1998-02-03BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
FEBRUARY 3, 1998
A regular meeting of the Beverly Conservation Commission was held
on February 3, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot
Street.
Those Present were: Chairman David Lang, Vice-Chairman Tony
Paluzzi, Dr. Mayo Johnson, Jon Mazuy and Patricia Grimes. Also
present was Assistant Planning Director Debbie Hurtburt, Director
of Engineering Frank Killilea, Jr. and Susan Akerman, Secretary to
the Commission.
Meeting called to order by Chairman Lang at 7:00 p.m.
Request for Determination of Applicabilities:
Continuation: Hale Street (Mullen/Loeb Estate) delineation
determination/James Mullen
Debbie Hurlburt read a letter from Elizabeth Wallace of Hayes
Engineering requesting an extension of time. (On File).
A motion was made by Tony Paluzzi to continue the hearing for the
Mullen/Loeb Estate at Hale Street to the Commission's next meeting
scheduled for February 24, 1998, seconded by Pat Grimes and
approved unanimously.
Continuation: Brimbal Ave., Essex St. (Landfill)/delineation
determination/City of Beverly
Debbie Hurlburt updated the members with respect to the delineation
of Brimbal Avenue landfill.
Mary Rimmer from Rimmer Environmental reviewed the delineation
report and stated that there are only a few changes with respect to
the location of the delineation of wetlands.
Ms. Rimmer explained that the difference between the two
delineations is due to the fact that the first delineation was
under Army Corps. guidelines.
Ms. Rimmer stated that the areas of discrepancy have been flagged,
and noted that there is a continuous wetland area behind the
Blueberry Hill Nursing Home, but that it is far enough away from
the proposed grading that it won't make a difference whether its on
the plan. Ms. Rimmer also noted that there are wetlands along both
sides of the access road and raised the fact that the road may need
to be widen.
Lang asked if any of the new areas would be impacted by the closure
of the landfill. Ms. Rimmer stated probably not, that the changes
are irrelevant.
Frank Killilea, Jr., Director of Engineering addressed the
Commission and stated that Malcolm & Pirnie have modified the map
in their Wetland Delineation Report to incorporate Mary Rimmer's
comments, and that they have also added FEMA designation for this
area. Killilea added that the report was originally dated 10/97,
but that it is now dated 2/98.
Mr. Killilea explained that Malcolm & Pirnie used the federal
designation/procedure because there is no ordinance stating that
state regulations have to be used, and that the new delineation map
will be submitted to the Army Corps. for their information as well.
Jon Mazuy asked why the Conservation Commission was not notified
that Malcolm & Pirnie's delineation was based on federal FEMAmaps.
Ms. Rimmer explained that state and federal FEMA maps are very
similar, but with some differences, and that documentation data
forms are not required for submittal.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to issue a positive Request for
Determination of Applicabilities #1, based upon the condition that
the information in Mary Rimmer's report/map is all placed on the
Malcolm & Pirnie map for clarification purposes, seconded by Tony
Paluzzi and approved unanimously.
New: 320 Essex street/sewer connection/Janet Appleton
Bill McGrath addressed the Commission on behalf of Janet Appleton
and explained a proposal to connect Ms. Appleton's sewer to the
existing City sewer system.
Mr. McGrath noted that presently Ms. Appleton sewer system is a
cess pool.
Tony Paluzzi asked how they would take care of the cess pool. Mr.
McGrath explained that they will pump out the cess pool, per Title
5, and fill it in with sand.
Tony Paluzzi asked what is going to be done about the leaching
field. Mr. McGrath explained that there isn't one.
Chairman Lang asked if haybales were going to be put up. Mr.
McGrath stated that they would do whatever the Conservation
Commission required/requested.
Chairman Lang explained that the Commission requires that haybales
and silt fencing be placed.
Tony Paluzzi asked how long the process would take. Mr. McGrath
stated one and a half days.
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Commission would need to set some boundaries regarding wetlands
and/or any other right of ways.
Debbie Hurlburt explained to Mr. Newbegin that the City of Beverly
doesn't have wetland maps, and stated that she could walk it with
them, but that it will be difficult, and providing the Board with
the information of where Mass Highway does say these areas are
would be helpful. Mr. Newbegin stated that he had some information
that he could supply tonight that have wetland markings and some
infrared shots of wetlands that are a little more current.
