1996-08-20BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
AUGUST 20, 1996
A regular meeting of the Beverly Conservation Co~mnission was held on
Tuesday, August 20, 1996 at 7:00 p.m. in the Committee room at Beverly
City Hall.
Those present were: Chainnm~ David Lm~g, Richard Benenveto, Tony
Paluzzi, Jon Mazuy, and Jay Donnelly. Also present were Assistant
Plmming Director Debbie Hm'lburt, m~d Eileen Sacco, Temporary clerk.
Chainnm~ David Lm~g called the meeting to order at 7:00 p.m.
APPROVAl, OF MINUTES
The minutes of the meeting of July 23, 1996 were presented for approval.
Motion made by Jon Mazuy to approve the minutes of the meeting of July 23,
1996, secoMed by Tony Pah!77i and approved mmtmnously.
RECESS FOR PUBI ,IC HEARINGS
Motion made by Jon Mazuy to recess for public hearings, seconded by Tony
Pahuzzi, and approved unanimously.
Continued: 74 Hart Street - Glen Urquhart - Construction and soil
Remediation
Derek Kavm~augh, Presideut of the Board of trustees for Glen Urquhart
addressed the Commission and reported on the soil tests and the plans
for remediation. He turned the meeting over to A1 Hansco~n of Vanesse
Hangen to explain the plans to the Commission. Mr. Hanscom showed the
Connnission a site plan of the school. He explained that the initial smnpling
was six (6) weeks ago and they were done within the buffer zone and
elevated levels of total lead, lead, m~d arsenic were detected. He stated that
they wish to achieve S1 soil clean up levels for the residential area. He also
stated that in cell 4 of the plan, the area would be segregated and the material
would be transported to New York to be disposed of properly. Mr. Hanstom
also noted that staked hay bales and a siltation fence are proposed to be
installed around the entire site.
Derek Kavanaugh addressed the Commission again and noted that they would
like to commence as soon as possible. He stated that they want to do the
areas around the playing fields as soon as possible, noting that school will be
starting soon.
Jon Mazuy asked how long they expect it to take to complete the work in
cells 3 and 4. Mr. Hanstom stated that it should take 2 - 3 days. He also
explained that the school staff would be doing the clean up of the area prior to
the remediation. Mr. Mazuy asked how much soil they intend to remove.
Mr. Hm~scom stated that they would be removing 200-300 cubic yards of
soil.
Richard Benevemo asked if they would be stockpiling any of the material on
the site. Mr. Hanscorn stated that they have no plans to stockpile in that area.
He stated that the material would be covered or placed in containers.
Richard Benevento expressed concern about the verbal approval of the
acceptance of the material, and proposed that when considering the Order he
would like to have a written approval prior to the commencement of the
excavation work on cells 3 and 4.
David Lang requested that they provide the Comn~ission with a written
handling guide for the disposal of the material. He noted that he was
concerned about rainfall and the nm off.
Jon Mazuy suggested that they should have extra hay bales and a silt feuce on
site to use in another location, should the need arise. Richard Benevento
noted that the issue is cuntmninated water and he was not sure if the hay bales
would filter the contaminated water.
David Lang expressed his concern about rm~ off and that if they see it starting
to pour ram, they should have erosion control measures in place.
Chaim~m~ Lm~g opened the hearing up for public cottonera at this thne.
Naomi Cohen addressed the Commission a,~d stated that she is concerned
about having the staff at Glen Urquhart do the preparation clean up of the
site. Mr. Hanstom stated that the clean up work would not require any
special skills since they are only cutting brush and taking away trash.
Ms. Cohen also asked how deep they dug with the testing. Mr. Hanscom
stated that they sampled from 0 - 6 inches deep, and they will be progressing
to 12 inches, to reach a confirmation tlmt they are achieving clem~ up. Ms.
Cohen also asked if they would be getting a full report on the material from
the receiver, regarding the amotmt of contamination. Mr. Hanscorn stated
that they already know what is there and the receiver may check to be sure
that they get the right material, but that is about all of the testing that would
be done.
Jon Mazuy questioned what the maxhnmn depth of excavation would be in
cells 3 and 4. Mr. Hanscom stated that they would have to go 12 inches to
see a decrease and perhaps another 6 inches, to a total of 11/2 feet in some
cases.
David Lm~g reminded the applicant that if they fred that they have to deviate
from the plan, they need to come back to the Commission for an amendment.
