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1997-09-09BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING SEPTEMBER 9, 1997 A regular meeting of the Beverly Conservation Commission was held on September 9, 1997 at 7:00 p.m., third floor, City Hall, 191 Cabot Street. Those Present were: Chairman David Lang, Vice-Chairman Tony Paluzzi, Jay Donnelly, Dr. Mayo Johnson. Also present was Assistant Planning Director Debbie Hurlburt and Susan Akerman, Secretary to the Commission. Meeting called to order by Chairman Lang at 7:00 p.m. Old/New Business Conservation Restriction/Juniper Street/Ed Becker Ed Becker of Essex County Green-Belt addressed the Commission and explained a proposal to grant a protected wetland area in Beverly. Mr. Becker explained that the proposal has been devised to protect an area of open space on Juniper Street. Mr. Becker explained that a portion of the property will be restricted conservation land and that this proposal needs to be approved by the City Counsel as well as the Mayor and that he is seeking for an endorsement from the Conservation Commission. Chairman Lang asked for a description of the area. Mr. Becker explained the area stating that it is a 12 acre area of open space. Chairman Lang asked if the area was mainly wetlends and if there were any outlet areas. Mr. Becker stated that it is mostly wetlands with good habitat. Jay Donnelly asked if there was previously any parking provided in this area and if there are any plans to build a road for a parking area. Mr. Becker stated that there are no plans for a parking area, that it will be used as it is existing now. Chairman Lang stated that it will be used primarily by the people who use it right now. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to endorse the Conservation Restriction, seconded by Jey Donnelly and approved unanimously. Request for Determination of Applicabilities: New: 1 Sunday Drive/tree removal/Michael McNiff Michael McNiff addressed the Commission and stated that he is a general contractor that owns a parcel of land on Sunday Drive and that he is seeking permission to remove two large coniferous trees that are within a buffer zone to a wetland because of the potential danger they possess to the house dwelling and noted that parts of the trees have already fallen. Mr. McNiff describes the location of the two trees and explained that he will hire a local contractor with a crane to "bucket-up" a man, cable the tree, cut it section by section and load the tree sections down into piles. Mr. McNiff stated that this process will not impact other neighbors. Tony Paluzzi stated that in the original Order of Conditions these trees are to be protected and recalled that this is a sensitive issue within the neighborhood. Chairman Lang stated that these trees are famous and that they have caused problems in the past and that input from abutter's is needed. Dr. Johnson stated that this is a sensitive issue, but yet a good point and that he is willing to give permission to take down the two trees. Tony Paluzzi stated that his objection is if the Commission granted the removal of these two trees will there be further requests to take down other trees. Chairman Lang suggested that the Commission could table this matter to the September 30, 1997 meeting as that there were more members present and to invite the neighbors for their input. Dave Collins the future occupant, addressed the Commission and stated that one reason why he feels that this is an important matter is because one tree, in back of the house, is likely to threaten the house and the other reason is that his two daughter's rooms will be closest to these two trees and does not feel comfortable moving in until this is resolved. There being no further questions or comments regarding this matter, Chairman Lang continued the matter until the Commission's September 30, 1997 meeting. New: 27 Marsh Avenue/house addition, repairs/James Miles James Miles addressed the Commission and explained that he bought the property located at 27 Marsh Avenue three years ago as a summer home: but that he is now seeking to expand the dwelling to live in it permanently. Mr. Miles explained that the existing foundation would need to be raised for repairs and for the construction of a new foundation for an addition. Mr. Miles stated that the land is relatively flat, that he doesn't plan on changing the grade and that he plans to hire an engineer to design the foundation. Tony Paluzzi asked if the existing house was on pile-ons. Mr. Miles explained that part of the stone foundation is on some pile- 2 ons and that there are certain sections of the foundation that are pretty rough and need repair. Jay Donnelly asked if there would be any paving/asphalt done. Mr. Miles responded yes. Jay Donnelly asked if there are any plans for a cul-de-sac. Mr. Miles state not to his knowledge. Jay Donnelly asked where the driveway would be located. Mr. Miles reviewed the location of the driveway on the map. Jay Donnelly asked if a garage is going to be built. Mr. Miles responded no and explained that the additio~ would consist of a living room and a storage room. Tony Paluzzi asked if the property received any water on it from the river. Mr. Miles explained that only during severe storm times will the water come over the road, but that there are no signs of water to the floor or floor joists. Debbie Hurlburt stated that she checked the flood maps and that the property is not located within a flood zone. Jay Donnelly asked if there is any protection of the river bank. Mr. Miles responded yes. Jay Donnelly stated that the work proposed doesn't