1995-07-18B ERLY CONSERVATION
MINUTES OF JULY 18, 1995 MEETING
MEMBERS PRESENT
CHAIRMAN VINNIE COTREAU
VICE CHAIRMAN-DAVID LANG
CLAYTON SMALL
NANCY LODGE
TONY PALUZZI
GLENN TERRY
CALLED TO ORDER @ 7:45 P.M.
ACCEPTANCE OF JUNE 27, 1995 MINUTES - MOTIONED TO ACCEPT MADE BY
GLENN TERRY AND SECONDED BY TONY PALUZZI.
ALL IN FAVOR.
RECESS TO THE PUBLIC HEARING SESSION MADE
SECONDED BY DAVID LANG.
ALL IN FAVOR.
BY GLENN TERRY AND
FIRST CONTINUED HEARING DODGE ST./CONIFER WAY %5-494.
PRESENT, ATTORNEY TOM ALEXANDER. APPLICANT, JEFF BUNK.
SUBMITTALS WERE DISTRIBUTED TONIGHT AND EXPLAINED FULLY BY TOM
ALEXANDER THE CONTENTS. (ON FILE AND WITH PLANS ATTACHED.
REFERRED TO THE PLANNING BOARD DECISION AND TO THE BONDING AND THE
MONEY ALLOCATED FOR CONSERVATION LAND. ALSO, INCLUDED,
RESTRICTIONS MENTIONED AND MENTION OF FUTURE SEWERAGE HOOK UP IN
THE AREA, ETC.
DAVID LANG - ASKED ABOUT A LETTER TO ~PW COMMISSIONER.
TOM ALEXANDER - HAD NO KNOWLEDGE OF ONE SUCH LETTER.
GLENN TERRY - RE: LAND OFFERED TO THE CITY. ·
TOM ALEXANDER - NOT YET, HAVE NOTRECEIVED THE NECESSARY APPROVALS,
WAITING FOR THE PROCESS TO GO THROUGH.
GLENN TERRY - RE: TO ITEM 12 INTONIGHT'S SUBMITTAL ABOUT NECESSARY
SEWER BECOMING AVAILABLE TO DODGE STREET.
TOM ALEXANDER - YES, WITHIN 6 MONTHS, RESTRICTIONS ON LAND IN THAT
THE HOMES MUST HOOK INTO SEWER AS SOON AS IT BECOMES AVAILABLE.
DAVID LANG - RE: TO PETER OGREN LOCATING SEPTIC AND THE NEW TITLE
5 ON A PLAN. NOTHING SHOWS ON THE MAP NOW.
TOM ALEXANDER - STATED THAT: CANNOT GET A BUILDING PERMIT WITHOUT
COMPLYING WITH THE NEW TITLE 5.
JEFF BUNK - REALIZES THAT THE INFORMATION SHOULD HAVE BEEN HERE.
CLAXTON SMALL - RE: STORMWATER MANAGEMENT AREA WHEN CONSTRUCTING
THE HOUSES, THE APPLICANT MUST COME BEFORE US. THAT IS THE ONLY
THING IN THE BUFFER ZONE.
NANCY LODGE - RE: TO THE NEW TITLE 5, AND THAT IT STAKES UP MORE
SPACE, SO THAT LESS HOUSES CAN BE BUILT.
CHAII{MAN - ASKED ABOUT THE LOT SIZES.
TOM ALEXANDER - REPLIED: 32,000 AND 37,000 SQUARE FOOT LOTS.
GENERAL PUBLIC
RENEEMAR¥ - 274 HALE STREET - THIS HEARING SHOULD BE CONTINUED FOR
3 WEEKS, THERE IS NO IMPORTANT DATA NOW.
BRAD TANNEBRING OF 330 DODGE ST. - THERE IS NO pLAN SHOWING THE
PROPER HEIGHT OF THE RESERVOIR AND THE SET BACKS ARE MUCH DIFFERENT
THAN SHOWN TO THE PLANNING BOARD AND THE WATER BOARD.
