1996-09-24BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
TUESDAY, SEPTEMBER 24, 1996
A regular meeting of the Beverly Conservation Commission was held
on Tuesday, September 24, 1996 at 7:00 p.m. in the Committee Room,
3rd Floor of Beverly City Hall.
Those present were: Dr. Mayo Johnson, Jon Mazuy, Patricia Grimes,
Tony Paluzzi, Richard Benevento 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.
Motion made by Dr. Johnson for approval of August 20, 1996 Minutes
of Meeting subject to spelling corrections, seconded by Jon Mazuy
and approved unanimously.
Motion made by Jon Mazuy for approval of September 3, 1996 Minutes
of Meeting, seconded by Dr. Johnson and approved 5-1. Richard
Benevento abstains, was not at meeting.
Motion made by Jon Mazuy to recess for the purpose of holding
Public Hearings, seconded by Dr. Johnson and approved unanimously.
Public Hearings
Public Hearing - Shortmeadow Road Parking Lot
Chairman Paluzzi reads letter to Commission from Building Inspector
dated September 20, 1996. (On File).
Richard Benevento addressed the Commission and commented on the
letter and stated that in his opinion the Commission should review
the proposal from a wetland point of view, either accept or deny,
issue an Order of Conditions, and leave the legal issues up to the
appropriate authority.
Alan Ayers addressed the Commission on behalf of the owners and
explained that the owners purchased this commercial property on 11
Dodge Street and would like to retain Lots #37 & #38 for expansion,
utilizing the area for parking then transfer the remaining land
over to the Conservation Commission.
Richard Benevento noted that according to the letter there will be
some sort of variance and stated that #8 of the Notice of Intent
asked if they have obtained permits, variances, and approvals
required by Local By-Laws. Mr. Benevento questioned their response
which was obtained, applied for, not applied for, indicated none
required. Mr. Ayers stated that they did not realize that they
needed a variance.
Mary Rimmer, of Rimmer Environmental Consultant, addressed the
Commission and suggested that since there is a zoning conflict they
would like to resolve that issues before they go any further.
There being no further questions or comments regarding this
proposal, a motion was made by Jon Mazuy to continue the public
hearing to October 15, 1996, seconded by Pat Grimes and approved
unanimously.
Public Hearinq - 357 Hale Street
Curt Young of Wetland Preservation, Inc. addressed the Commission
and reviewed the site plan and stated that there is an erosion
problem and soil is being washed out. Mr. Young explained that the
work being proposed would involve going down to the bottom of the
slope just above the high water mark and place large boulders at
that location to alleviate wave action. This work will be done by
Drinkwater Construction. Mr. Young adds that this proposal is also
for the construction of a swimming pool and landscaping.
Hugh Collins addressed the Commission and explained that the
coastal bank will be reinforced with boulders, he reviewed the
location for the swimming pool and retaining walls and noted that
the owner is contemplating an addition, but the primary issue is
the retainment of the coastal bank.
Pat Grimes asked Mr. Young when the contractor is excavating, how
the land will be stabilized. Mr. Young stated he intends to have
Mr. Drinkwater available at the site walk to explain to the
Commission in more detail on how he intends to lay the rock.
Jon Mazuy asked if they plan to remove the existing boulders. Mr.
Young stated temporarily and explained that they will be placing
all the stones above high water.
Richard Benevento asked if the construction company is going to
stage their work during low tide. Mr. Young stated all tides.
Richard Benevento suggested that the construction company adjust
their schedule according to tide charts. Mr. Young stated there
will be no work done in the water. Mr. Young stated that there
could be a condition placed that no work shall be done in the water
itself, and schedule it so the construction company will be working
above the water.
Richard Benevento noted that he would like to see at least Phase I
be accompanied with a tide chart with weather permitting. Mr.
Young agreed with Mr. Benevento's suggestion.
Mr. Collins stated that Mr. Shields went to great length to find an
appropriate contractor and that Drink Water Construction is
familiar with this type of construction.
Richard Benevento asked if CZM was notified. Mr. Young stated they
did not need to be notified.
Mr. Young addressed the Commission
together a phasing program, schedule
back to the Commission with it.
and suggested that he put
it with the tides, and get
Jon Mazuy suggested a site visit take place on Saturday, October 5,
1996 @ 9:00 a.m. - all members agreed.
Mr. Paluzzi asked if there were any more questions from the
members.
Mr. Paluzzi asked if there were any more questions from the Public.