Mr. Hanscorn asked that the Commission specify 18 inches in depth in the
Order of Conditions.
Richard Beneveuto asked if the Connnission has received a DEP file nmnber
for this project. Debbie Hurlburt reported that the mm~ber is 5-543.
There being no further questions or comments regarding this proposal, a
motion was made by Richard Benevento to close the public heating,
seconded by Tony Paluzzi, and approved tmm~hnously.
Continued: 11 Access Road - House - David Camevale
Kurt Yotmg of Wetlm~ds Preservation h~c. addressed the Cmmnission on
behalf of David Camevale. He explained that they propose a single residence
house lot off Access Road. He also noted that thexe are concerns about
flooding. He explained that the proposed house would be above grade and
will not displace any water presently on the site.
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David Lang noted that there has been a lot of dumping on the site that will be
cleaned up. Richard Benevento requested that a letter be sent to the owners
of 7 Access Road, notifying them that dumping is a violation and order them
to clean up their property.
David Lang opened the heating up for public comment at this time.
Joan Murphy of 36 Long Meadow Road, Beverly, addressed the Co~mnission
and stated that she was concerned about the pollution and noted that they
have said nothing about a septic system. Mr. Yotmg stated that they would
be bringing in water and sewer serdees from route 1A, and noted that other
residents of the street would be able to tie into that line as well.
Vincent Cotreau of 7 1 Enon SWeet, Beverly, addressed the Comn~ssion m~d
stated that they are building the house dose to the wetland, and noted that in
recent thnes he has seen more water out there. He stated that he was
concerned about nm off from the construction.
Mrs. Murphy requested that tbe Cowanission place a condition on the project
that they must install the sewer system before the construction of the house
begins.
Debbie Hurlburt reported that the DEP file number for the project is 5-544.
There being no further questions or co~mnents regarding this proposal, a
motion was made by Jon Mazuy to close the public hearing, seconded by
Tony Paluzzi m~d approved tmm~imously.
Conth~ued: 181 Elliot Street - Cummings Property - Soil Retnediation
A representative of Cmmnings Properties addressed the Co~mnission on
behalf of Cummings Properties. He reported that the location of the treatment
of the stockpile has been moved to a ~nore amenable location at the request of
the Commission. He also noted that they have identified an additional
resource area.
The representative discussed tbe erosion control measures that they have
planned and the alewatering process. He stated that they will install hay bales
and a siltation fence around the work area. He also noted that the location of
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the stockpile area is 300 feet tiom the resource area. Ite also explained that
they would discharge any water by pumping it.
David Lang requested that the stockpile be covered during thnes when the
dewatering process is not operating. The representative stated that they
would have hay bales and a silt fence in flint area and that would be listed in
the specs for the contractor. He also explained that the area would be paved
or they will be restored to the ofigh~al condition. He noted that one are needs
to be re- seeded. He stated that would like to start by the end of September
and be completed by the end of November.
Richard Benevento stated that the oweness will be on the developer to
stabihze the site before the winter.
David Lang opened the hearing up to public co~mnent at this thne.
Naomi Cohen addressed the Co~mnission and expressed her concern about
bhs~mg.
Guy Rossi of Linden Avenue, Beverly, addressed the Cormnission and asked
if the ba~ fie!,d ~3uld be used again. He also ex~essed e~em a~m ~
pollumts ~at ~11 be B~d. ~e repmsemative stated ~at ~1 stock piled
mmen~ wo~d be placed on plastic shee~g.
There beiug no further questions or co~mnems regarding this project, a motion
was made by Jon Mazuy to close the public hearing, seconded by Richard
Benevento m~d approved tmmin~ously.
17 Bayview Avenue - Septic Tm~c Removal - Michael Argeros
Jay McLaugl~in addressed the Co~mnission and explained that they proposed
to tie 17 Bayview Avenue into the city sewer system. He explained that they
have to remove a septic tmhk and that they will pump it out, remove it and
back fi!,~ 'ihe h~e wi~h g~a, ad. ~e ~3~d ~hat t~e axea is 55 ~ee~ ~om the
respite ~ea.
Richard Beneveuto asked if they need to remove any trees for the process.
Mr. McLaughlin stated that no trees would be removed. Mr. Benevento
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asked how long the process would take. Mr. McLaugl~m stated that once
they get started it should take 3 - 4 days weathe~ permitting.
