1996-11-12BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
TDESDAY, NOVEMBER 12, 1996
A regular meeting of the Beverly Conservation Commission was held
on Tuesday, November 12, 1996 at 7:00 p.m., 3rd Floor of Beverly
City Hall.
Those"-present' were:'."Dr. Mayo Johnson,Jon Mazuy, Tony Paluzzi,
Richard Beneveto and Jay Donnelly. Also present were Assistant
Planning Director Debbie Hurlburt, and Susan Akerman, Secretary to
the Commission.
Tony Paluzzi chaired the meeting.
The meeting was called to order by Chairman Paluzzi at 7:00 p.m.
Discussion: Dunham Road/Maestranzi
Mr. Maestranzi addressed the Commission and stated that he has
hired a botanist, Robert Prokop, who is present tonight to explain
his findings and answer any questions. Mr. Maestranzi turned the
presentation over to Mr. Prokop.
Robert Prokop of Wetland Consulting Services, addressed the
Commission regarding the vernal pool and stated that he went out to
the site on September 18, 1996 and flagged approximately a three
acre area of wetlands and stated that he submitted a plan that
shows the boundaries of the wetlands/vegitation area. Robert
stated that he did a two week survey of the wetlands area and
explained that it was determined that the maximum level the water
would reach would be 46,000 cubic feet. Mr. Prokop also stated
that based upon his calculations the ponds are to small to hold
enough water to be jurisdictional as a resource area and that less
than 1/8 of the volume of water appeared.
Jon Mazuy asked if the pond was overflowing and where did it go.
Mr. Prokop explained that it did overflow and showed the area it
flowed to on the map.
Jon Mazuy asked Mr. Prokop if he went down into this area.
Prokop stated several 100 feet.
Mr.
Richard Beneveto asked what is the total volume of wetlands.
Mr. Prokop stated that the maximum height was 61 validations.
Richard Beneveto asked if the ponds ended up flowing into the
wetland area. Robert stated no and explained the ponded areas and
the limits of the area.
Dr. Mayo Johnson asked if Mr. Prokop's position is that this is not
a resource area. Robert stated that is correct.
Dr. Mayo Johnson asked if the pools could be protected even if not
an isolated jurisdiction. Robert explained that that would be up
to Mr. Maestranzi.
Mr. Maestranzi addressed the Commission at this time and stated
that less than 1/8 of water is needed to qualify as an isolated
land and asked the Commission to lift the ceast and desist order.
Dr. Mayo Johnson stated that he would like to see reference from
the State. Mr. Maestranzi gave Mayo Johnson a letter from the
..State.Tegardingcerti. fied.vernal.~ool.e~d. stated thatit .does not-
qualify.
There being no further questions or comments regarding this matter
a motion was made by Jon Mazuy to hire an expert/engineer to check
more specifically the findings and determine if this is a validated
wetland area, seconded by Mayo Johnson. Motion carries 3-1.
Motion made by Jon Mazuy to recess for the purpose of holding
Public Hearings, seconded by Mayo Johnson and approved unanimously.
Public Hearings
Continuation of Public Hearinq - Shortmeadow Road/Parkinq lot/Prime
Realtv Trust, II.
A motion was made by Richard Beneveto to continue the public
hearing subject to notifying Prime Realty Trust that this matter
will be acted upon by the next meeting, seconded by Jon Mazuy and
approved unanimously.
Public Hearing -__4Foster Street/Camp dwelling/Spar & Spindle Girl
Scout Council
John Hirtle of the Spar and Spindle Girl Scout Council addressed
the Commission and stated that Brian McClear and Bill Holt
were also present tonight. John ~irtle explained the history of
the site and stated that they are interested in being able to
proceed with the major renovations/updating to the property. John
Hirtle also stated that the wetlands have been flagged.
Brian McClear addressed the Commission and explained the
renovations/updating that would take place.
Richard Beneveto asked what size sewer they are proposing. Brian
McClear stated that a 4 foot gravity sewer will be installed.
Richard Beneveto asked if any of the work being proposed will take
place in the wetlands. Brain McClear stated no.
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Richard Beneveto asked what is the elevation of the road and if hay
bales were at the base of the slope. Bill Holt stated the
elevation is 57" and yes, haybales are at the base of the slope.
Richard Beneveto asked how do you plan on stabilizing the slope.
Bill Holt stated by seeding it.
Richard Beneveto questioned where will the excavated material go.
Bill Holt explained that they plan to bring it to the back of the
site and place haybales around it.
Richard Beneveto stated that submitting a construction phasing plan
regarding the excavated soils would be helpful.