Ben Eisenstadt, 345 Hale Street, addressed the Commission and
stated that he is an abutter to Mr. Shields and asked if the area
is being altered by placing large boulders so the waves, especially
storm waves, go elsewhere and what is going to happen to the silt
that storm waves would normally deposit on beaches to provide for
wildlife.
Mr. Young explained that coastal banks do provide replenishment of
sand and silt to down stream areas, however, because this area has
large boulders it is not considered a resource area therefore it is
not an issue. Mr. Young explained that the construction company
proposes to make contours of the land as they build up so there
won't be a major shift in wave action. Mr. Young explained that
the area is in a cove and all the work can be done in a protected
area and the noted performance standards have been considered.
Mr. Eisenstadt asked if he could be present on the site walk.
Mr. Shields stated no.
Mr. Eisenstadt explained that he found out of Mr. Shields
intentions in the paper and questioned if an abutter should be
notified. Richard Benevento asked Mr. Eisenstadt if he was
notified by certified mail. Mr. Eisenstadt stated he was. Mr.
Benevento stated that he wanted it clear for the record that the
abutter was properly notified.
Motion made by Richard Benevento to continue public hearing for 357
Hale Street to October 15, 1996, pending a site walk on the 5th of
October at 9:00, seconded by Jon Mazuy and approved unanimously.
Mr. Paluzzi asked if there were any more questions.
Renee Mary, 274 Hale Street asked Mr. Shields if she
site walk. Mr. Shields stated yes.
attend the
Public Hearing - 11 Dodge Street
Bill Manual of Hancock Environmental addressed the Commission on
behalf of the property owners, Mr. & Mrs. Paulette. Mr. Manual
noted that there was no discharge of fill in the wetlands area,
that there was discharge of fill on the edge ef the wetlands area,
and that no mature trees where removed.
Mr. Manual explained the violations Mr. Paulette has done and
proposes to rake out the area, throw down some annual rye for
stabilization and mulch it, remove a 10' piece of black corrugated
pipe and replace it with fencing along Mr. Paulette's property line
to the edge of wetlands. Mr. Manual proposes in the vicinity of
the wetlands, to pull back the fill material about 1" depth, pull
back the fill to its natural grade around the couple of mature
trees, leave the fill in the buffer zone and throw down some loom
and seed it.
Dr. Johnson asked if this disturbed area is actually on the
property in the woods. Mr. Paulette stated it is.
Dr. Johnson asked if Mr. Paulette had permission from his neighbor
Mr. Boris. Mr. Paulette answered no.
Richard Benevento explained that the Commission cannot issue an
Order of Conditions for Mr. Paulette to restore the abutting
property owners land and suggested that Mr. Paulette present a
letter to the Commission from Mr. Boris stating that Mr. Paulette
has permission to go back onto his property and restore the area.
Mr. Manual suggested a preconstruction site inspection take place
with Debbie Hurlburr so all will understand what is going to be
done, at that time Mr. Paulette will produce a letter from Mr.
Boris and have it conditioned into the Order of Conditions.
Richard Benevento questioned the fill storage area. Mr. Manual
explains that it is a temporary stock pile and that the fill will
eventually be pulled out and seeded, not added to.
Richard Benevento questioned if they were going to propose any type
of erosion control. Mr. Manual explained that the area is dead
flat and other than good mulch they will seed the area.
Mr. Paluzzi asked if there were any more questions from the Board.
Mr. Paluzzi asked if there were any more questions from the public.
Joan Murphy of Longmeadow Road, addressed the Commission and
explained that the rear of her property is abutting the wetlands
area and she stated that the wetlands are a concern to her and
asked when the was work done. Mr. Manual stated three weeks ago
and explained that there will be no discharge of fill into the
wetlands nor will there be any increase of water in that area.
Ms. Murphy questioned if there would be any remaining fill that
wasn't there before while Mr. Paulette is grading it. Mr. Manual
explained that the land if flat and when Mr. Paulette fills in the
buffer zone there will be no discharge into the wetlands and no
remains while he is grading it.
Ms. Murphy asked if she could get a copy of the map that indicates
where the wetlands actually are. Debbie Hurlburt provided her with
a copy.
Ms. Murphy explained that there is a pond that is very close to the
rear of the property and expressed her concerns that it was not
indicated on the plan.
Richard Benevento asked if it was 100 feet from the activity.
Mr. Manual explained that he has been out to the site several times
and never saw a pond within a 100 feet.
Mr. Paluzzi asked if there were any more questions.
