1996-12-10BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
DECEMBER 10, 1996
A regular meeting of the Beverly Conservation Commission was held
on December 10, 1996 at 7:00 p.m. in the City Hall Chambers, 3rd
floor of Beverly City Hall.
Those Present were: Chairman David Lang, Patricia Grimes, Tony
Paluzzi, Jon Mazuy, Dr. Mayo Johnson. Also present was Assistant
Planning Director Debbie Hurlburt and Susan Akerman, Secretary to
the Commission.
The meeting was called to order by Chairman Lang at 7:00 p.m.
Approval of Minutes - October 15, 1996 & November 12, 1996
A motion was made by Tony Paluzzi to approve the minutes as
amended, of the October 15, 1996 and the November 12, 1996 meeting,
seconded by Dr. Mayo Johnson and approved unanimously.
Requests for Determination of Applicabilities
Continuation: 35 Standley Street/soccer field/Warinq School
Anthony Sabesee, a representative from Waring School addressed the.
Commission and stated that a revised version for the expansion of
the soccer field has been submitted. Mr. Sabesee explained that
there has been a adjustment to the field by 5 feet and that hay
bales and silt fencing will be placed on the field.
Tony Paluzzi asked if any trees would have to be cut down in order
to move the field. Mr. Sabesee stated that only the over hang will
be cut.
There being no further questions, Chairman Lang stated that the
Commissien will make their determination later this evening.
New: 123 Brimball Avenue/building addition/Sensitech
Bill Manual of Hancock Environmental addressed the Commission and
explained that the current site is already developed and has two
existing buildings on it. Mr. Manual explained that the wetland
resource area is off the edge of the parking lot, and that there
will be grading work at the back of the lot. Mr. Manual stated a
Certificate of Compliance was issued.
Mr. Manual explained that the proposed building will extend into
the 100' buffer zone by 75' which will land on the existing parking
lot which will require cutting of the pavement and then
construction of the building. Mr. Manual noted that they will rim
the perimeter with hay bales.
Mr. Manual explained that they are seeking a positive determination
with conditions and stated that what they are proposing will not
have an impact on the area.
Jon Mazuy asked where will the water run-off go. Mr. Manual
explained that there are two existing pipes that handle the current
· two roof run-off and any additiona.1 run-off will go tO these two
pipes.
Jon Mazuy questioned if the drains would release water next to the
hay bales on the Northeasterly side. Mr. Manual stated that is
correct.
Chairman Lang asked where would the excavated soils go. Mr. Manual
explained that the soils will be stocked piled in the rear of the
parking lot and then removed off the site.
Chairman Lang questioned if the excavated soils would run into the
buffer zone. Mr. Manual stated that was a possibility.
Jon Mazuy asked if they expect to encounter ground water and how
will it be taken care of. Mr. Manual stated they may possibly
encounter ground water and explained that they are planning to
install a dewatering corral.
Chairman Lang asked if the applicant will have to dewater.
Manual stated yes.
Mr.
Chairman Lang asked if there was a more sophisticated system
available. Mr. Manual stated yes, but it is very expensive and
explained that they would have to get rid of the sediment that
collected in the bag.
Tony Paluzzi asked if there willbe any surface drains. Mr. Manual
stated sheets.
There being no further questions, Chairman Lang stated that the
Commission will make their determination later this evening.
New: Lakeshore Avenue & Bonad Road/delineation determination/SVmes
Associates
Jon Mazuy recused himself from discussion of this matter.
Elizabeth Wallace of Hayes Engineering addressed the Co~unission and
stated that she was representing tbe applicant. Ms. Wallace
explained that the site has 25 acres of land and that several
properties are included. Ms. Wallace explained that there are two
bordering vegetated wetland areas, that both have bordering
intermittent streams, and noted that there is an isolated vegetated
wetland area that does not come under the Conservation Commission's
jurisdiction.
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Pat Grimes stated that she would like to do a site visit.
Chairman Lang stated that he is concerned with the one area that is
near a flowing stream. Ms. Wallace stated that the stream was not
flowing when the area was delineated and would have to look into
the matter.
Chairman Lang asked if any one from the public had any questions or
comments.
A resident of Beverly asked where the drainage will go and stated
that there is a serious drainage problem in that area and would
like the Commission to take into consideration that the area is
very wet. Ms. Wallace stated that she was not prepared to answer
questions regarding future development.
James Torgler, 27 Lakeshore Avenue asked if they have considered
the run off in this area and stated that the collection of water
from composite run off is a big problem and stated that he is
concerned with water collection in the ground.