Tony Paluzzi asked when do you plan on raising the building. John
Hirtle explained that they would like to put in the new foundation
now so construction of the building can take place over the winter
and the facility could open next fall.
Jon Mazuy stated that he would like to see a plan showing how they
intend to pump the water from one location to the other and what
type of sedament area it will be pumped into. Bill Holt stated
that they would submit a plan.
There being no further questions or comments regarding this matter,
a motion was made by Richard Beneveto to close the public hearing,
seconded by Jon Mazuy and approved unanimously.
Public Hearinq - 10 Foster's Point/house addition/Georqette Rimer
Scott Thompson addressed the Commission and explained he was here
tonight on behalf of his fiance Georgette Rimer, and stated that
they are seeking approval from the Commission to contruct an
addition to the existing house dwelling and construct a 14x16' wrap
around deck with an enclosed porch. Mr. Thompson explained that
the property is located within a coastal wetland area and that
there is a stone wall existing but he is proposing to place
haybales and a silt fence along the wetland area to further protect
the area. Mr. Thompson also stated that any excavated materials
will be taken off the site.
Jay Donnelly asked if there is a 100 foot boundary. Mr. Thompson
responded yes and outlines the area on the plan.
Richard Beneveto asked if the grass area was between the salt marsh
and the lawn. Mr. Thompson explained that the area is flat and
that there is natural vegetation there.
Tony Paluzzi questioned if the water level by the house would rise
to 50' high. Mr. Thompson stated that the water level will get
above 50' during a full moon and explained that is why he is
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proposing to have haybales and a silt fence installed. Mr.
Thompson also stated that the area is located within a flood plain.
Richard Beneveto asked if the deck was going to have a foundation.
Mr. Thompson stated no it will stand on piers.
Chairman Paluzzi asked if there was anyone present at the meeting
who would like to comment upon this proposal.
Richard Connolly, 12 Foster's Point addressed the Commission and
stated.he i.s concerned with.the lew .spot that-is ~ocated between
his property and the property at 10 Foster's Point and asked how is
the construction going to affect this low land area. Mr. Thompson
explained that his property is at a lower elevation and that the
addition is not going to disturb the water flow and will not go
above and spill onto your property.
Mr. Thompson explained that the grades are not going to be
affected, that it will flood as it normally does and that the
foundation will not cause the water level to increase.
Richard Beneveto explained to Mr. Connolly that Mr. Thompson's work
is proposed outside the 100 year flood zone.
There being no further questions or comments regarding this matter
a motion was made by Jon Mazuy to close the public hearing,
seconded by Jay Donnelly and approved unanimously.
Public Hearinq
Corbett
Porter Street Extension/House construction/Max
Bill Manual of Hancock Environmental addressed the Commission and
explained that the proposal is to construct a single family
dwelling with access from Porter Street Terrace and to construct/a
deck off the rear of the house on the water side and to construct
a walk out basement.
Mr. Manual described the site and stated that the existing lawn
area is level, that a rip rap bank would be placed by the wetlands,
that they will maintain the stability of the coastal bank, and that
all construction will take place on land.
Jay Donnelly noted that there is a steep slope and that it would be
subject to erosion if the foundation was not carefully designed.
Mr. Manual stated that the foundation was properly designed.
Richard Beneveto asked what will be the depth of the sewer and how
far from the coastal bank. Mr. Corbett stated that the sewer will
be installed approximately 12' down and that it will be
approximately 7' from the coastal bank.
Richard Beneveto stated that he would like to see that the plans
are submitted to the Administrator for review and that he would
like to look at the property.
Chairman Paluzzi asked if there was anyone present who wished to
speak on the proposal.
Mr. Goodwin, 8 Porter Street addressed the Commission and asked how
they are going to determine the grade between her property line and
further up and how much excavation will be done. Mr. Manual
explained-t.hat the grade-oN her.property won~t.be touched~-and...that..
the slope will be loomed and seeded. Mr. Manual also stated that
very little excavation will be done.
Mr. Goodwin asked how far from the property line will the driveway
be located and is it going to be sloped down. Mr. Manual stated
that the driveway will be installed approximately 2-3 feet from the
corner and that the parking area will be raised up.
Mr. Goodwin questioned the frontage of the house. Mr. Manual
stated that it will be 30 feet with a 20 foot minimum.
Mr. Goodwin asked how close to his property line. Mr. Manual
stated approximately 15 feet.
A resident of Beverly stated he is concerned with the layout of the
land in regards to how the water will run-off. Mr. Manual stated
the grade will be untouched, it stays the way it is.
Mr. Goodwin asked if a retaining wall was going to be built. Mr.
Manual stated that the house would basically serve as a retaining
wall.
