1996-10-15BEVERLY CONSERVATION COMMISSION
MINLrrES OF MEETING
TUESDAY, OCTOBER 15, 1996
A regular meeting of the Beverly Conservation Commission was held on Tuesday,
October 15, 1996 at 7:00 p.m. at Beverly City Hall, 3rd floor, Beverly, Ma.
Those pr~nt were: Chaimmn Da~4d Lang Dr. Jolmson, Tony Palt~tzi, and Jon Mazay.
Consen,ation Administrtor Debbie tturlburt aud Eileea~. Sacco, Cl~rk.
Chairman David Lm~g called the meefiug lo order at 7:00 p.m.
APPROVAL OF MINUTF, S
Tho minutes of the meeting of Sopt~nnber 24, 1996 xvere preseatted for approval. Motion
made bx.' Tony Paluxzi to approve the minutes of the meeting of September 24, 1996.
BECESS FOR PUBLIC HEARLNG
Motion made by Jon Mazay to recess for the pmlYose of holding public bearings,
secondext by Tony Paluzzi. and approved tmanimonsly.
CONTINUATION OF PUBLIC HEARING - SHOR'I"MEAI)OW ROAD / PARKING
LO/PRIME RE.M~IYTRUST
David Lang read a letter fi'om Arthur Reed I. and Surveyors requesting that the public
heariug be continued to Nove~nber 13, 1996 so that the applicant can work out some
unresolved issues.
Motion made by Jon M~.ay to continue the pnblic hearing ~br Sho~neadow Road to
November 13. 1996. seconded by Tm~y Paluzzi and approved unaninmnsly.
CONTINUATION OF PUB!,]C I'tEAR1NG - 357 HALE STREET: BANK
REINFORCEMENT. POOL & ~DDITIONS - JOHN SHIELDS
Kurt Young of Wetlands Preseaw, alion addressed the Conunission and staled that since the
last meeling file Commission held a site inspection, lie recalled that he explained the
sequ,mce ofconslrucfior, at the silo inspection. Mr. Yonng slaled fl~al' a get,ex-tile fabric
will be u~ed kc'hi,~d llle rock to see that lhe soil slays back. He also slated Iba! they would
~.ts¢ rip rap and ha3 )ales. Mr. Young also sh~led flint sl;m¢ beds and crashed slone would
be brought on site, m~d tirol wouht act lo dissipate water in lllal location.
Mr. Young slaled lhal he discussed il're clmnges and meflwdology at fl~e sile inspection.
He also staled thai they would uot proceed wi~h any thrther with the establishment of tho
lerrace until fl~e Ctmmfission gives 11~¢ ge, ahead.
Daxid Laag asked if they need any other permits for the project. Mr. Young smt~ ~t as
l~g as the acfi~W is ~ ~e b~ and a~ve ~e ~ne~ hi~ fide, no oth~ ~i~ ~
ne~.
David l.ang reported that Commission member Richard Berwento who is unable to aRend
the meeting lhis evening, spoke with him mad stated that he believes tirol the project could
be done properly with the infonnaficn~ submitted.
David Dang read a lel~er into lhe record fi.om Fk',njamin Eiesnstadl; of 345 Halo SWeet
Beverly, MA., opposing lhe projeel. Mr. Eisenstadt also questioned the permitting
im)cess ltmt the applicmrl is pursuing, holing thal Ire feels thal all p~nnits should be in
place before they go to the Commission.
Mofion made by Jon Mazay !o close the public hearing, ~conded by Tcnly Paluzzi and
approved unanhnously.
5 M,'~RSHALL COURT - DEMOLFI'ION OF3tOME - CONSTRUCTION OF NEW
HOME
HarD.' Coffey addres~d lite Commission and stated that he is the owner of 3 and 5
Marshall Contr. He explained that be intends lo demolish the exisJing house and build
another home on the lot. He noted that the elevation would be 6 feet above high fide.
David Lang quesfioned how Mr. Coffey intended to po%ma thc demolition offlae
existing dwelling. Mr. Coffey stated llmt he would be dc~nolisbing rite structure mmmally
and using dumpsters and il will be taken away. He noted that it is a mnall house ~ith no
inside parfifious and they are only remoxing the ext~n/or walls. Dax4d Lang stated tlmt he
wonld have a concern about fire storage of the materials on the site.
Jon Mazuy.' questioned whether thc-3' would use the same location for the construction of
the new home. Mr. Coffey staled that he has a special pcb'mi! to use the same square
footage for the fi~'.tprint of the new home.