David Lang read a letter from Board of Health Chairman Jay Walsh that
noted recent changes in Title 5 regarding the abandonment of septic systems.
Mr. McLaughlin stated that he is very familiar with the changes to Title 5,
and that they would be in compliance.
David Lm~g opened the hearing up for public conunent at this time.
Ward Four City Councillor Virginia McG13qm addressed the Connnission mid
asked if the house at the end of the street was tied into the sewer. Mr.
McLaughlin stated that it was connected to the system.
Debbie Hurlburt reported that the DEP file ntunber for the project is 5-548.
There being no further questions or connnent regarding tiffs project, a motion
was made by Tony PalnzT/to close the public hearing, seconded by Jon
Mazuy~ mid approved tmmmnously.
57 Preston Hace- Dwelling Addition & Deck - Michael Kerr
Bill Manual from Hancock Enviromnental addressed the Connnission mid
explained the plans and the location of the proposed work area to the
Commission. He also showed the Commission photographs of the area. He
also noted that the request for the addition includes a deck which will be built
at a later t/me within the Order of Conditions.
David Lmig asked when they plan to begin. Mr. Manual stated that they
would like to begin as soon as possible. He stated that they would like to
have the area regraded by the fall, and cover the mulch with hay and re-seed
in the spring.
Jay Dom~elly questioned if they would be dewatering any ~naterial. Mr.
Manual stated that they don't feel that it will be necessary. David Lang
suggested that they take precautions for sediment control should dewatering
be necessary.
David Lang opened the hearing up to public co~mnent at this time.
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There was no one present that wished to speak on the matter.
Debbie Hurlburt reported that the DEP file number for the project is 5-553.
There being no further questions or comments regarding this project, a motion
was made by Jon Mazuy to close the public hearing, seconded by Tony
Paluzzi and approved unanimously.
40 Cliff Street - House - Norma Shaw
David Dwyer addressed the Commission on behalf of Nom~a Shaw and
explained that they plan to raze the existing home and construct a new one.
He explained that all of the work would be done above the flood plain, m~d
that there would be no re-grading below the hay bate barrier. He t~oted that
there would be a retaining wall to the south of the house.
David Lang asked how the house would be demolished. Mr. Dwyer stated
tha'~ i~i ~o~J,d be '~.ken d~,~n ~,d',k, a back bee and a Waek.
Tony Paluzzi asked if they would be back filling the cellar. Mr. Dwyer stated
that they would be back filhng the cellar.
David Lang opened the hearing up to public comment at this thne.
Guy Rossi addressed the Commission and stated that he was an abuter m~d he
was in favor of the project as presented.
Debbie Hurlburr reported that the DEP fde number for the project is 5-555.
There being no further questions or co~mnents regarding the project at this
time, a motion was made by Jon Mazuy to close the public hearing, seconded
by To~v Paluzzi, and approved unanhnous[v.
Hathawa.v Avenue - culvert - Gary Palardy & David Canevale
Kurt Yom~g of Weflm~ds Preservation hc., addressed the Conunission and
explained that the' were before the Commission earlier this year w th the
Sunday Drive subdivision. He stated that at that time there were concerns
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about the drainage. He noted that there is a 12 inch pipe that doesn't carry the
drainage properly. He explained that they have updated the plan and are
increasing the piping to handle the drainage. He stated that there would be no
change to the topography. Jay Donnelly suggested that they use a perforated
pipe. Mr. Young stated that they would get the opposite effect. He explained
that reinforced concrete moved better than corrugated metal. Mr. Young
stated that the neighbors should be pleased with this.
Richard Benevento asked if the drainage calculations were submitted with the
original filing. He requested that they be submitted prior to the work
commencing.
David Lm~g opened the hearing up to public commem at this time.
Renee Mary_ addressed the Cormnission mid expressed her concern that all of
the water goes into the weftand and questioned if the wetland could
accommodate additional water.
Naomi Cohen addressed the Commission and questioned if 2 catch basins
would be enough. Mr. Young reported ~at there are actually about 4 catch
basins on the site.
Debbie Hurlburr reported that the DEP file nmnber for the project is 5-549.
There being no further questions or conunents regarding the project, a motion
was made by ~ca~ Maz~ay ~ e~ose ~ ~b~ic he~g, se~o~ by Tov~y
Patti and approved ~hnously.