A resident of Beverly explained that he is concerned with drainage
and that a swale is located near this area and asked if trenches
are going to be installed between the houses. Mr. Manual stated he
was not sure if trenches were necessary.
There being no further questions Or coFaents regarding the matter
a motion was made by Richard Beneveto to continue the public
hearing to the December 10, 1996 meeting subject to a site visit to
take place on November 23, 1996 at 9:00 a.m. at Porter Street
Extension, seconded by Jon Mazuy and approved unanimously.
Public Hearinq - Birch Woods Drive Lot #46, 49, 52, 53 and 54/house
construction/David Walsh
Kuct Young of Wetlands PreServation, Inc., addressed the Commission
and stated that there was a modification to the Notice of Intent
and explained the proposals to construct Lots #46, 49, 52, 53 & 54
and stated that it is a 13 lot subdivision. Mr. Young explained
that two roads, Birch Woods Drive and Spruce Run, will be
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associated with the construction of this subdivision. Mr. Young
also stated that the wetlands will not be impacted.
Richard Beneveto asked if all the work has been done on the
superseding order. Mr. Young responded no.
Richard Beneveto asked if the order was still outstanding.
Young responded yes.
Mr.
Richard Beneveto asked if Mr. Young was presenting issues as they
will.pertain to the-house'lots. .Mr,.Young stated yes..
Jay Donnelly asked when the entire subdivision is finally developed
will there be any changes in the quantity of water flow. Mr. Young
stated that there will be no flow change and explained that the
system is being set up to provide control of site water run off.
Richard Beneveto asked if there are conditions in the superseding
order to have haybales placed on the site. Mr. Young explained
that a Status Report and an Erosion Control Program were available
for review.
Richard Beneveto stated that he was concerned with protecting the
resource areas.
Tony Paluzzi asked if the retention basin was only being installed
on Lot #46. Mr. Young explained that the whole project will be
installed with a retention basin.
Tony Paluzzi asked if there had been any impact since the last
storm. Mr. Young stated he has not been out to the site since the
last storm.
Richard Beneveto asked who will maintain the detention basins. M~.
Young responded the City.
Chairman Paluzzi asked if any member from the public wished to be
heard.
Bill Bruce of 81 Cross Lane asked if there were any changes from
the original stipulated plan regarding the road and infrastructure.
Mr. Young stated that the plan is entirely consistent with the
original plan.
Bill Bruce questioned the sewer
explained that a pump station will
will be brought in.
line connection. Mr. Young
be installed and a force main
Gary Seattle who is an abutter asked if the original calculations
done included displaced water run-off. Mr. Young stated yes and
explained that no lot will be developed without a 3,800 square foot
inpervious area.
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Gary Seattle asked if the infrastructure has been completed in
order to build the proposed five houses. Mr. Young stated that
permits have been obtained for the road and for the infrastructure.
Gary Seattle asked if the roads and the sewer system will be
installed for the entire project at one time. Mr. Young responded
yes.
Gary Seattle stated that he has an on going concern with the
project because there is a frequent water problem and that the area
..... is very-wet'all .year.around. .............. .-
Renee Mary of 274 Hale Street, addressed the Commission and stated
she has concerns with the brook and underground drainage and asked
if the public was able to investigate this project. Mr. Young
stated he would have to check with the owner and explained that
there will be no drainage from this subdivision that would flow in
an easterly direction.
Bill Carter of 93 Cross Lane asked if all the other 11 lots will be
developed. Mr. Young responded yes.
Bill Carter asked if the sewer line has been changed from the
original plan to now run through Spruce Lane. Mr. Young stated
that he was not on top of that particular aspect of the project.
A resident of 103 Cross Lane asked when is the construction going
to start. Mr. Young stated that not much will take place now that
there will be construction next spring but also stated that
portions could happen at any time.
Karen Hubbard of 117 Cross Lane stated that she is concerned with
the water and stated that the water has to go somewhere. Mr. Young
stated that they have taken that issue into account and that the~
will be no affect on other people's property.
Richard Beneveto asked if the entire subdivision will drain into
the detention basin. Mr. Young responded that most will and
explained that the detention basin proposed is a specific system
designed to control discharge of the site and that the rate of run-
off will be either at or below the current run-off rate.
Virginia McGlynn Ward 4 Councillor addressed the Commission and
stated that this area has many water problems and she wants a
gaurantee that the catch basins are going to work. Mr. Young
stated that the Conservation Commission has reviewed and approved
the design under a previous Order of Conditions.