Dr. Jolmson asked if they wonld be remox,ing ll~e foun&ak~n of the hour. Mr. Coffey
stated that they are r~m'toving the fouudafion and it would be tak~ away lo be processed.
Dax4d Lang suggested that Mr. Coffey use a small roll offdmnpst¢~' for the r~moval of
the dirt fi.om the site. Mr. Colt;~y stated tlmt there would be very little dirt removed fi.om
the site as he does not' want to distu£n any mor.~ lhan he bas to.
Eh'. Johnso:~ sugg,:sted a site 'visit xx'oald be m ,.,me~ a ms. ttgge:.,ied ilia! i'bey coatinue the
public bearing l'c N,a'~mb.2:' 12, !996.
David Lang stated that he felt lhat th~:re was only a minor issne to resolve, thal being the
location of the dttmpster Ibr the removal of the dirt.
Mr. Coffcy stated that he could put a small dumpstor in the driveway at #3 Marshall
Courl. He also stated that he intends to hlstall hay bales and a silt fence. He also stated
that lie would see if he could put a dumpsl~r behvoon die two houses.
Grog Cahill of 4 Marshall Court addressed lbo Commission and asked if they ,^,ore
building a single fhmily house. Mr. Coffey slated that ill%' xvere.
Nomlan Step, art of 6 Webber Ave. addressed file Commission and slated flint he is in
a~e~ment xx'ifli the project.
Molion made by Tony Paluzzi to close 1he public hearing, seconded by Jon Mazuy and
approved unanimously.
Mol!on made b,x Ton5 Paluzzi lo reconvene, seconded by Jcn] Mazuy and approved
unanimously.
OLD,NEW Bt ~SI.NESS
Cs~rlifica~e 9f Compliance - ] 7 Ba,xxjew Ave~
Tony Paluzzi reported thai he vis!led the site and all apl.~ars t~, be in order. Debbic
Hurlburt slated dlal ~]e has a !etler of certification from the McLaughlin Construction
Company stating lbal the job is complete and die as buil~ plans have b~-en submitted to the
Plamfing Department.
Motion made by Dr. Johnson to issue a Certificate of Compliance for ! 7 Ba3Mew Ave.,
seconded b.¥ Tony Paluzzi and approved unanimously.
Phitps Conser~fi~n .~rea - Nathan Zoll
Mr. Nathan Zoll addressed the Commission m~d rzquesled permission to clear a small
x~ewing area fi)r residents to access to view ffJe area. He.. holed that it is a beaidithl area
and has a great view of Wenham Lake. Rcnee Mar,' noted thal the Boy Scouts were
maintai~ing the area.
David Lang stated ilia! th~ Commission would have ~o take a look and soo what type of
vegelation is there.
i'lruce Ox ~?t~:)n addressed !h,~ <':v. HIll!~:~i(Ol ll/'ld cxpl;.6:~:,t 1he plan~ Ix, repave !tie porking
Iol at I I~] Elliot Stree!. I:1¢ shc, xved ~'he Commiss],n'~ an .:r~.'blva! pholograph oflhe area
and holed &e flood plain. !Ie ~aaied ~h,u flley plan lo remove lhe building and finish the
pahng as well as fi!fish lhe landscaping. Nk Overson also explained fl~at they are
removing lhe old guard shack and ~cp!~mh~g il xx. ilh a m,,r'o pemmn;q~t i~lfi~nmdion booth.
He also noted that there wonld an ATM Madiine on tile ~operiy noth~g that lwo banks
have sign~ on as tenants.
Mr. Over.,on stated that they will be installing hay bales and a silt fence near Lower Shoe
Pond.
David I,ang questioned if they were installing any sediment control measures in the catch
basins.
Mr. Overson stated that fig}' did not replace any of the catch basins in the south end of the
prope~'.
Motion made by Dr. Johnson to close the public hearing, s~onded by Tony Paluzzi and
approved unanimonsly.
*Ir. Maestranzi - D.nham Road
Mr. Maeslranzi addressed fine Commission and noted thai he has conceded to tile x~ishes
oflhe Commission and hired a botanist l'o de~ennine xxt~at is on his properly. Mr.
Maeslranzi stated that file property was fla~v4ged and file soil was tested, mid a complete
written repfa~ would bo forlhcoming. Mr. Maesltanzi s~ated fliat he did not ~ t~t ~e
ar~ h~ question wotfid fill un&~ Consemtfion Commi~skm jurisdiction.
