVEN ON MAC ARTHUR ROAD AND ON THE OTHER SIDE OF
CHERRY HILL, PEOPLE ARE CONCERNED, ESPECIALLY IN A SENSITIVE AREA
SUCH AS THIS. IF YOU ARE IN A BUFFER ZONE, YOU WILL GET BLAMED FOR
"ALL OF IT".
THE CHAIRMAN QUESTIONED A TIME TABLE RE: THE ROAD DESIGN.
PETER OGREN - HAS NO ANSWER NOW.
TOM ALEXANDER - DECEMBER/JANUARY TO COME BEFORE US.
COUGHLIN - IS THE PROPERTY LANDLOCKED. AND HOW WILL THE EQUIPMENT
GET THERE.
PETER OGREN - THE FONZOS' OWN THE LAND, THERE IS AN ENTRANCE FROM
TRASK LANE. THEN DISCUSSION RE: THE GRANT/$25,000.
COUGHLIN STATED THAT THE PEOPLE'S CONCERNS IS NOT KNOWING WHAT IS
GOING ON.
THE CHAIRMAN - RE: TO THE BOARD'S CONCERNS AND THAT IS THE BUFFER
ZONE.
WITH THIS, DR. MAYO JOHNSON MOTIONED TO ADJOURN AT 9:45 P.M. AND
TONY PALUZZI SECONDED THE MOTION.
ALL IN FAVOR.
MARIE S. COTREAU/CLERK