There being no further questions or comments regarding the matter
a motion was made by Jon Mazuy to continue the public hearing on
Lots #46, 49, 52, 53 and 54 until the December 10, 1996 meeting
subject to a site visit to Lots #46, 49, 52, 53 and 54 On November
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23, 1996 at 10:00 a.m., seconded by Jay Donnelly and approved
unanimously.
Motion made by Jon Mazuy to reconvene to regular session, seconded
by Jay Donnelly and approved unanimously.
~equests for Determination of Ap~licabilitV
New: 35 Standlev Street/soccer field/Warinq School
· .'. .... A representative from Waring School addressed the' Commission' and ' '.'
explained that there is a 70-75 yard long soccer field that already
exist and that the school is looking to extend it into a regulation
field. He explained that they are here tonight to suggest a site
visit. He stated that two other representatives from the Waring
School are also present tonight.
Richard Beneveto asked how close do people get to the wetlands.
Paul explained that there is a mowed area where the team stands,
but not graded for athletic use and the fans are at the other side
of the field.
Richard Beneveto asked if there would be any filling in. Paul
responded no.
Richard Beneveto asked if there will be any reseeding done in the
Spring. Paul responded yes.
Richard Beneveto questioned if they planned on installing silt
fencing and haybales at the edge of the woods. Paul responded yes.
Richard Beneveto asked how many trees would be cut back, and if it
is outside the buffer zone. Paul stated about five trees and that
they would all be within the 100 foot buffer zone. Y
Richard Beneveto asked where the wetlands are located. Fran
explained that the wetland area has been flagged and that there is
fencing (chicken wire) along a good portion of the wetland area-
There being no further questions or comments regarding this matter
a motion was made by Richard Beneveto to continue the discussion to
the December 10, 1996 meeting pending a site visit to review the
area on November 23, 1996 at 9:30 a.m., seconded by Jon Mazuy and
approved uninamiously.
Old/New Business
Eaton Corporation
Debbie Hurlburt addressed the Co~nission and updated the members
and stated that Eaton would not be here tonight.
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3 Gavin Circle
Tony Paluzzi updates the Commission and explained that Mike Allen
notified him and stated that he was concerned with the over flow of
water that flows into the pond and the erroded wall. Tony Paluzzi
explained to the members that the water came from Wellington Green
Brook. The Members indicated that the unusual rain that we
recently experienced could have assisted in this matter.
318R Cabot Street
Debbie Hurlburt updates the Commission and explained that she
received a call that trees were being cut down in a wetland area
and that a letter was written that this area is in the Co~unission's
jurisdiction, and that the matter was being taken care of.
Other
Debbie Hurlburt suggested to the Commission that they appropriate
money to hire an expert to review Mr. Prokop's documents and do a
site visit.
A motion was made by Jon Mazuy to set an amount of $500.00 for the
hiring of an expert for this task, seconded by Dr. Mayo Johnson.
Motion carries 3-1.
Order of Conditions
4 Foster Street/camp dwellinq/Spar & Spindle Girl Scount Council
The Commission voted 5-0 to issue standard conditions for the
project, and in addition they should submit a construction sequence
plan prior to work cozunencing and submit a dewatering contingency
plan to include where the discharge location and the method gf
transferring water from the excavation site to its terminus; to
identify the area where stock piling excess material will be and
that no excavated material shall be stored on roadway; that all
side slopes shall be stabilized with jute netting until side slopes
are stablized with vegetation; that all demolition materials shall
be removed from the site immediately; there shall be no stock pile
of construction debris; and 10 haybales shall be maintained on site
in the event that they are necessary.
10 Foster's Point
The Coremission voted 5-0 to issue standard coastal conditions for
the project, and with the exception of what is shown on the plan,
the grading shall be maintained.
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Certificate of Complaince
30 & 32 Tozer Road
A motion was made by Richard Beneveto to grant the Certificate of
Complaince for 30 & 32 Tozer Road, File # 5-495, seconded by Jay
Donnelly and approved unanimously.
37 Tozer Road
A motion was made by Richard Beneveto to grant the Certificate of
Complaince for 37 Tozer Road, File # 5-498, seconded by Dr. Mayo
Johnson and approved unanimously.
150 Sohier Road
A motion was made by Richard Beneveto to grant the Certificate of
Complaince for 150 Sohier Road, File # 5-502, seconded by Dr. Mayo
Johnson and approved unanimously.
A motion was made by Richard Beneveto to grant the partial
Certificate of Complaince for 2 Arrowhead Lane, File # 5-204,
seconded by Dr. Mayo Johnson and approved unanimously.
There being no further business to come before the Commission at
this meeting, a motion was made by Richard Beneveto to adjourn the
meeting, seconded by Jon Mazuy and approved unanimously.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted by
Susan D. Akerman
Secreatry to the Commission
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