David Lang stated lhat the Conlmisskm t:eeds to see lh,~ results of the testing mid
de:ermine file volume of waler ~.hat is held there, b¢fi)re making that determination. Ho
noted fl~al this intbnnafion wonld bo a start and fliai this land could be Isolated Land
Su~jec.1 Io Floodh~g.
l~ssex County Greenbelt
Ed Beck,a' represcqtin~ Essex Counb' G;eenbelt addr¢ssed file Commission and explained
fl~at the) are a non Wofil land m~s~ a;~d he l~ts a proposed resn'icfion on prop~' h~
Beverly Ihat he would Ilk, fl~e Conservam:,n Commissic,n to ~dorse. He staled flint the
land is al fl~e comer of q~istle S~reet and Cmnmon lame and is mined by San Vauglm.
He also sta~ed fha1 th;~e is a Cons~'afion oascm~enl tm fl'~e prope~, of Clapp flint was
granted ~'o ye~s ago.
.~ Ir. Becker explained that lhe reslriclion would contribt~.e lo a corridor of open space
along with other land in the area. He noted tha~ the land would remain private and tho
restriction does n,q have public access.
Da:.'/d Lang ',skc.! wh:d h,?nclits Ibc tm',pccl.x.· ox::.,et geA:; by agreeing to the rcs0Action.
Nit'. Bc:.:kcr SI'&I*;.t" ............. 1 · , ~' ' , .... _
it,a, :Lc.,, a~c ,.,sim.: t:.:x .,,. ,,~.h, It,' s,,,Ica fha there is probably
~ t, a ~ ::et lu need I,, be addresseu fl~e City Assessor.
Motion made by Dr. Jolmson to endow'se tile Consen :ilion Restriction, seconded by Jon
.Xlazuy and :tpproved unanhn,;,,~.s!v...
4
BEVERLY CONSERVATION COMMISSION
MINLrrEs OF MEETING
TUESDAY, OCTOBER 15, 1996
A regular meeting of the Beverly Con~rvation Commission was held on Tuesday,
October 15, 1996 at 7:00 p.m. at Beverly City Hall, 3rd floor, Beverly, Ma.
Tbog present were: Chaim~an David I..ang, Dr. Jobalsc~l. Tony Paluzzi, and Jon Mazay.
Consen,afion Admiuislrtor Debbie tiurlburt and Eileen Sacco, Clerk.
Chairman David Lang called lhe meeting to order at 7:00 p.m.
APPROVAl, OF MINLWES
The minutes of the meeting of Seplember 24, 1996 were presented Ibr approval. Motion
made ~' Tony Paluzzi to approve lhe minutes of the meeli,ag of September 24, 1996.
RECESS FOR PUBLIC HEARING
Motion made by Jon Mazay to recess for the purpose of holding public heatings,
seconded by Tony Paluzzi. and approved tmanimously.
CONTINUATION OF PUBI..IC HEARING - SHORTMEAI)OW ROAD .' PARK1NG
LOT PRIME REALT~I~..TI~UST
David Lang read a letter fi'om A_rthur Reed I.and Surveyors requesting that the public
hearing be continued Io November 13, 1996 so that file applicanl can work out some
unresolved issues.
Motion made by Jma Mazay to continue the pnblic hearing fi.~r Shortmeadow Road to
November 13, 1996. seconded by Tony Palnzzi and approved unaninmusly.
CONTINUA'FION OF PUBLIC HEARING - 357 HALE STREET / BANK
REINFORCEMENT. POOL & ,:~D. DrFIONS - JOHN SHIELDS
Kurt Young of Wedands Preservation addressed the Commission and staled flint since the
last meeting fl~e Commission held a site inspection. He recalled that lie explained lhe
sequ~mce of conslmcfion atthe site imFeclion. Mr. Yonng staled that a geotextile fabric
will be u~ed kelii,d the rock to sec that lhe soil stays back. He also, slated Ibal they would
tis,', rip rap and hay bales. Mr. Young also stated Ilu'i slime beds and crashed s~one would
be brought on site am! that would act Io dissipate ,xater in thai localion.
Nh'. Young staled lhat he discussed lhe changes and me.'-hodology at the sil¢ inspection.
He also slalod ihal they would not proceed with any fi. trther wilh the e.~tablishm~lt of the
lerrace until the Commission gives the ge, ahead.
David Lang a~ed if th~' need any other permits for the project. Mr. Ymmg slal'ed that as
long as tbe acti~Aly is on the bank and above the mean high tide, no other pemfits are
needed.
David Lang reported that Commission member Richard Benvento who is unable to altond
the meeting this evening, spoke with him and stated that be believes that lite project could
be done prop~ly with the inftmnation suhnitted.
David Lang read a leller into the record fiom Be, njamin Eiesnstadt, of 345 Hale Street.