There being no further questions Or comments regarding this
proposal, a motion was made by Jon Mazuy to close the public
hearing, seconded by Jay Donnelly and approved unanimously.
Motion made by Jon Mazuy to reconvene to regular session, seconded
by Richard Benevento and approved unanimously.
Old/New Business
Continuation - Eaton Corporation
Steve Roberge from Eaton Corporation addressed the Commission and
introduced Brian Sweeney from Haley & Aldrich and stated Mr.
Sweeney was here to answer any questions and brief the Commission
on what Eaton is planning on doing to the unstable slope.
Mr. Sweeney asked the Commission what their main concerns were.
Mr. Paluzzi explained that there is an Enforcement Order
outstanding and the Commission is concerned about the silt into the
Bass River and the stabilization of the slope.
Mr. Sweeney reviewed with the Commission Haley & Aldrich's erosion
problem of the slope and explained the recommended solution is to
remove the amount of materials disturbed in the slope and replace
it with a more permeable material, then place drains in the bottom
of the slope to collect the ground water. Mr. Sweeney noted that
he believes that the slopes seepage at the bottom of the slope
failed first then gradually went up the top of the slope.
Mr. Sweeney explained that Eaton has to evaluate the cost verse the
risk of a future land slide and arrive at a solution.
Mr. Sweeney asked the Commission if they have been out to the site,
and asked if the Commission was concerned with the adjacent
wetlands or the river itself. Mr. Paluzzi explained that the water
from the wetlands flow into a stream which eventually flows into
the Bass River and that there was siltation along the stream.
Mr. Sweeney explained that Eaton has two proposals that they could
either fix future potential land slides by fixing the problem right
now which will make the siltation worse or do a long term solution
to take out soil that doesn't transmit the water in a good fashion,
replace with a more permeable soil such as gravel, then the gravel
would let the water flow out freely from the bottom, then put in
trench drains so the water won't exit the slope.
Jon Mazuy questioned if Haley & Aldrich recommends that nothing be
done til Spring. Mr. Sweeny explained that it's just one of the
alternatives.
Mr. Roberge addressed the Commission and explained if siltation is
the real concern it would be best to wait until spring, if the
potential of a future land slide is the concern Eaton would have to
do something right know.
Mr. Sweeney explained the history of how and why land slides occur.
Richard Benevento asked how long the land slide has been there.
Mr. Sweeney stated since April 14, 1996.
Richard Benevento asked where exactly is the resource area from the
bottom of slope. Mr. Sweeney stated about 100 feet away.
Richard Benevento explained that Eaton has to assure the Commission
that nothing will get into the wetlands until work is completed and
the slope is stabilized. Mr. Roberge noted that they did put up a
siltation fence.
Richard Benevento asked how big of an area is affected and asked if
sod was not an effective solution.
Mr. Sweeney proposed that Eaton take time to evaluate what they
have to do, in the interim he suggested Eaton maintain some type of
erosional control around the land slide by putting in hay bales
that are staked into the ground so water won't seep underneath and
place down a filter fabric.
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Jon Mazuy asked if Mr. Sweeney had any recommendations for a less
expensive approach. Mr. Sweeney suggested the restoration of some
of the parking area with a wall and make a slope, remove all soil,
and take care of the problem by placing drains in the mid slope,
and reuse some of the failed material on the upper section.
Jon Mazuy asked how much money would you be saving. Mr. Sweeney
stated approximately 25%.
Mr. Paluzzi asked if the Commission is waiting for Eaton to decide
what they want to do. Mr. Sweeney replied yes.
Mr. Paluzzi asked what are the chances of the top of the bank
eroding back into the parking lot. Mr. Sweeney explained that
without any solution, chances are a high probability.
Mr. Paluzzi asked when Haley & Aldrich did the boring if they went
beyond the edge of the part that caved. Mr. Sweeney explained that
they did just one boring at the top and seven test pits in the face
of the slope right to the edge but couldn't get the machine on
slope itself.
Mr. Paluzzi asked Mr. Roberge if Eaton could submit a proposal to
the Commission by the October 15, 1996 meeting. Mr. Roberge
explained he wanted to get guidance from the Commission as to which
problem is more serious to the Commission. Mr. Roberge explained
that one of the solutions would be to do the slope work by mid
November to fix the problem and face winter without vegetation, and
the second solution is to sure up the siltation barriers and wait
till spring to do the stabilization of the slope.
Richard Benevento explained that the Commissions main concern is
the protection of the resource area.