TOM ALEXANDER - SUGGESTED TO CONDITION THIS IN THE ORDER OF
CONDITIONS AND THAT THE INDIVIDUAL LOTS TO SHOW THE SEPTIC SYSTEMS.
BUNK - EACH SEPTIC SYSTEM WILL BE DESIGNED TO SHOW EACH HOUSE.
GLENN TERRY - IS CONCERNED WITH THE WATER SUPPLY.
DAVID LANG IS CONCERNED WITH OUTSIDE OF THE 400' AND REFERRED TO
COMING BACK TO US. ALSO,THE STATEMENTS MADE BY PETER OGREN RE: THE
NATURE OF SOILS AND THE GRAVEL, IONS, ETC.
TOM ALEXANDER - RE: IONS, SALT A TERRIFIC DILUTION AND DISEASED
TYPE STUFF BEING AT AN ADEQUATE DISTANCE.
DAVID LANG - RE: TO THE NITRATES GOING UNTREATED AND NOT BEING
CHEMICALLY REACTIVE.
GENERAL PUBLIC
STANLEY HAGER OF 490 RANTOUL STREET- REFERRED TO RENEE MARY SAYING
THAT THIS HEARING SHOULD CONTINUE, NOW BEING WITHOUT SUFFICIENT
INFORMATION.
CHAIRMAN - ASKED THE WISHES OF THE BOARD?
GLENN TERRY - WANTS TO SEE APPROVALAND AS TO WHERE THE SEPTIC WILL
GO.
CLAYTON SMALL - IF THE SEPTIC IS DESIGNED SO POORLY AND NOT IN
COMPLIANCE WITH TITLE 5, WE COULD STOP THE WORK.
DAVID LANG - HOW WOULD WE KNOW? PROOF OF WHERE TO STORE WELLS WITH
NITRATES AND PHOSPHATES.
CLAYTON SMALL - IF THE DESIGN IS PROPER AND MEETS TITLE 5, THE
PROOF IS ON THE APPLICANT. THEY SHOULD COME HERE WITH THE DESIGN
RATHER THAN SUFFER FINES OF AN ENFORCEMENT ORDER.
CHAIRMAN - THAT IS IN THE REALM OF THE HEALTH DEPARTMENT~ WE COULD
CONDITION THAT. IF IT IS NEAR A WATER SOURCE, IT MUST PERK 5
MINUTES AN INCH, WE COULD REQUIRE 10 MINUTES AN INCH. WELLS ARE A
GOOD IDEA, IN CASE A PROBLEM ARISES. WELLS ARE COST EFFICIENT.
PIPE DRIVEN DOWN TO A WATER LEVEL.
DAVID LANG - IF THIS FAILS, WHAT WILL WE DO?
CHAIRMAN - WE HAVE THE REGS TO DO SOMETHING ABOUT IT.
DAVID LANG - COMMENTED ON ALTERING WATER QUALITY CHANGE.
NUTRIENTS, UNDILUTED WOULD FLOW TO THE RESERVOIR. THIS WOULD BE
DETRIMENTAL.
CHAIRMAN - THE PROOF OF THE BURDEN IS ON THE APPLICANT.
TOM ALEXANDER - FELT THEY ARE COMPLYING WITH TITLE 5 (PRESENT) AND
WOULD BE IN COMPLIANCE WITH THE WETLAND PROTECTION ACT.
THEN REFERRED TO CHABAGO LAKE AND HOUSES ON SEPTIC, WE ARE NOW
TALKING ABOUT A SMALL DEVELOPMENT AND A SMALLER DENSITY.
GENERAL PUBLIC
RENEE MARY OF 274 HALE ST. - IF IN THE FUTURE, THE HOMES ARE IN
VIOLATION, THEY COULD SUE THE CITY IF ANYTHING HAPPENS TO THEM.