Beverly, MA.., opposing the project. Mr. Eisenstadt also questioned tbe permitlh~g
process that Ihe applicanl is pursuing, noting thai he feel.,.' lhat all permits should be in
place before they go to lite Commission.
Motion made by Jon Mazay to close the public hearh~g, seconded by Tony Paluzzi and
approved unanimously.
5 MARStL'M~L COURT - DEMOLITION OF I-tOME - CONSTRUCTION OF NEW
HOME
Haro.' Coif%' addrcs~d the Conmfission and stated that he is the owner of 3 and 5
Marshall Courl. He explained lhat be hdends lo demolish the existing hon~ and build
another home on 1he lot. He noted that the elevation would be 6 feet above high fide.
David Lang queslioned how Mr. Coffey intended to perform the demolition of the
existing dwelling. Mr. Coffey stated that he would be d~nnolishing the slmcture manually
and using dumpsters and il will be taken away. He noted thal it is a m~all honse with no
inside partitions and they are only r~noving the ~.'xt~ior walls. Dax4d Lang stated lhat he
would have a concern about the storage of the materials on the site.
Jon Mazuy questioned whether lhey would use thc same location for the conslrucfion of
the new home. Mr. Coffey staled lhat he has a special p~mil to use the same square
footage lbr fl~e fi',otprinl of the new home.
Dr. Jolmson asked if they would be removing th~' fot,ndati~n of the house. Mr. Coffey
stated that lhcD..' are r,m-toving the foundalim~ and it would be taken away to be processed.
David Lang suggested that Mr. Coffey use a small roll offdumpster for the r,moval of
the dirt fiom the site. Mr. Coffey stated that there would be very little dirt removed from
the site as he docs not want lo distu£n any: more lhan be has to.
Dr. Jolmson st,,2-'g,:s~ed a site 'visit. would be in order aud su!..,ge.,ied that they contim~e the
public hearing to; Noxcmb¢:' 12, !9:)6.
David 1. ang slated that he felt tha'~ Ihv~re v~:as only a minor issue to resolve, thal being the
location of the dumpsler for the ronoval of fl~e dirt.
Mr. Coftby slated that lie could put a small dumpst~r in the driveway at #3 M~shall
Court. 1% also stated that he intends to install hay bales and a silt fen~. He also stated
that lie would ~ if he could put a dumpsler betw~n the two houses.
Greg Cahill of 4 Marshall Court addressed the Commission and a~ed if they were
building a single family house. 5,ir. Coff~' slated that they w~re.
Nomlan Sl'e~art of 6 ~bbor Ave. addressed !he Conunission ea~d stated that he is in
agre~nen! xx'ith the pr~ect.
Mol!on made by Tony Paluzzi to close !he public hearUlg, s~conded by 3on Mazuy and
approved unanimously.
Molion made b5 Ton)' Palu~i to recom~ene, s~conded by Jell Mazuy aM ap~vod
unauimously.
OLD,NEW BUS/NESS
C~ifica:e of Constance - 17 B~;Jexx. Ave.
Tony Pah:~i r~pofled thai lie visil~ file sil~ and all apl.~s k, be in ord~. Dobbi~
Hudburt slated thal sh~ has a !eO~ ofce~fica~on from !lie McLaughl/n C~s~ucliou
Company stalJllg ileal file job is complete aM fl~e as buill plans I~v~ been submi~ to the
Pla~ng Dep~,mt
Motion made by I~. Jolmson to iss~:e a Ceflificate of Compliance for 17 Ba)Mew Av~.,
s~nded b~ Tony Palt~i and app~x~v~d miauimously.
Philps Conse~'al'~.~a - Na~m~
Mr. Nathan Zoli addressed the Commission a~d requested permission lo clear a small
· ~ewing area ~r rvsiden~s lo access lo view lhe alea. He holed that it is a beaulififl
and has a great viexx' of Wenhmn Lake. R~n~ee Mary noted fllal the ~y Scouls
maintaining the area.
David Lang smt~ thai th~ Commission would h~x'e to lake a look and see what ~'pe of
vegetation is
lot al 181 gllk~' S~'¢el. }}g s~owed 'd~¢ C,_,mmissi,.,n a~ .:.rdfiva[ pho~ograph
and nol~ fi~e llood plain, fie slated ~hal flley plum lo rtn~ove lhe building m~d finish th~
pa~Sng as well as fi~fish Ihe landscaping. Mc Overson also explained fl~at they are
removing il~e c,Id guard shack and vep!ach'~g i~ xx. ill'~ a mo?;. pen~ai,e~t inJbm~afion boolb.
3
He 'also noted that there would an ATM Machine on the pro.n3, noting that two banks
lmve signed on as l~ants.