Renee Mary, 274 Hale Street asked if the general public could
attend the site visit. Chairman Lang responded that if the
property owner gives approval the Commission accepts the public
attendance.
A resident of Beverly asked where Lot #102 is and stated that the
area was all wetlands. Ms. Wallace showed where Lot #102 was on
the plan.
Virginia McGlynn, Ward 4 Councillor addressed the Commission and
stated that she wants a guarantee that not a drop of water will be
added to this area, that the area is already wet enough and
explained that there are three streams in this area and that two of
these streams originate from this area.
Jessie Mueller, 36 Lakeshore Avenue stated that there are not
enough drains in this area and that excess water lands on her lawn
and she stated that something needs to be done.
A determination was made that a site visit would take place on
Saturday, December 14, 1996 at 9:00 a.m., with a rain date of
Sunday, December 15, 1996 at 9:00 a.m.
Jon Mazuy returns to the meeting at this time.
Discussion: _~nham Road/Maestranzi/indeDendent reDort
Hugh Mulligan of Gulf of Maine Research Center reviewed the history
and gave a letter to the Commission with the results of the survey
regarding the wetland lines. Mr. Mulligan stated that he is here
tonight to determine whether or not the wetland line is correct.
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Mr. Mulligan stated that the identified area was flagged by a
consultant and that he did not disagree with the dellnation of the
wetlands, but he did however disagree with the conclusion that the
Conservation Commission has no jurisdiction because this is a
bordering vegetated wetland and not an isolated wetland. Mr.
Mulligan explained that they reached this conclusion because a
stream or' ~hanne'~' in'the ~reU~d 'fit~ ~he"defini~ion that this' " "
wetland area is protected under the Wetland Protection Act. Mr.
Mulligan stated that the Conservation Commission is allowed and is
required to issue an Order of Conditions.
Mr. Mulligan stated that there should be no filling in on the
outside of the buffer zone and that it should be recommended in the
Order of Conditions that the trees that were cut down be replaced
with other trees and that hay bales should be put down.
Jon Mazuy asked what types of trees were cut down. Mr. Mulligan
stated some red maples and a few oaks and explained that these
trees will continue to grow out from their stumps.
Chairman Lang asked how much damage has been done to the habitat.
Mr. Mulligan explained that when the spring comes and the frogs
head back into the pond and lay their eggs and then go back into
the woods this will give us a better idea of how much damage has
been done. Mr. Mulligan stated he was not sure how many frogs
where out there.
Tony Paluzzi questioned if soil samples have been taken. Mr.
Mulligan stated yes they did testing and checked the soil within
the wetland and it was concluded that hydric soils extended out to
the flagged area.
Tony Paluzzi questioned the type of flow. Mr. Mulligan
sheet flow and explained that it flows out about 200 feet
connected from the wetlands.
stated
that is
Brian Johnson, 122 Brimball Avenue asked what will the temperature
of the water be due to no trees to shade it and will it dry up
quicker. Mr. Johnson also asked what adverse affect will this have
on the frogs. Mr. Mulligan stated he did not know the temperature
of the wetland and stated that it did dry up in the summer. Mr.
Mulligan stated the adverse affect on the frogs, perhaps the
ability to survive in all temperatures.
Mr. Maestranzi addressed the Commission and stated if this area has
been classified as isolated and subject to flooding than the
Commission has no jurisdiction. Mr. Maestranzi stated that he
placed a call to the DEP to ask them to make a determination of
this area.
Brian Johnson, 122 Brimball Avenue stated that the vernal pool
can't be filled in and that the pool is protected by the Federal
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Clean Water Act/Mass Audobon Society and suggested that Mr.
Maestranzi write a letter of good will indicating that he will
accommodate the vernal pool and protect it.
Mr. Maestranzi stated that his plan was to have a ten acre
development With a small road and a cul de sac, a campus. type.of
mini industrial park, and explained that'his alternate"pIan is'to
take the area that was flagged as wetlands and continue around the
100 foot buffer zone area, isolate all vernal pool areas, place hay
bales around it and develop 60% of the land utilizing the land
without going into these vernal pool areas.
Pat Grimes stated that it appears that the vernal pool area is all
around it and that Mr. Maestranzi is in violation of a State Law
and questioned what is going to be done to rectify this.
Chairman Lang suggested to Mr. Maestranzi that since there are
several protected areas that Mr. Maestranzi devise a remedial plan
and present it at the next meeting.