seem to interfere with the river bank. Tony Paluzzi asked if any holes where dug to determine if there is ground water. Mr. Miles responded no. Tony Paluzzi stated that he is concerned with ground water issues and suggested that Mr. Miles consider a dewatering system. Tony Paluzzi asked how the house was heated. gas/forced hot water with propane. Mr. Miles stated Chairman Lang asked what will be done with the demolition material. Mr. Miles explained that he would contract someone to excavate the removed debris. Chairman Lang stated that the excavated material is not to be stored on site or outside the buffer zone. Mr. Miles stated that he would have a dumpster on site. Chairman Lang asked if any blasting would take place. Mr. Miles responded no and stated that he didn't want to have to blast. Jay Donnelly stated that he doesn't want to see any blasting, that the river bank needs to be protected and that any discharge from 3 dewatering would need to be filtered. will comply with all restrictions. Mr. Miles stated that he Tony Paluzzi stated that he is not against this proposal, but that he would like to see the engineer's design of the sono/tubes and the dewatering system prior to any work starting. Tony Paluzzi asked if there are any state or federal compliances. Debbie Hurlburt responded no and explained that the work will be done above mean high tide but that the Commission could condition that specifically. Chairman Lang asked if anyone from the public wished to speak. Hearing no response a motion was made by Tony Paluzzi to issue a Negative Determination of Applicability #3 with the conditions that (1) the south side of Marsh Avenue not be utilized for any construction or stock piling activity, (2) no blasting is allowed, (3) any discharge from dewatering to remove sediment for this project must use a dewatering devise approved by the Conservation Commission Administer prior to commencement of activity, (4) standard and coastal Commission Conditions, (5) the applicant shall submit engineering plans and dewatering details to be reviewed and approved by a member of the Conservation Commission prior to commencement of activity, and (6) the applicant shall obtain all state and federal permits if necessary, seconded by Dr. Johnson and approved unanimously. Motion made by Tony Paluzzi to recess for the purpose of holding public hearings; seconded by Dr. Johnson and approved unanimously. Public Hearinqs: Continuation of Public Hearinq: Virqinia Avenue Extension/house construction for lots 1-5/Curtis Jones Debbie Hurlburr reads a letter frem Sally Newman of Wetlands Preservation requesting an extension of time until the Commission's September 30, 1997 meeting. (On File) Motion made by Tony Paluzzi to continue the public hearing on Virginia Avenue to the Commission's next meeting scheduled for September 30, 1997, seconded by Dr. Johnson and approved unanimously. Continuation of Public Hearinq: 7R Ober Street/construction of qazebo/~ool & ]andscaDing/A~allon John Dick of Hancock Environmental Consultants addressed the Commission, presented and reviewed a hand-out that addressed several questions raised by the members during their site visit on September 6, 1997. 4 Mr. Dick reviewed the history of the property and noted that the development of this site didn't take place as originally presented to the Conservation Commission. Mr. Dick reviewed the new proposal and stated they would like to maintain the wall, install more weep holes and noted that the filling of the yard hasn't taken place but that they are not proposing to do any filling, the grade will not change by more than ½ foot. Jay Donnelly asked what landscaping was being planned. Mr. Dick explained that they intend to grade, loom and seed the landscaped area behind the wall, that the material will be moved around the site but that they intend to maintain the existing grade. Mr. Dick stated that the only change in grade that will.occur will be to level the pool area. Mr. Dick also explained that the trees will he maintained, but if they were to cut any trees and encountered disturbance of the root zone, they will come back with modifications. Chairman Lang asked if any material will be brought in when grading. Mr. Dick stated that no material will be brought onto the site to change the grade~ that the intent is to maintain. Chairman Lang stated that he was concerned that the additional 2 feet to the wall will restrict the flow, forcing the water to flow somewhere else. Mr. Dick stated that the raising of the wall will not make a significant difference in the flow, that the wall was always designed to restrict the flow, but that additional weep holes need to be installed. Tony Paluzzi asked if the weep holes were at ground level or below. Mr. Dick explained that some are 6-8 feet below and that others were at ground level. Tony Paluzzi questioned if silt was going into the holes. Mr. Dick stated that there could be, but that they could cover the holes with a piece of filter fabric for easy maintenance of the weep holes. Chairman Lang asked if there was anyone present at the meeting who wished to comment on this proposal. There being none, a motion was made by Dr. Johnson that there is sufficient information to close the Public Hearing, seconded by Tony Paluzzi and approved unanimously. Continuation of Public Hearinq: 198 _Common construction/Farmer Lane/house Mr. Peter Farmer addressed the Commission and explained a proposal to construct a single family house on the lot. 5 Tony Paluzzi stated that he recalled that members were concerned with blasting. Mr. Farmer reviewed the blasting sequence and stated