2001-06-19
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: June 19, 2001
BOARD MEMBERS PRESENT:Vice-Chairman Anthony Paluzzi, Dr. Mayo Johnson, Jon
Mazuy, Jay Donnelly, Patricia Grimes
BOARD MEMBERS ABSENT: Chairman David Lang, Richard Benevento
OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director
RECORDER: Karen Bradley
Vice-Chairman Paluzzi calls the meeting to order at 7:00 p.m.
Mazuy moves to reconvene the regular meeting to the Beverly Public Library, seconded by
Grimes. All members in favor. Motion carries 5-0.
Mazuy moves to recess for public hearing, seconded by Johnson. All members in favor. Motion
carries 5-0.
Notice of Intent
New: Greenwood Avenue – replacement of culvert/install 300 feet of pipe – City of Beverly
Killilea presents a map of the site and explains the layout of the proposed pipe installation on
Greenwood Avenue. He states that there is a vernal pool at the end of the existing 1’ X 2’ stone
culverts that is coming apart along the side of Greenwood Avenue as well as an open trench,
which is causing the road to erode. He explains that the grade is quite steep in this area. Killilea
states that an 18” concrete pipe should be installed, replacing the 1’X2’ stone culvert in order to
prevent any further erosion. He states the pipe will extend an additional 320 feet down the road.
He added that there is also a 12-inch concrete pipe across the road and that this could follow the
stream on Common Lane. He stated that the City has installed 2 PVC pipes 1 foot deep.
Mazuy asks if an 18” pipe is sufficient in size for the amount of water that flows in that area.
Killilea states that it would be sufficient and an outlet could be added at the vernal pool to
maintain the integrity of the pool. He states that they are proposing to install a catch basin to
prevent deposition of more solids further down. Mazuy asks what would be done with regard to
the vernal pool. Killilea states that they will do as little as possible to the vernal pool with the
exception of the outlet, whether or not to have a minimum elevation in the vernal pool
established. Mazuy asks if the elevation of the water level has been decided. Killilea states that
they were planning to put it on the existing elevation, replacing the box and setting the pipe
down in the bottom of the drain. Mazuy asks if they are planning to screen the opening for the
pipe. Killilea states that they prefer not to avoid further maintenance.
Conservation Commission Meeting Minutes
June 19, 2001
Page 2
Grimes asks if this is an emergency measure. Killilea responded that it is and they hope to
complete this work in time for the winter. Grimes asks if this will require additional work in the
future. Killilea states that if any further work were required, it would be down on the drainage
area of Common Lane.
Paluzzi asks if there will be riprap installed around the outlet near Indian Lane. Killilea states
that there will be some kind of energy dissipater such as stone to break up the energy as it comes
out of the pipe.
Mazuy asks if there was any water running down the ditch today. Killilea states that it was dry
today.
Paluzzi asks if there are any further questions from the Commission. There are none.
Paluzzi asks if there are any questions from the public.
Jane Brusca, 11 Greenwood Avenue, states that she is opposed to extending the pipe that far so
as not to disturb the vernal pool. She is of the opinion that the erosion of the road is due to a
plow that was too large this past winter and feels that the extent of the work involved in this
proposal is unnecessary. She suggests building up the side of the road and repaving the road.
Brusca states that she is concerned that installing the pipe will drain the vernal pool. Killilea
states that if the Commission is concerned about the vernal pool, a structure can be installed to
control the elevation.
Mazuy asks if the pipe could handle a snowplow running over it. Killilea states that they will
use Class V pipe that could handle a pick-up truck and a front-end loader so long as there is 3
feet of cover over it.
Chris Dolan, 7 Greenwood Avenue, asks how they plan to cover the large swale that presently
exists. Killilea states that they do not plan to make the road much wider, they will hot top the
road and create a small swale in the edge of the road so the water can run down on asphalt to
avoid any erosion down to the end of the pipe. He states that they will backfill over the pipe
with gravel.
Brusca asks the depth of the 18” concrete pipe. Killilea states it would be set at the bottom of the
stone culvert grade. Brusca states that her house is built on ledge and asks if there will be any
heavy blasting or digging. Killilea states that they do not anticipate any blasting, but the exact
depth is uncertain until they begin excavation.
Paluzzi asks if there are any further questions from the public. There are none.
Mazuy moves to close the public hearing, seconded by Donnelly. Discussion ensured and it was
anticipated that further information is necessary.
Conservation Commission Meeting Minutes
June 19, 2001
Page 3
Johnson states that he would like to discuss this further and is of the opinion that this should be
looked at. Grimes agrees with Johnson and asks if this work can wait until a site visit takes
place. Killilea states that this can wait so long as the work it is completed this summer.