Mr. Maestranzi stated that he doesn't feel he should submit a
remedial plan until the DEP makes a determination.
There being no further questions or comments regarding this issue,
a motion was made by Dr. Mayo Johnson to recess for the purpose of
holding public hearings, seconded by Tony Paluzzi and approved
unanimously.
Public Hearinqs
Continuation of Public Hearinq: Shortmeadow Road/parkin~ lot/Prime
Realty Trust, II
Chairman Lang reads a letter to the Commission from the attorney
representing the applicants of Shortmeadow Road. (On file).
A motion was made by Jon Mazuy to continue the public hearing until
the January 7, 1997 meeting, seconded by Pat Grimes and approved
unanimously.
Continuation of Public Hearinq:
construction/Max Corbett
Porter Street Extension/house
Bill Manual of Hancock Environmental Consulting Company addressed
the Commission and reviewed the coastal bank on the plan. Mr.
Manual stated that this was an appropriate location to tie in the
sewer and stated that they are going to relocate the tie in to the
sewer. Mr. Manual stated that this property is on a river front
and stated that the Commission can use the maximum latitude in
deciding to allow a project in a River Front Act.
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Mr. Manual stated that a deed of the property dated since 1963 has
been submitted and that the property falls under the provision of
a grandfathered lot. Mr. Manual stated that the entire lot is in
this zone.
M[....Manual...asked..if the Commission would .issue an. Order of
Jon Mazuy asked where in the Act does it state that the property is
grandfathered in. Mr. Manual shows Mr. Mazuy a copy of the Interim
Guidelines issued by the DEP on November 18, 1996 and stated that
they were written to help interpret the Act. Mr. Manual reads a
paragraph of the Interim Guidelines.
Jon Mazuy expressed concern regarding the impact of water pressure
against the retaining wall. Mr. Manual explained that a retaining
wall will be constructed first, back-filled and then the
construction of the foundation will take place and stated that no
part of the wall will exceed 10 feet. Mr. Manual stated that the
construction of the wall will meet the possible affects of water
pressure and stated that that was a question for the architect.
Mr. Manual noted that the building inspector will also review the
plans.
Max Corbett stated that drainage is more of a concern.
Pat Grimes expressed concern about pollution from driveway run off
(ie: gas, oil) and the affect it will have on selfish. Mr. Corbett
stated that to his knowledge there are no selfish in this area.
Steve Brauninger, 23 Webber Avenue stated that there are signs of
shellfish at the high tide mark.
There being no further questions or comments on this proposal, a
motion was made by Pat Grimes to continue the public hearing to the
January 7, 1997 meeting, seconded by Tony Paluzzi and approved
unanimously.
Chairman Lang noted that the Commissions concerns are issues of the
grandfathering of the property, the retaining wall, phase sequence,
shellfish, pollution and wildlife and that Mr. Manual should be
prepared at the next meeting to answer these questions and that a
sketch of the retaining wall would be helpful.
Continuation of Public Hearinq: Birch Woods Drive
52, 53 & 54/house construction/David Walsh
Lot 46, 49,
Curt Young of Wetland Preservation, Inc. addressed the Commission
and updated the Commission on the pattern they took during the site
walk. Mr. Young stated that he has provided four revised site
plans for Lots 5, 8, 9 & 10. (Lot 49, 52, 53 & 54)
Jon Mazuy asked the distance from the stream to each of the
properties. Mr. Young stated Lot 10 has more than 100 feet
distance from the house to the road, Lot 5, the stream is
delineated 60 feet to the edge of the driveway, Lot 8 has
approximately 120 feet, and Lot 9 has approximately 100 feet. Mr.
y~ung.sta~ed that .the. larger.streamwasan intermittent stream and'
an intermittent ~tre~m has to fldw ~t least o~c~ durin~ {he year.
Mr. Young stated that the design of these homes are set up for
protection of these resource areas and that retaining walls will be
incorporated.
Chairman Lang asked if the Rivers Act applied to this project. Mr.
Young stated that he would have to figure that out.
Jon Mazuy asked if the soils in the banks of the house lots have
been tested. Mr. Young stated that extensive soil testing has been
done down in the lower back side of the property.
Chairman Lang stated that he is worried that water could get into
the basements and asked if the project will affect this situation
for better or worse. Mr. Young stated that the removal of the
piping system was to alleviate the water problem and that the
project is designed with detention basins to collect the rate of
discharge at or below current discharge, it will be reduced
slightly.
Pat Grimes asked if there would be a lot of filling in on Lot 10.