CHAIRMAN TO THE BOARD- ASKED IF MORE INFORMATION WOULD BE REQUIRED
AND ALSO, TO CONTINUE THIS HEARING.
TOMALEXANDER - COMMENTED THAT ANY FURTHER BUILDING WOULD REQUIRE
SEWER AND ALSO REFERRED TO THE 4-YR. MORATORIUM ON ANY FURTHER
BUILDING AND THIS BEING A SMALL DEVELOPMENT.
DAVID LANG - WANTS THE BUILDER TO SHOW PROOF THAT THERE WOULD BE NO
IMPACT ON THE WATER SUPPLY. AND ALSO REFERRED TO THE SOILS AND THE
WRONG TYPES AND THE PERMEABILITY.
TOM ALEXANDER - THE COMMISSION COULD CONDITION THE PERMEABILITY.
DAVID LANG - WOULD RECONSIDER AND IF NO MORE HOUSES WOULD GO IN.
THE BANK WOULD NOT MAKE THE COMMITMENT.
TOM ALEXANDER - STATED THAT WE DO NOT CONTROL THE BANK.
COUNCILLOR - BILL COUGHLIN OF WARD 5 - STATED THAT HE IS AN
ADVOCATE OF OUR WATER SUPPLYAND IS DEPENDING ON THE BOARD TO MAKE
THE RIGHT DECISION IN REFERENCE TO THE SAFETY OF THE WATER SUPPLY.
TOM ALEXANDER - WANTS 5 - MINUTES TO TALK TO JEFF BUNK AT THIS
TIME.
THE COMMISSION MEMBERS STATED THAT PETER OGREN IS TO PROVIDE MORE
INFORMATION AT THE NEXT MEETING.
DAVID LANG - WANTS INFORMATION ON THE GROUNDWATER, WELLS THAT WILL
MEASURE FLOW AND THE TRAVEL TO THE RESERVOIR.
TOM ALEXANDER - THE APPLICANT WISHES TO CLOSE THE HEARING.
HEARING CLOSED.
SECOND HEARING AVALLON 7R OBER STREET/SEAWALL REPAIR #5-499.
CLAYTON SFa~LL - VIEWED THE SITE AND QUESTIONED THE AREA AND THE
WORK PROPOSED.
AVALLON - A BACKHOE WITH A GRABBER WILL BE USED. THERE ARE LOCUST
TREES AND THEY ARE STAYING THEY ARE HOLDING THE BANK IN PLACE.
TONY PALUZZI - ASKED WHAT TREES WILL BE REMOVED.
AVALLON - ALL THE JUNK TREES AND BRUSH.
CLAYTON SMALL - MOTIONED THE INFORMATION IS SUFFICIENT AND MOTIONED
TO CLOSE THE HEARING AND TONY PALUZZI SECONDED.
ALL IN FAVOR.
THIRD HEARING ESSEX COUNTY NEWSPAPERS DUNHAM ROAD
REPRESENTING, ATTORNEY THOMAS ALEXANDER
ALSO PRESENT, PROJECT MANAGER, NORRIS PIERCE.
CHAIRMAN - QUESTIONED THE RESTRICTED AREA AND THE LAND SUBJECT TO
FLOODING.
NORRIS PIERCE - THE AREA IS T.mSS THAN 1/4 AN ACRE FT,
CHAIRMAN - NEEDS CALCULATIONS TO BE EXACT.
NORRIS PIERCE - AREA NEEDS MORE SURVEY INFORMATION.
CHAIRMAN - ARMY CORP. PERMIT IS NEEDED.
THEY WILL HAVE TO MAKE A DECISION FOR THE NEXT MEETING.
CLAYTON SMALL - QUESTIONED WHY ARE YOU GOING WITH THIS PLAN.
NORRIS PIERCE - THIS WAY, IT IS LESS NOTICEABLE FROM THE STREET.