Mazuy moves to withdraw the motion, seconded by Grimes. Motion carries 4-1. Donnelly
opposed.
Mazuy moves to continue the hearing to the next meeting on July 10, 2001 with a site inspection
scheduled for June 21, 2001 at 6:00 p.m., seconded by Grimes. Motion carries 4-1. Donnelly
opposed.
Request for Determination of Applicability
New: 2 Independence Circle – deck removal & replacement – McShane
The owner of the property, Michael McShane, states that he is proposing to remove an existing
10’X13’ deck, and replacing it with a 13’X23’ deck across the back of the house. He states that
the wetlands are at the rear of his property.
Grimes states that she visited the site and there is a definite visible barrier to the wetlands visible.
Paluzzi asks if the width of the new deck will be essentially the same as what presently exists
and will run across the entire length of the house. McShane states yes. Paluzzi asks how close
the deck will be to the wetland. McShane states that it varies since the rear property line runs at
a diagonal to the house. He states that one corner of the deck is approximately 17 to 18 feet
away, and the other corner of the deck being approximately 20 feet away. Paluzzi asks is the
deck would have poles and if so, how many. McShane responded he is unsure of how many but
they would be using sonor tubes.
Donnelly asks McShane to define the nature of the wetlands. McShane states that a stonewall
exists that runs along the property lines serving as a barrier to the wetlands.
Paluzzi asks where the dirt being removed will go. McShane states that it will be removed from
the site.
Paluzzi asks if there are any additional questions from the Commission. There are none.
Paluzzi asks if there are any questions from the public. There are none.
Mazuy moves to close the public hearing, seconded by Grimes. All members in favor. Motion
carries 5-0.
Grimes moves to issue a Negative #3 Determination with the condition that all activity in the
buffer zone will not alter the wetlands. Seconded by Johnson. Motion carries 5-0.
Conservation Commission Meeting Minutes
June 19, 2001
Page 4
New: 60 River Street – Concrete block addition – Desmond Trust
[Donnelly recuses himself from this portion of the meeting.]
Richard Desmond, 2 Desmond Road, states that he would like to put and addition at the rear of
an existing building approximately 185 feet from the river at 60 River Street.
Paluzzi asks if there is any contaminated material where they plan to extend the building.
Desmond responds no and explains that the area of contamination was near the Boston Gas
property. Paluzzi asks if there will be any materials removed from the site. Desmond states no.
Paluzzi asks if there will be any utilities coming into the site. Desmond states that all utilities
will be from the existing building.
Mazuy asks if there will be a cellar on this addition. Desmond responds no and states that the
elevation of the addition is 15, which is a little higher than the existing building.
Paluzzi asks if there are any comments from the public. There are none.
Johnson moves to close the pubic hearing, seconded by Mazuy. All members in favor. Motion
carries 4-0-1. Donnelly abstains.
Grimes moves to issue a Negative Determination #3, seconded by Johnson. All members in
favor. Motion carries 4-0-1. Donnelly abstains.
Extension Permit
19 Congress Street
John Kelleher is present to represent Philip Hansbury. He states that he is requesting a 3-year
extension on the Order of Conditions for this property since the City may acquire the Ventron
site. He states that Hansbury would like to build a retirement home, but would like to wait to see
what the City decides to do with the Ventron site if they do acquire it. Paluzzi states that the
Commission does not usually grant extensions for that length of time.
Paluzzi asks if there are any questions from the public. There are none.
Mazuy moves to issue an extension permit for 12 months, seconded by Johnson. All members in
favor. Motion carries 5-0.
Conservation Commission Meeting Minutes
June 19, 2001
Page 5
Certificate of Compliance
235 Dodge Street – DEP File #5-731
Jim Dawson is present stating that he is requesting a Certificate of Compliance for his property.
He explains that the exterior of the addition is complete and would like to seek a waiver of the
as-built requirement as well as the requirement for a letter from a registered surveyor or
engineer.
Hurlburt explains the Order of Conditions for this project and states that the Commission could
waive two criteria from the list of special conditions.
Paluzzi has concern if the footprint and the size of the addition are at the exact elevation of the
plan. Dawson states that the slope of the property is less than it used to be.
Donnelly states that the as-built plan and the letter from a registered surveyor or engineer would
reassure the Commission that this was built by the design of the plan. He states that without the
as-built plan the grade and elevation cannot be determined. Mazuy concurs with Donnelly.
The Commission did not vote to approve the waiver of these two requirements. Dawson states
that he would return with the required items.