Mr. Young stated yes and explained that this lot grades down and
that they plan on filling it in with ledge, stone, sandy loom, etc.
Chairman Lang noted that Lot 10 was a very wet area and stated that
there is water where the garage will go and asked if it could be
reconfigured. Mr. Young explained that Lot 10 has been revised to
move the house and make it smaller.
A resident at 103 Cross Lane stated that the stream they are
referring to is a brook not a stream and stated that at no time of
the year is it dry.
A resident of Beverly asked if the location of the sewer line has
been changed.
A resident of Beverly stated that there is one more stream that is
not shown on the plan. This resident showed the Commission a video
tape he made showing another stream.
Gary Scavlin asked if there is enough change in the sewer to
require the Conservation Commission to review and stated that he is
concerned with sewerage and how the new sewerage will affect their
septic system.
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Mr. Hurt, 71 Cross Lane stated that his main problem was the
holding area and asked if there will be a control method and how
deep will the pond be at its highest level. Mr. Young stated a
detention pond will be installed with pipes for the water to be
detained and released slowly. Mr. Young also stated that the pond
will. raise to 3~ feet and explained that-.the pipe does allow the
water to co~e back .i~o the stream. ' ..
Mr. Hurt stated that the holding area adjacent to this property
doesn't have a drain and there has been no problems for four years
and that the water seeps naturally.
Mr. Hutt stated that the City of Beverly should consider in the
future that no brooks should be piped, and that the water table
needs to be controlled.
Stephen Crane, 3 Robins Road asked how will the storm drain be feed
and stated that stream stakes should be added to identify the
stream. Mr. Young replied that the storm drain will be gravity
feed.
Mr. Crane asked when was the home on Lot 12 built. Mr. Young
stated it was built before he was involved in the project.
Mr. Crane asked if they would be blasting and how much blasting
would take place. Mr. Crane asked specifically on Lot 9 & 10, will
the blasting impact the stream and adjacent wetlands and how much
material will be removed. Mr. Young responded he had no idea how
much blasting would that place that it varies from lot to lot.
Renee Mary, 274 Hale Street stated she has concerns about how much
rock will be blasted, that flooding was not considered, and that
the water flowing will continue under ground onto Thissel Street.
Ms. Mary stated she is also concerned with where the boulders will
be stored, what size trucks will be used to remove the boulders,
the safety of the residents and how many daily runs. Ms. Mary also
stated she has concerns regarding the length, width and depth of
the detention basins and asked what will the storing capacity be,
she stated that the water table will increase and asked how will it
get into the detention basin.
Mr. Young stated that houses are to be built, blasting will take
place on irregular terrain and that there have been calculations
made for drainage. Mr. Young stated that the blasting should not
affect the increase of the water table, the brook or the
intermittent stream.
Ralph Edelstein, 82 Boyles asked if the plan has changed from being
a forced main sewer to a gravity. Mr. Young responded he will have
to look.
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Mr. Hutt, 71 Cross Lane asked what provisions have been made in
regard to added water. Mr. Young stated that detention basins are
designed to catch current water run-off andany additional run-off.
Mrs. Hutt, 71 Cross Lane stated that she is concerned with excess
water run-off because this added water..will. land on her property
and stated that no provisions ha~ b&en made for residents on'the
opposite side of the brook. Mr. Young explained that a drain
culvert is being proposed.
Virginia McGlynn, Ward 4 Councillor stated that she does not want
to see one more drop of water in this area. Ms. McGlynn stated she
is not impressed with the holding ponds and stated that water will
go where it wants to.
Tom McAuliffe, 48 Boyles Street stated that he would like to know
what provisions have been made regarding water run-off for his
property/area and stated that the area is very marshy and he
doesn't want any more water.
A motion was made by Tony Paluzzi to continue the public hearing
pending another site visit scheduled for Saturday, December 14,
1996 at 11:00 a.m., and that more information regarding the River
Act is obtained and clarification from DEP, seconded by Pat Grimes.
Motion carries 4-1 (Jon Mazuy opposes).
New: Brookwood Road/utility work/Brookwood School
Thomas Kneedy, a civil engineer addressed the Commission and
explained that the school is under-going an expansion to add a
technologycenter. Mr. Kneedy explained that the school is located
in Manchester but the access road is in Beverly. He explained that
the water supply comes in from Manchester through an old 6" line
and that they are proposing, to install a new 10" line in
Manchester, bypass the 6" line and go straight up the street, into
the shoulder and across the brook. Mr. Kneedy stated that test
holes have been done to determine what type of soils are there,
that they will be excavating down and digging across the brook with
minimal disturbance, that the flat area trench would be 6' wide,
that there will be no stock piling issues, and that the excavated
soils will be loaded onto a truck and taken off the site.