CHAIRMAN - THE ARMY CORP OF ENGINEERS ARE MORE LENIENT THAN THE
ACT.
HEARING CONTINUED AUGUST 15TH
FOURTH HEARING IT CORPORATION 150 SOHIER RD. STORAGE SHED.
REPRESENTING, LARRY NESBITT, ENGR.
THE ACTIVITIES. ARE NEAR A BROOK, A NUMBER OF WELLS WILL BE
INSTALLED. 3 WEn~.S - NORTHERN END OF SITE (CLUSTER). A PROPOSED
LOCATION IN THE PARKING LOT, ANOTHER NEAR BUILDING %3. BOTH SITES
AKE IN AN UPLAND AREA. ALSO, PROPOSING A STORAGE SHED. BUILT WITH
A SPILL CONTAINMENT AND WITH A CONCRETE SLAB BEING MOKE TO THE
NORTH END.
THERE ARE CULVERTS GOING IN AND OUT IN THE AREA.
CHAIRMAN - IS CONCERNED WITH THE ALTERNATE LOCATION, IT BEING
CLOSER TO THE WETLANDS. HAY BALES ARE TO BE PUT UP.
CHAIRMAN - ASKED WHAT TYPE OF BUILDING.
NESBITT - STEEL, 11-1/2 X 25'. SLAB-2' WIDER ON 3 SIDES,
WITH THE FRONT RAMPED.
DAVID LANG - HOW LONG WILL THE STORAGE BE ON SITE?
NESBITT - A 90-DAY PERIOD/DRUMS ARE ACCUMULATING.
CHAIRMAN- VIEWED THE SITE TODAY. VERY FEW DRUMS ARE CONTAMINATED.
NESBITT - THERE WILL BE 2 ROOMS TO THE SHED. EACH ROOM HAS A 500
GALLON DRUM CONTAINMENT. ALSO, AN ALARM SYSTEM WITH USABLE LINKS.
A FIRE SUPPRESSION SYSTEM. A BEACON TO BE ADDED.
NANCY LODGE - QUESTIONED LEAKAGE?
NESBITT - NONE, IT WILL BE CONTAINED IN A 500 GALLON DRUM.
GT.RNN TERRY - WHEN WILL THE PROJECT BE COMPLETED?
NESBITT - RE: SHED, END OF AUGUST.
CLAYTON SMALL - HOW DOES THE FIRE SUPPRESSANT WORK?
NESBITT - IT RELEASES AUTOMATICALLY. THERE IS A VESSEL ON THE SIDE
OF THE BUILDING. A 1000 GALLON OF SECONDARY CONTAINMENT WEIGHING
26,000 LBS.
CHAIRMAN - THIS IS SPECIFICALLY FOR THE TREATMENT OF GROUNDWATER.
DAVID LANG MOTIONED TO CLOSE THE HEARING AND CLAYTON SMALL
SECONDED.
ALL IN FAVOR.
HAY BALES INSTATJ.ED ON APPLESEED'S SIDE.
FIFTH HEARING BEVERLY MUNICIPAL AIRPORT SECURITY FENCE
REPRESENTING FROM DUFRESNE-HENRY ENGR. OF PORTLAND, MAINE
STEVE LANGLAIS, EXPLAINED THE PROJECT IN DETAIL.
TO INSTALL 8,000 SQ.FT. OF LINEAl{FENCE TO DETER LARGE ANIMALS AND
KIDS WITH LARGE VEHICLES ENTERING AIRPORT PROPERTY. THE ENTIRE
PROJECT IS ON AIRPORT PROPERTY. NO FENCE WILL BE INSTALLED IN
WETLANDS. IT WILL BE CROSSING WETLANDS iN 2 LOCATIONS. THE FENCE
IS 8' HIGH, WILL BE REMOVING A 4' FENCE. NO METALLIC MATERIAL IN
CRITICAL AREA. STOCKADE WILL BE PUT UP. ONE CROSSING WILL BE
THROUGH A GRASSY AREA. NO TREE CUTTING. A FULL TIME INSPECTOR
WI~J. BE PRESENT AS TO PREVENT ZERO EROSION. THE FENCE POSTS WILL
BE 20' APART. THE STREAM IS 3-4' WIDE. NO POSTS IN THE STREAM.