that any blasted material will be used on site to fill certain areas on the site. Mr. Farmer reviewed Plan C which shows the location of where they would stock pile material and stated that he has received written permission from the abutter to place material, if need be, on his property in order to keep the stock piles as far away from the wetland area as possible. Chairman Lang requested a copy of this written authorization. Mr. Farmer presented a copy of the letter to Chairman Lang. Tony Paluzzi asked if it has been determined how deep and how much blasting would take place. Mr. Farmer explained that approximately 3 feet of ledge would be blasted behind the site and that 8-9 feet of blasting would take place for the foundation. Tony Paluzzi asked to what depth would filling around the house be. Mr. Farmer explained that the largest area of filling will be as little as 6" to a maximum of 6-7 feet in an effort to keep the area level. Tony Paluzzi asked what they intended to do with the blasted material. Mr. Farmer explained that the blasted material will be used to stabilize the ledge. Chairman Lang asked if the main portion of the driveway would have any fill/grading done to it. Mr. Farmer explained that they would only be moving some gravel around there. Chairman Lang asked if there was anyone present at the meeting who wished to comment on the proposal. There being none, a motion was made by Tony Paluzzi to close the Public Hearing, seconded by Dr. Johnson and approved unanimously. New Public Hearinq: 16 Maple Avenue/maintenance dredqin~/Jubilee Yacht Club George Whitney of the Jubilee Yacht Club addressed the Commission and explained a proposal for maintenance dredging of sand and silt that has been building up under floats for the past 15 years and noted that this is a serious condition that could cause damage to boats and floats~ Mr. Whitney explained that the project will be done by a barge with a crane on it, that the work will be done totally in the water and that the sand will be brought back to a dumping ground at sea. Mr. Whitney stated that what will essentially happen is that the flow will return to where it was 15-20 years ago. 6 Mr. Whitney stated that samples have been taken to verify the quality of sand/contaminants. Mr. Whitney stated that the Harbor Master as well as other people involved with the Yacht Club have no objections to this proposal and that a permit for a Chapter 91 Waterway License from DEP has been applied for as well as a permit from the Department of the Army Corp of Engineers. Chairman Lang asked if a hearing will take place. Mr. Whitney stated not as of yet. Chairman Lang asked if the work would be done at low tide. Mr. Whitney responded yes and explained that the work can only be done at certain times of the year, that they have to wait until the flounder are gone. Tony Paluzzi asked if the contractor will have containment booms available when removing the silt. Mr. Whitney stated that he didn't think so, but that if the Commission felt it was necessary he would. Chairman Lang suggested to the Commission members that they may want to continue this public hearing pending a site visit and receipt of the chemical analysis report. Chairman Lang asked if they could wait or if they were up against a deadline. Mr. Whitney stated that they would like to do this procedure in late October early November. There being no further questions or comments regarding this proposal, a motion was made by Tony Paluzzi to continue the Public Hearing to the Conm~ission's next meeting scheduled for September 20, 1997, seconded by Dr. Johnson and approved unanimously. New Public Hearinq: Old Essex Street/house construction/Bob Nelson Bob Nelson addressed the Commission and explained construct a single family house on the lot, and intermittent stream is located on the property. a proposal to noted that an Chairman Lang asked if an engineer has done any calculations for storm water flowage. Mr. Nelson responded no. Chairman Lang stated that he would like to see these calculations, that the Commission needs to know how high the water gets and to what surrounding areas does the flood water run-off to. Chairman Lang stated that what typically takes place is for the members to do a site visit and have any of their questions answered. 7 Tony Paluzzi suggested that the members do a site visit on September 27, 1997 at 8:30 a.m. Mr. Nelson asked what he should bring. Chairman Lang recommended that he have an Engineer/Wetland Consultant on hand. Dr. Johnson asked that the area be marked where the containing walls plans to be as well as to stake the area where the house is to be located prior to the site visit. Tony Paluzzi asked if the bank was steep. yes. Mr. Nelson responded Mrs. Janet Pollock of 346 Old Essex Road stated that she is an abutter and that the area was quite accessible from her home and from certain other neighbors houses. Chairman Lang asked if any members of the public wished to comment upon this proposal. Vince Willjams of 344 Old Essex Street addressed the Commission and stated that it is important to know the history of the brook that runs through the property and noted that there is considerable run- off. Mr. Williams stated that he is concerned with other considerations of developments pending in the future. Chairman Lang asked if Route 128 drained into this brook. Mr. Williams stated he didn't know, that there is a culvert that drains from Route 128 but doesn't believe that it drains back to this brook, he believes that it is an all natural drainage brook. Chairman Lang asked if the brook was flowing right now. Mr. Williams responded