39 Tozier Road/100 Sohier Road - Stream Wells - lnten~ational Technology
Corporation
David Lang recused lfimself tio~n discussion of fixis matter, and Tony Paluzzi
assumed the Chair.
Tim Dolan from h~temational Teclmology Corporation addressed the
the ~ound water.
Debbie Hurlburr stated that she asked them to stake the exact location of the
stremn wells and they have doue that.
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Tony Paluzzi asked what they were testing for. ~Mr. Dolan stated that they
are testing for VOCs.
Richard Benevento stated that he would like to see the locations on a plan
with reference numbers and requested a new site plan with the wells
referenced by number.
Tony Paluzzi opened the hearing up for public comment at this time.
Bob Penon addressed the Conmfission and noted that he was an abutter. He
stated that one of the wells would be in his back yard. He also asked what
the purpose of the wel!,s were. M~. Dolan stated that the5~ are checking the
ground water elevations to get a regional picture of the area. He also noted
that they do not suspect any contamination on the site.
Mr. Dolan informed the Commission that a fact sheet about the site is being
sent to all of the abutters and the Conservation Commission.
Mr. Dolm~ explained that they are mapping the ground water table and that
they plan to monitor it quarterly so they can get all of the seasons on record.
Debbie Hurlburt reported that the DEP file number for Tozier Road is 5-550
and the DEP file number for Sohier Road is 5-551.
There being no fuffi~er questions or connnents regarding this project, a
motion was made by Richard Benevento to close the public hearing,
seconded by Jon Mazuy and approved unmfimously.
Motion made by Jolm Mazuy to adjourn the meeting to fl~e Com~cil
Chambers, seconded by Jay Donnelly and approved unanimously.
The Commission reconvened in the City Council Chambers.
REQUESTS FOR DETERMINATION OF APPLICABILITIES
Continuation: Sam Fonzo Drive/Fonzo Realty Trust & The City of Beverly
Mary Rimmer reviewed the report that she prepared at the request of the
Commission. She noted that they spent 2 1/2 days checking the flaggings,
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and they discussed the discrepm~cies. She noted that they added two flags
the area.
Richard Benevento asked if Ms. Rimmer would say that there is a general
consensus on the flagging between them. Ms. Rimmet stated that plan
accurately depicts the flags.
David Lang explained that there is still the possibility that a vernal pool may
be out there, and noted that the area would be treated as if there was a vernal
pool firere. He also noted that if in the spring they find differently they can
deal with it.
David Lang opened the meeting up to questions from the audience at this
time.
Naomi Cohen addressed the Co~mnission and questioned when the EIR
would be finished and available to the public. She also asked if anyone has
really walked the site, noting that the area is getting very wet, arid suggested
that the Commission walk the site on a wet day. Ms. Cohen also stated that
she thought that there are a few vernal pools out there.
It was noted that the applicant is not required to seek out vernal pools, and
they should be mapped out officially.
There being no further questions or comments regarding this proposal, a
motion was made by Jon Mazuy to close the public hearing, seconded by
Tony Paluzzi and approved unanimously.
Richard Benevento noted that the position of detention basin # 1 are areas
that are subject to protection under the act and would require a Notice of
Intent. He referred to the plan dated August 12, 1996 prepared by Hayes
Engineering, and noted that future Notices of Intent should reference said
plm~.
Continuallop.: 1A Roadway Construction/Mass. Highway Depm-tment
Mike Rizzo addressed the Commission and explained that there are 6
locations which are near resource areas, and noted that there would be no
impact on them fi'om the proposed project.
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Richard Benevento noted that the Wenham Lake area is of concern. Mr.
RizTo explained that as part of the project, at the request of the City of
Beverly the drainage outlet will be terminated and the discharge point will be
eliminated and relocated dovai to .Lincoln Street to the City of Beverly
pumping station.
Richard Benevemo made a motion that a Negative Determination be issued
under #3, because the work is in the buffer zone it will not alter the areas that
are subject to the act. He also suggested a condition that at least 40 hay
bales o~ the site to maintain erosio~i eomrol a~d for emergency purposes, and
that if dewatemg is mqu~ed prior to ~e work t~g place the Consedation
Co~ission shall be notified ~d a dewatemg pl~ shall be submi~ed to ~e
Com~ssion, seconded by Tony P~u~i ~d approved unanimously.
Mr. Rizzo noted that the specifications for the project call for the
replacement of the hay bales at least 3 times through out the course of the
project.