CHAIRMAN - WILL THE FENCE PREVENT STREAM BLOCKING.
LANGLAIS - NO, A SILT FENCE WILL BE POUT UP.
CHAIP~,AN QUESTIONED THE POSTS.
LANGLAIS - THE POSTS WILL BE CEMENTED IN 48" DEEP, THE POLES ARE
3" IN DIAMETER.
CLAYTON SMALL - QUESTIONED THE FENCE MATERIAL.
LANGLAIS - GALVANIZED STEEL.
CHAIRMAN ASKED FOR A SITE VISIT.
WITH VACATIONS, ETC. THE BOARD WILL GO ON AN INDIVIDUAL BASIS.
GLENN TERRY - QUESTIONED THE CHAIN LiNK FENCE AND THE FABRIC.
TONY PALUZZI - HOW WILL THE CEMENT GET IN.
LANGLAIS - WITH A CONCRETE TRUCK OR A PUMP/TO REACH OUT OVER.
DAVID LANG - QUESTIONED THE FREE FLOW.
LANGLAIS - APPROXIMATELY OVER THE CENTERLINE OF THE DITCH AND WILL
ATTACH A 2-1/2 POLE AND STRANDS OF BARB WIRE DIAGONALLY.
DAVID LANG - RE: DEBRIS CATCHER/MAINTAINING. IT WILL BE SMALL
ENOUGH FOR LEAVES TO GO THROUGH.
AREA IS ALL FLAGGED AND NUMBERED FOR MEMBERS TO GO ON THE SITE
HEARING CONTINUED AUGUST 15TH.
SIXTH HEARING VELLONIS 8 THOMAS ROAD
REPRESENTING ATTORNEY THOMAS ALEXANDER.
SUBMITTED A LETTER REQUESTING TO RETURN SEPTEMBER 12.
RECONVENE MOTIONED BY TONY PALUZZI, SECONDED BY DAVID LANG.
CHAIRMAN COTREAU STEPPED DOWN, DUE TO A CONFLICT OF INTEREST.
VICE CHAIRMAN, DAVID LANG CHAIRED THE FOLLOWING:
REQUEST/DETERMINATION/APPLICABILITY
ROSSMEISL 722 CABOT STREET REPAIR OF SEPTIC SYSTEM.
JOHN SOUCY FROM HANCOCK SURVEY ENGRS. IN DANVERS EXPLAINED THE
PROJECT. ALL GRADES WILL BE RETURNED TO EXISTING CONDITIONS AND
ALL DISTURBED AREAS WILL BE REVEGETATED PRIOR TO REMOVAL OF
SILTATION CONTROLS.
THE ENTIRE PARCEL IS IN THE BUFFER ZONE.
CLAYTON SMALL - QUESTIONED THE LEACHING FIELD.
SOUCY - TO ABANDON IT, IT IS CLOSE TO THE WETLANDS.
DAVID LANG - LEACHING FIELD 30 X 10 AND A FORCE MAIN APPROXIMATELY
63'. THEN QUESTIONED THE EXCAVATION, WILL IT BE WITH BACKHOES?
SOUC¥ - THE SEWERAGE WILL BE REMOVED, A NEW SYSTEM IS GOING INTO
THE GROUND. THIS PLAN IS APPROVED BY THE BOARD OF HEALTH.
CLAYTON SMALL - STAKED HAYBALES, WILL THAT DEFINE THE LIMIT OF
WORK. THEN QUESTIONED THE DIFFERENCE OF THE SLOPE, MAYBE TURN UP.