Mr. Ov~rson stated that lhey will be installing lmy bales and a silt fence near Lower Shoe
Pond.
David I,ang questioned if they were installing any sedimem ¢onlrol measures in the catch
barns.
Mr. Overson stated that they did not replace any ofthe calch basins in the south ~d of the
properly. '.
Molten made by Dr. Jolmson to close the public hearing, seconded by Tony Paluzzi and
approved mmninmusly.
Mr. Maos~ranzi - Dmtham Road
Mr. Maestrm~i addressed file Commission and noted lhat he has conceded lo the wishes
of the Commission and hired a tx~tantst to determine ~x~at is on his ~op~'. Mr.
Maeslranzi slated ~t the properly was fia~ed and the soil was tared, and a complete
wrinen repoia would be forthconfing. Mr. Maestrat~i slated that lie did not ~ that ~e
ar~ in queslion would fall und~ Conservation Commi~siou jurisdiction.
David l..:mg stated that the Commissic~ needs to see lbo [emits of the testing mid
dc~.ennine flw volume of water that is h~ld there, befi-~re makh:g that detmnination. He
noted tha! this intbnnation would be a start m~d. that this land could be Isolated Lind
Subjecl lo Flotxting.
County Greenb~ll
Ed Backer rept-escn!in~ Essex Counb' (h~eenbelt addressed the Commission and explained
flint lhe.x are a non i.,~x~fil land tins? a~',d he has a propo.sed restriction on property h~
Beverly lhal he would like Il~e Conservation Commission to ~.-ndorse. He staled that the
land is at file collier of lltislle S~recl: and Connnon l.ane and is owned by Sam Vauglm.
He also staled thal there is a Conservation eascm~ent on fl're property of Clapp that was
granted m'o 3'ears ago.
Mr. Becket explained flint lite restficlion would contribtp.'e to a corridor of op~ space
along with oilier land in the area. He noted lha~ file Ired would remain private and the
reslriction does no! have public acces;.
l)a::/d L:mg asked wh:d l.eal¢fils the prc,pc.:t.x, oxx':'~et ~.~1::. b.x agreeing lo the restriction.
..M:'. B,..:ker st, aec! tim; fi~e.'¢ a~e ~sl':'t!::~ ~:ix be~efils lie sliilcd Ihal there is probably
much cimng, in fl~e propcrt.¥ I:lxe,: b, fi ll~.al would need t,, be addressed the CID.' 2~.ssessor.
Motion made by Dr. J'olm,,on Io endot'se ilxe C(,nsen. ation Restriction. seconded by Jori
Mazu3' ap_d approved
4
44 River Street- .Amended OMer of Conditions - Boslon Oas
Joe Higgins ofE~ Tech and Sandy Taft of Boston Gas addrear, ed file Commission and
requested lhat the Order of Conditions issued for 44 River Slre~t bo amended. Mr.
Higgins explained fl:at riley are removinl~ an und~ground storage tank, and a portion of
file tank is in lhe flood plain. Afr. Higgins estimated flint file process would take lhreo
days to complete, m~d lhey would sleek pile file mercurial t}om lhe excavation outside of
the butter zone.
Dax'id I.ang a.~ed if the storage rank leaks. Mr. Higgins staled filet file lank Ires lgen
te~ed m~d fl~ere are no leaks, He also noted 1hal filer¢ is no ex4d~le.e ofco~tamination on
file site.
Mellon made b)' Jon Xiazu3' !;)mod, il~. · fl:e Order of Conditions for 44 River Slreel;
~¢onded b.x. Tony Paluzzi and apln'Ox'Od maanimously.
ORDERS OF CONDITION S
357 Hale Slroet
Standard Coastal Conditions - ,x'ith special condifitms
No sl(~ne or botdd~.'rs ~all lye pia¢¢.,I or n~oved below fl~¢ Mean High 'vVater level.
~ Marshall Court
Standard Coat. al Condilions
The location of file dun;psler J~r dcl~;'is and dirl ren~oval shall be adhered to as Jl~diealed
on file plan.
151 Elliot Slrec, t
S*andard Order of Conditions
'lllere being no fi~rther business to como before lhe Conmfission al fllis lllleefi:lg, :1 motion
was made by Dr. Johnson Io a~tjoum Ibc meeling, secouded b.x,' Tony Paluzzi and
approved u~mnin~c'.u sly.
The meeting w::s ad. journed al. D):00 p.~'L
l{ospectl~ll.x.' st:bndrled b.x,':
Eilecn X:l. Sa¢cc,
,-~cliug C Iea'k