Pat Grimes asked if that area was in the buffer zone. Debbie
Hurlburt indicated that it was close.
Richard Benevento explained he was concerned about stabilizing what
is already there and stated that it is important to provide
adequate erosion control to protect resource area and suggested
that Eaton place another siltation barrier in case of a land slide.
Mr. Benevento noted he agreed with Haley & Aldrich's proposal to
wait to spring.
Jon Mazuy stated that he agreed with Richard Benevento's suggestion
and that Eaton should put up an additional row of silt protection
barrier this fall and come back to the Commission with a total
remediation plan for spring. Mr. Roberge stated he would inspect
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the silt fencing this week and get the second barrier in
immediately.
Mr. Sweeney suggested Eaton address the Commission's concerns and
install a double silt barrier, and at the October 15, 1996 meeting
come back with a plan regarding a long term solution.
Mr. Roberge explained that Eaton could remediate before winter then
wait till spring to do the actual stabilization.
Richard Benevento stated he was concerned about Eaton rushing to
give the Commission something.
Pat Grimes noted she would like to see something implemented sooner
than later.
Mr. Roberge addressed the Commission and stated that Eaton would
get a letter to the Commission before the October 15, 1996 meeting
verifying the second row of silt fencing and bring photos, then get
back to the Commission with a final decision at the November 12,
1996 meeting.
Richard Benevento explained that the Commission would need to know
when the work is going to start, submit the contractors schedule
with an early start date and a late start date, and ensure the
Commission that the resource area is not going to be affected.
Cumminqs Property
Debbie Hurlburt explained to the Commission that an Enforcement
Order was issued to Cummings property under David Lang's signature
and they need to ratify this Enforcement Order. Ms. Hurlburt
explained that work was being conducted in a flood zone however a
Notice of Intent has been filed.
Richard Benevento made a motion to ratify the Enforcement Order,
seconded by Jon Mazuy and approved unanimously.
Richard Benevento asked if there is a public hearing scheduled.
Debbie Hurlburt explained no, they can't speak or do work until the
October 15, 1996 meeting.
Richard Benevento stated that the Enforcement Order issued, was a
cease and desist for work in the area, and he questioned if the
area was going to have erosional controls to stabilize the site.
Cummings stated the site is stabilize.
Richard Benevento suggested that Cummings Property get in touch
with Debbie and let her know what work is being started in the
other areas.
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Mr. Bruce Oveson from Cummings Property addressed the Commission
and explained that a letter was recently sent to the Conservation
Commission regarding the work previously discussed on the west side
and that an Order of Conditions was issued. Mr. Oveson stated that
the trash has been removed and that the normal clean up activity
caused a considerable Mount of surface damage. Mr. Oreson adds
that the hay bales have been placed and have stabilized the area.
Mr. eveson explained that Cummings would like to repave a portion
of the road which was paved before at approximately 60-65 feet wide
to finish stabling the area. Mr. Oveson explained that Cummings
wants to pave under the original file number 5-542.
Mr. Oreson adds that Cummings has cleaned up all scrap iron and
junk and that 1/2" to 3/4" of gravel has been laid to stabilize the
area so there won't be any run off.
Richard Benevento asked what is the distance from the edge of the
existing paving to the hay bales. Mr. Oveson explained that the
paving originally went to the edge of the pond and that that part
is still existing.
Jon Mazuy asked if there was any curbing of any kind at the edge of
parking area. Mr. eveson explained that they have been using
granite curbing along a portion of the parking area and explained
that there will be some sort of curbing, but not sure yet if it
will be concrete or granite.
Jon Mazuy asked if they wanted to do this proposed paving this
fall. Mr. Oveson stated they would like to start Monday or
Tuesday.
Pat Grimes asked if Cummings was going to put up siltation
barriers. Mr. Oveson stated that they were already up and the area
is open for inspection.
Mr. Paluzzi asked if there is paving down right know in that area.
Mr. Oveson stated you can't see where the paving used to be because
it's under crushed gravel.
Pat Grimes asked if the crushed gravel was running all the way up
to the pond. Mr. Oreson stated it would run all the way to the
siltation barrier.
Mr. Paluzzi asked if they would have to dig up the area to repave
it. Mr. Oveson stated no it's already prepped for repaying.
Pat Grimes asked about water run off. Mr. Oveson explained that it
would be sloped back from the pond to drain to the catch basins.
Pat Grimes asked if there were catch basins in place right know.
Mr. Oveson stated they will be putting in catch basins before they
pave.