he was not sure and stated that at one time there was a petition requesting the Conservation Commission to make this brook area a wetland but is not sure if it ever happened. Mrs. Pollock stated that she is in favor of this project and explained that for the past 15 years she has had to clean the debris out of the brook so as not to have any flood problems and stated that this brook was never a wetland and shouldn't be considered wetlands. There being no further questions or comments regarding this proposal Chairman Lang closed the Public Hearing. New Public Hearinq: 181 Elliot Street/repairs to embankment, removal of accumulated silt/Cumainqs Properties Mr. Bruce Oveson from Cummings Property addressed the Commission and gave an update/status of this project with respect to what work has been completed. Mr. Oveson stated that they are here tonight 8 relative to the reservoir and repairs to the eroded embankment but that Mr. John Dick would address the Commission. Mr. John Dick of Hancock Environmental Consultants addressed the Commission, reviewed the site and explained a proposal to remove a tremendous amount of silt that has accumulated in the existing reservoir. Mr. Dick ex~iained that they are proposing to dredge one foot below the surface to remove the accumulated silt and explained a proposal to plant vegetation on the banks to help alleviate future build-up of silt, but stated that this will not stop the siltation, that it will be an on-going problem but that planting is the answer. Mr. Dick also explained a proposal to repair the embankment that has been eroded by drainage from the existing ~ite and roadways and stated that they will rip rap and back fill the eroded area. Dr. Johnson suggested that the Commission schedule a site visit on September 27, 1997 at 9:30 a.m. Chairman Lang asked where the dirt will be taken. Mr. Dick stated that they will possibly have to take the dirt off site and dewater it. There being no further questions or comments regarding this proposal Chairman Lang closed the Public Hearing. Old/New Business Debbie Hurlburt updated the Commission with respect to the Enforcement Order sent to Symes and read a letter received from A1 Symes dated September 5, 1997. (On File) Debbie Hurlburt updated the CoMmission with respect to the Enforcement Order issued at 9 Dodge Street and stated that she has not received a response as of this date and asked the members how they wanted to handle the situation. A motion was made by Chairman Lang to have this matter turned over to City Solicitor Marshall for further action, seconded by Tony Paluzzi and approved unanimously. Debbie Hurlburr updated the Commission with respect to Short Meadow Road and read a letter from Attorney Tom Alexander dated September 9, 1997. (On File). Debbie Hurlburt stated that she received a call from a man in Wenhamwho asked for a copy of a walking trail map and explained that a map has been found indicating conservation land and suggested that this map be laminated, posted and made available to the public, and to eventually look at maintenance to keep these walking trails cleared. Jay Donnelly stated that David Gardner with the Open Space Committee would be interested in this map. Jay Donnelly asked what is the status of Birch Woods Drive. Hurlburt stated that nothing has happened yet, but that lots have been appealed by abutters_ Debbie several Order of Conditions 7R Ober Street/construction of qazebo/pool & landscape/Avallon A motion was made by Jay Donnelly to deny applicant's request for an Order of Conditions on the grounds that the wall subject to an earlier Notice of Intent dated July 5, 1995 was 2' higher than the original plan that could potentially block'coastal flowage, no mitigated measures for blockage of flowage, in addition a concrete block 4' x 4' was not discussed on the original filing but was seen on the site walk, seconded by Tony Paluzzi and approved unanimously. 198 Common Lane/house construction/Farmer A motion was made by Tony Paluzzi to issue standard conditions, seconded by Dr. Johnson and approved unanimously. Certificate of Compliance 7R Ober Street/seawall reDair-reconstruction/Avallon A motion was made by Tony Paluzzi to deny a Certificate of Compliance for 7R Ober Street based on inadequate information and to resubmit the filing once all previous applications have been completed and are in order, seconded by Dr. Johnson and aDproved unanimously. - 57 Preston Place/addition & landscaDinq/Ker__r Debbie Hurlburt updated the Commission and noted that the original filing was for construction of a dwelling and for an addition 15' x 15' which has been done, but explained that the deck has not been constructed and explained that it is noted on the plan that the deck will be done in the future. Tony Paluzzi asked if the landscaping has been done. Debbie Hurlburt responded yes. A motion was made by Tony Paluzzi to issue a partial Certificate of Compliance for the addition only at 57 Preston Place, seconded by Dr. Johnson and approved unanimously. 10 Approval of Minutes: July 22, 1997 A motion was made by Mended, of the July 22, approved unanimously. Tony Paluzzi to approve the minutes as 1997 meeting, seconded by Jay Donnelly and Other Discussion/Varian Conservaticn Commission should communicate with City Councillor Bill Coughlin that he should talk to the Board of Health stating that they should conduct PIP meeting because this issue is more of a health issue than a wetland issue. Adiournment A motion was made by Jay Donnelly to adjourn the meeting, seconded by Dr. Johnson and approved unanimously. The meeting was adjourned at 9:45 p.m. 11