Jon Mazuy asked if the brook would be affected. Mr. Kneedy stated
that they will not drive the equipment through the brook.
Jon Mazuy questioned if they would stop the flow of water. Mr.
Kneedy stated that they would divert a portion of the brook to
another side, put in that piping and vise versa.
Chairman Lang asked if they would be dewatering. Mr. Kneedy
responded yes, and explained that a dewatering system is already in
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the athletic field and that they are not expecting a heavy
dewatering area.
Chairman Lang asked if any one from the public wish to be heard.
Mr..M~Ginnis stated that he is concerned with water and Stated.that
he never had water. on his prOperty'until the 'athletic field was
built, he stated that the water table is delicate and that there is
no assurance what is going to happen. Mr. Kneedy stated that they
are not changing the flow of the brook or the grading.
Mr. McGinnis asked if they will be digging and questioned if the
water flow would be disturbed. Mr. Kneedystated that they are not
changing the surface of the ground, that they will be installing
culverts in the brook for a short section and then tunnel under the
brook.
A motion was made by Tony Paluzzi to continue the public hearing
pending a site visit on Saturday, December 14, 1996 at 10:00 a.m.,
seconded by Dr. Mayo Johnson and approved unanimously.
A motion was made by Tony Paluzzi to reconvene, seconded by Dr.
Mayo Johnson and approved unanimously.
Old/New Business
a. Attorney Alexander regarding Cressv property
Attorney Alexander addresses the Commission and updated the members
and stated that they are here tonight seeking input from the
Conservation Commission in regard to releasing management and
control of this parcel of land back to the City. Mr. Alexander
stated in return they will pay a total of $77,000 in back taxes to
the City of Beverly and deed the parcel to the City of Beverly.
Mr. Alexander stated that they would propose to buy only ½ of the
other parcel of land, of which the abutter has granted easements,
and they would propose to increase the recreational area and make
accessible.
Chairman Lang asked what parcel will be develop.
Alexander shows him on the plan.
Attorney
Pat Grimes asked who owned the parcel.
responded the Planters subdivision.
Attorney Alexander
Tony Paluzzi asked how many houses will be developed.
Alexander responded a total of six houses.
Attorney
Tony Paluzzi questioned if there would be parking for the public.
Attorney Alexander stated no parking will be provided, that they
are providing this area for the people in the subdivision.
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Dr. Mayo Johnson stated that this sounds like a better deal but
would need to think it over more.
A motion was made by Dr.
until the next scheduled
approvedun~nimously.
Mayo Johnson to continue the discussion
meeting, seconded by Tony Paluzzi and
415 Essex Street
Chairman Lang updates the members and states that he issued an
Enforcement Order on this property due to work being conducted with
heavy equipment and that the members need to retify his issuance of
the Order.
A motion was made by Dr. Mayo Johnson to issue an Enforcement
Order, seconded by Tony Paluzzi and approved unanimously.
413 Essex Street
Chairman Lang updates the members and states that erosion is
occurring at the site and again the Commission needs to ratify his
issuance.
Hurlburt states that the Enforcement Order issued was not the
current owner. The property has been sold recently to a new
residentand the members need not ratify this Enforcement Order but
must issue a new one.
A motion was made by Dr. Mayo Johnson to issue an Enforcement
Order, seconded by Tony Paluzzi and approved unanimously.
Certificate of Compliance
175 West Street
A motion was made by Dr. Mayo Johnson to approve the Certificate of
Compliance for 175 West Street, seconded by Tony Paluzzi and
approved unanimously.
27 Linden Avenue
A motion was made by Dr. Mayo Johnson to approve the Certificate of
Compliance for 27 Linden Avenue,' seconded by Tony Paluzzi and
approved unanimously.
Discussion/Decision:
Sensitech
123_ Brimball Avenue/buildinq addition/
A motion was made by Jon Mazuy to issue a positive Determination of
Applicability, seconded by Tony Paluzzi and approved unanimously.
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Discussion/Decision: 35 Standlev Street/soccer field/Warinq School
A motion was made by Jon Mazuy to issue a negative Determination of
Applicability, seconded by Dr. Mayo Johnson and approved
unanimously.
Adjournment
A motion was made by Jon Mazuy to adjourn, seconded by Pat Grimes
and approved unanimously.
Meeting was adjourned at 11:30 p.m.
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