Mr. Paluzzi asked when you put in the catch basins and dig down how
will Cummings prevent material from falling into the existing drain
system. Mr. 0yeson explained that they would have to come back
with some sort of landscaping plan.
Debbie Hurlburt asked if they were proposing to install catch
basins as well as repaying. Mr. Oveson explained that basically
what Cummings will have to do is rebuild the catch basin system.
There being no further questions or comments regarding this
proposal Jay Donnelly made a motion to approved the paving plan,
subject to a modification form being submitted, seconded by Jon
Mazuy and approved unanimously.
Mr. Paluzzi asked if there were any more questions from the public.
Vincent Cotreau, 71 Enon Street addressed the Commission and asked
where are the drains eventually going to flow and asked if the
catch basins would trap impurities and cause pollution. Mr Oveson
explained that the catch basins would collect water and then flow
south to the parking lots.
Old/New Business
~estranzi
Jon Mazuyquestioned whether someone from Maestranzi was scheduled
to be here tonight with some type of a plan. Debbie Hurlburr
explained that she called Maestranzi, and he intimated that he
never said he'd be here definitely tonight with a plan, however he
did say he has hired a botanist and that he would be at the October
15, 1996 meeting with a plan indicating where the resource areas
are and the approximate location of where the buildings will be
going.
Jay Donnelly asked if the Co~nission should record the Enforcement
Order with the Registry of Deeds to help motivate Maestranzi to be
more cooperative. Debbie Hurlburt explained that we are not
required by law, but saw no reason why the Commission couldn't do
it.
Debbie Hurlburr stated she would like to check with the MACC and
ask if the Commission is proceeding properly.
There being no further questions or comments regarding this matter
a motion was made by Jon Mazuy to have the Enforcement Order filed
with the Registry of Deeds regarding properties in question,
seconded by Jay Donnelly and approved unanimously.
Jon Mazuy stated that at the October 15, 1996 meeting he will bring
up the issue of levying a fine of 100.00.
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APPropriate MoneV
Debbie Hurlburt explained to the Commission that they need to
appropriate money for the Workshop and suggested to the Commission
that they take money out of the Conservation Commission's specific
fund and pay for it.
There being no further questions or comments regarding is matter a
motion was made by Richard Benevento to appropriate $300.00 for the
payment of the workshop, seconded by Jon Mazuy and approved
unanimously.
Old/New Business
Richard Benevento addressed the Commission and explained that
construction of homes has started on top of Holly Lane and
suggested the Commission send a letter and or make a call to Mike
Syms at Maplewood and suggest that he (1) sweep and clean the
street and, (2) clean out the catch basin at bottom of hill at the
intersection of Holly Lane and Essex Street and stated that hay
bales need to be put around it. Mr. Benevento suggested if the
area was not maintained that the Commission issue an Enforcement
Order.
Richard Benevento stated he would like to see DEP File numbers
regarding Maplewood.
Old/New Business
Vincent Cotreau, 71 Enon Street addressed the Commission and
stated that Stop and Shop hasn't put in the hay bales and
questioned why weren't they up. Debbie Hurlburt stated she was
taken care of it and noted that Stop and Shop was in compliance.
Order of Conditions 11 Dodqe Street
Debbie Hurlburt explained to the Commission that if the work is
located on Mr. Boris property, the Commission should have Mr. Boris
issue a letter in writing.
The Commission suggested they get a written statement from Mr.
Boris stipulating his approval and get a plan indicating the
distance he will have the dirt pulled away, such as pulling the
dirt back from the trees to the drip line of mature trees.
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Certificate of Compliance - 10 Foster's Point
Debbie Hurlburt explained to the Commission that an Order of
Conditions is outstanding at the Registry regarding this property
and that the owners are now trying to sell the property and they
need to clear the Order of Conditions with the Registry. Debbie
Hurlburr explained that the work was never conducted and suggested
that the Commission grant a Certificate of Compliance, specifically
#3. Debbie Hurlbutt noted she went out to the site and agreed that
the work was never done.
There being no further questions or comments regarding this matter
a motion was made by Richard Benevento to grant a Certificate of
Compliance #3, seconded by Dr. Johnson and approved unanimously.
There being no further business to come before the Commission at
this meeting, a motion was made by Jon Mazuy to adjourn the
meeting, seconded by Dr. Johnson and approved unanimously.
The meeting was adjourned at 10:00 p.m.
Respectfully submitted by:
Susan D. Akerman
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