THE HAY BALES AS TO PREVENT EROSION.
CLAYTON SMALL MOTIONED A NEGATIVE DETERMINATION AND GLENN TERRY
SECONDED.
ALL IN FAVOR.
SOUCY - ASKED HOW SHOULD THE HAY BAT.RS SLOPE.
CLAYTON SMALL - JUST TURN THE CORNER.
CERTIFICATES/COMPLIANCE
%5-447 155 WEST STREET TABLED AGAIN.
CLAYTON SMALL VIEWED THE SITE, NOT PLEASED WITH THE RIP RAP.
HE MOTIONED TO TABLE UNTIL AUGUST 15TH, DAVID LANG SECONDED.
ALL IN FAVOR.
%5-453 PARTIAL LOT i 36 CORNELL ROAD
CLAYTON SMALL, TONY PALUZZI, GLENN TERRY AND THE CHAIRMAN VIEWED
THE SITE.
CLAYTON SMALL MOTIONED TO DENY IT. THE WORK IS NOT FINISHED, THERE
ARE NO FRONT STAIRS, THE PLAN IS TO SAY THE DISTANCE FROM THE
RESOURCE AREA NOT FROM THE STREET.
GLENN TERRY SECONDED THE MOTION.
ALL IN FAVOR.
%5-417 5 PARKVIEW AVENUE OWNER: ALT.
CLAYTON SMALL VIEWED THE SITE AND MOTIONED TO GRANT THE CERTIFICATE
AND DAVID LANG SECONDED THE MOTION.
ALL IN FAVOR.
%5-490
CONTINENTAL CABLE CONGRESS ST. RAILROAD.
CLAYTON SMALL MOTIONED TO GRANT THE CERTIFICATE AND TONY PALUZZI
SECONDED THE MOTION.
ALL IN FAVOR.
DECISION RE: BUNK AND DODGE ST./CONIFER WAY.
DAVID LANG MOTIONED TO VOTE TONIGHT AND NANCY LODGE SECONDED.
ALL IN FAVOR.
DAVID LANG MOTIONED TO DENY THE PROJECT. THE APPLICANT FAILED TO
DEMONSTRATE THAT THERE WOULD BE NO IMPACT TO LAND UNDER WATER IN
THE VICINITY OF THE RESERVOIR AND ALSO THE APPLICANT HAS NOT
COMPLIED WITH TITLE 5, AND IS NOT WILLING TO SUPPLY ADDITIONAL
INFORMATION TO THE CONSERVATION COMMISSION.
GLENN TERRY SECONDED THE MOTION.
ALL IN FAVOR.
BOTH THE CHAIRMAN VINNIE COTREAUAND CLAYTON SMALL - IN OPPOSITION.
VOTE IS 3 - 2.
THE PROJECT IS DENIED
ORDER OF CONDITIONS
AVALLON R7 OBER STREET SEAWALL REPAIR %5-499.
CLAYTON SMALL MOTIONED FOR COASTAL CONDITIONS AND GLENN TERRY
SECONDED. ALL IN FAVOR.
IT CORPORATION 150 SOHIER ROAD STORAGE SHED.
CLAYTON SMALL MOTIONED STANDARDS AND DAVID LANG SECONDED.
ALL IN FAVOR.
SPECIAL: DRUM TO BE REMOVED - 90-DAYS.
REQUEST/DETERMIMATION/APPLICABILITY
TO CONDITION 722 CABOT STREET SEPTIC SYSTEM.
CLAYTON SMALL MOTIONED TO TURN THE HAY BALES UP AS TO PREVENT
EROSION AND TO ERECT A SILT FENCE. TONY PALUZZI SECONDED THE
MOTION.
ALL IN FAVOR.
ADJOURNMENT @ 9:45 P.M.
GLENN TERRY MOTIONED TO ADJOURN AND NANCY LODGE SECONDED.
ALL IN FAVOR.
MARIE S.COTREAU/CLERK