Old/New Business
Cummings Center Walkway
Hurlburt updates the Commission on the walkway at Cummings Center. She received a
telephone call from Bruce Oveson of Cummings Properties stating that the Cummings Center is
going to pursue the waiver from DEP for the walkway to be 6 feet as opposed to 10 feet. She
reminds the Commission that a Special Condition was placed on the approval that Cummings
shall abide by DEP’s permit. DEP has indicated that Cummings had to install a 10-foot walkway
or seek a waiver from that requirement. The Commission reviewed the plan and was in favor of
the 6-foot walkway since it was uniform with the walkways at Stop and Shop and the McPherson
Youth Center. The 6-foot walkway also entails less pervious surface. Cummings Properties is
asking if the Commission would be willing to write a letter to DEP stating that they are in
support of the 6-foot walkway.
Mazuy moves to send a letter recommending the approval of the 6-foot walkway as acceptable
width as enumerated above, seconded by Grimes. All members in favor. Motion carries 5-0.
Conservation Commission Meeting Minutes
June 19, 2001
Page 6
MACC Dues
Hurlburt states that the $225.00 membership dues are now due for MACC.
Mazuy moves to expend $225.00 for MACC membership, seconded by Grimes. All members in
favor. Motion carries 5-0.
Jubilee Yacht Club
Hurlburt explains that in back in October 1997, an Order of Conditions was granted by the
Commission for the completion of dredging materials in that vicinity. She states that she has
received a letter from the Jubilee Yacht Club requesting an additional 2-Year Permit to complete
the maintenance of that dredging to include silt and sand under the floats. Hurlburt states that the
Order of Conditions expired in October 2000.
Donnelly asks if this is a legal request. Hurlburt states no, that the Commission needs an Order
of Conditions. She states that she will inform the Jubilee Yacht Club to file.
Bylaw Discussion
The Commission discussed the Purpose and Jurisdiction sections of the proposed Bylaw.
Notice of Intent
New: 17 Boyles Street – Construction of addition with deck – Avallon
Joanne Avallon explains the addition she is proposing for her property. She explains that there
will be no change to grades on the property and there is no intent to remove any vegetation, only
prune one Red Oak tree.
Johnson states that he was able to visit the site and there will be no siltation. Johnson asks the
size of the proposed addition. Avallon states 1,000 square feet.
Grimes asks how far this will be from the resource area. Avallon states 102 feet.
Paluzzi asks if the Commission has any additional questions. There are none.
Paluzzi asks if there are any questions from the public.
Renee Mary, 274 Hale Street, states that she has concern for the steep drop on the back of the
property and the affect it could have on her property downstream. She states that the
Commission should conduct a site visit.
Conservation Commission Meeting Minutes
June 19, 2001
Page 7
John Dick of Hancock Environmental explains the elevation of the brook and states that all
activity is contained to the existing lawn area, which should have minimal effect. He states that
a silt fence will bound the work approximately 35 feet out in the lawn area. He explains that the
affect to the resource area will be minimal.
Paluzzi asks where the material will be stored. Dick states that it will be used in the trench area
for the footings and if any material is left, it will be removed from the site.
Johnson asks if there will be any change to the grade. Dick states no.
Mazuy moves to close the public hearing, seconded by Donnelly. All members in favor. Motion
carries 5-0.
Donnelly exits the meeting.
9 Ober Street – Construction of addition, pool and landscaping – Charles Harris
John Dick of Hancock Environmental states that a high coastal bank is present on this site but
will not be disturbed. He states that the velocity zone is at elevation 15 and the top of the bank is
at elevation 25. Dick explains that the deep end of the pool will be pinned to the existing ledge
to avoid any destabilization. He explains that they will access the site through a long existing
driveway approximately ¼ mile long and siltation control will be put into place prior to any
construction. He states that all stockpiling will be away from the coastal bank and that the wall
to be built will be 5 to 6 feet high at the highest point. He states that the addition is small.
Paluzzi asks if there are any questions from the public.
John Avallon, a direct abutter, states that when he built his pool, it was required that his filtration
and pumping equipment be located under the porch. He hopes the Commission would condition
this the same way.
Grimes moves to continue this matter to the next meeting on July 10, 2001 with a site inspection
scheduled for June 21, 2001 at 6:30 p.m., seconded by Mazuy. All members in favor. Motion
carries 4-0.
Order of Conditions
17 Boyles Street – Construction of addition with Deck – Avallon
Mazuy moves to issue the standard Order of Conditions, seconded by Grimes. All members in
favor. Motion carries 4-0.
Paluzzi asks if there is any other business for the Commission to discuss. There is none.
Conservation Commission Meeting Minutes
June 19, 2001
Page 8
Adjourn
Mazuy moves to adjourn, seconded by Grimes. All members in favor. Motion carries 4-0.
The meeting is adjourned at 9:15 p.m.