OLD / NEW BUS1NESS
R Hull Street ~ Conservation Management
Atty. Toni Alexander addressed the Commission mid reviewed the history of
the property. He also proposed that if the Commission were to relinquish the
mmlagement if the property, there is another parcel on map 73 lot 12
consisting of 148,540 s.f. that could be deeded over to the Commission. He
also noted that this would augment the open space in the area.
Richard Benevento asked if there was rely possibility that a nature trail could
be created out there. Debbie Hurlburt stated that she would propose it to the
Planning Depamnent. Richard Benevento stated that he winlied to be sure
that the Conservation Commission would be getting something that they don't
have to cleml up.
Tony Paluzzi suggested that the Co~mnission take a site visit out there to see
the site before they make a decision. He noted that he liked the idea Sat if
they could get title to the other lot for use as open space for the residents.
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Motion made by Jon Mazuy to continue the matter m~til the Conunission has
a chance to look at the property, seconded by Richard Benevento and
approved tmmlimously.
The Commission will walk the site on Saturday, August 24~ 1996 at 9:30
Workshops
Debbie Hurlburt reported that the first workshop will be held on Monday
evening September 9, 1996, tiom 7 - 9 p.m. She noted that the topic will be
given by Wetlands Preservation on the Basics of the Regulations. Debbie
also reported that the other workshop, In-Field investigation would be held
on September 14, 1996 at Endicott College tiom 8 a.m. to noon.
David Lm~g noted that Debbie Hurlbutt has done lot of work getting these
workshops together. He stated that Debbie does an excellent job and the
Commission is lucky to have her.
Endicott College
Debbie Hu~burt reported that a superseding Order of Conditions was issued
for the Endicott College project, and that the enforcement order should be
lifted.
Maestranzi Property
David Lmlg reported that he was supposed to have a meeting with the Mayor
and Mr. Maestranzi, but that they cancelled the meeting. He also noted that
Mr. Maestranzi has been notified by the State that file ILSF was a vernal
pool.
Cherry Hill Drive
Debbie Huffburr reported that she has talked to Steve Roberge m~d they have
hired Haley and Aldrich to look at the slope and they are looking at two
proposals now.
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Hatley Corp. Progress Report
Debbie Hurlburt reported that the rear slope has been shaped and hydro
seeded using Mass H/ghway slope mix. She referred to a letter that she
received f~om Flatley Corp.
ORDER OF CONDITIONS
74 Hart Street - Glen Urquhart
The Commission issued stm~dard conditions for the project with the
following special condition:
1. That the plan detail the locations of the hay bales and the silt fence.
2. That before work commences m cells 3 aud 4 the contractor will have
documentation in hand accepting the material f~om the approved facility.
3. No work shall be done on days when there is heavy rain fall that promotes
rimoff, and work shall temporarily cease should it start raining heavily
during the day
4. Proper precautions shall be taken to insure that no fugitive dust emissions
occur.
5. Excavation shall not go below the water table.
6. Erosion contxol equipment shall be on site.
7. Equipmeut shall be kept 15 feet tiom the bmhk.
8. Temporary stockpiling shall take place no longer than 24 hours.
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11 Access Road
The Comanission issued a standard Order of Conditions for the project with
the, following special conditions:
1. That the applicant submit a plan for the clean up of the site and the
removal of the debris.
2. Dust emission prevention measures shall be taken to keep it from going
into the pond.
181 Elliott Street
The Commission issued a standard Order of Conditions for the project with
the following special conditions:
1. Areas not stabilized by the winter shall be temporap~ly stabilized for the
~in~e~.
2. Stock piled material shall be covered at night.
17 Baovview Avenue
The Commission issued a standard Order of Conditions for the project.
57 Preston Place
The Commission issued a stm~dard Order of Conditions for the project.
40 Cliff Street
The Commission issued a stm~dard Order of Conditions with the foliowhig
special conditions:
1. The building shall be removed from the Street side of the property.
2. Once removal of the house commences there shall be no stock pilh~g
of material on the site.
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3. New construction of the house shall not proceed until the existing building
has been completely removed.
4. Material from the existing building that is to be used for the new house
shall g~3 di~e~'~:~ ~ the ~ew h~3~e, and ~ s~k
Adjournment
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 Tony Paluzzi m~d approved unm~hnously.
The meeting was adjourned at 11:00 p.m.
Respectfully submitted by:
Eileen M. Sacco
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