Mr. Newbegin stated that he would like to have this matter
continued so that he can have a supervisor on hand if the
Commission does not want to issue a Negative Determination of
Applicability #3 tonight.
Chairman Lang explained that the Commission will have to know where
the areas are, the application procedures and what chemical/
pesticide is going to be used.
Debbie Hurlburt suggested that a vegetation engineer could take the
infrared shots and transpose them on paper for an accurate area.
Mr. Newbegin stated that they will loan the infrared shots to the
Commission.
Tony Paluzzi asked if there will be a 10' buffer zone. Mr.
Newbegin explained that they go by the footprint of the actual
road.
Chairman Lang questioned if they would be spraying 10' from the
edge of the pavement or the right of way. Mr. Newbegin stated that
they will be spraying 10' from the buffer zone of the wetlands.
Chairman Lang asked if anyone from the public wished to speak.
Rene Mary of 274 Hale Street addressed the Commission and explained
that Mass Highway dug a big ditch, by the Kings Grant, to take care
of the water flow, and asked if that area is going to be involved
because the ditch on top of the hill connects with a brook. Mr.
Newbegin stated that he was not qualified to answer that question.
Mr. Newbegin further explained that there are many ordinances as
part of the process (ie: can't apply if within a few hours of a
rain storm; can't apply after a rain storm).
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the hearing until the
Commission's next meeting scheduled for Tuesday, February 24, 1998,
seconded by Tony Paluzzi and approve unanimously.
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A motion was made by Tony Paluzzi to recess for the purpose of
holding public hearings, seconded by Jon Mazuy and approved
unanimously.
Notice of Intents:
Continuance: 940-942 Hale Street/construction of two homes/County
Homes & Blomberq
Debbie Hurlburt read a letter from Hancock Environmental requesting
an indefinite continuance until they can see as to whether the
homes can be hooked up with the City sewer system.
New: 886 Hale Street/stairway, wall, fountain, qazebo, landscaping
/ Erikson
Julie Preno of Hancock Environmental addressed the Commission on
behalf of Mr. Erikson and explained a proposal to install a
stairway, a balustrade wall, a water fountain, a gazebo and minor
landscaping and grading.
Ms. Preno explained that the landscaping and grading will be done
within the buffer zone of an intermittent stream that is located on
the property, but noted that it doesn't flow much at all, and that
there is little vegetation associated with it. Ms. Preno stated
that they are not looking to clear the vegetation.
Ms. Preno explained that the applicant proposes to do this work
with a small bobcat, and that there will be no fill, and that the
cement for the stairs will be pumped over the house lot.
Tony Paluzzi suggested that the Commission do a site visit to this
property on Saturday, February 21, 1998 at 8:30 a.m.
Chairman Lang asked if anyone from the public wished to speak.
Anne Lewis of 903 Hale Street asked if the fountain will be self-
contained or will water be added to it. Ms. Preno stated that it
will be self-contained and that there will be no discharge of
water.
Joan Johnson of Hale Street asked how the large concrete base and
the balustrade wall will be constructed. Ms. Preno explained that
the cement base will be a continuance trench excavated into the
ground, then the balustrade wall will be constructed on footings
that will be level.
John Murray of Ward 6 addressed the Commission and stated that an
abutter, Kay Whittier, is concerned that the proposed work will
increase the rate of water of the intermittent stream that emerges
under her property.
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There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the public hearing until
the Commission's next meeting scheduled for February 24, 1998
pending a site visit scheduled for Saturday, February 21, 1998 at
8:30 a.m., seconded by Dr. Johnson and approved unanimously.
New: Off Wentworth Drive (Thackery Way)/construction of 3 homes/
OHC Trust (KeiltV)
Elizabeth Wallace of Hayes Engineering addressed the Commission and
explained a proposal to construct a three-lot subdivision with two
houses being in the buffer zone, as well as the driveway. Ms.
Wallace stated that the associated activities for this project will
include construction of the houses, the driveways, a roadway,
grading, and construction of a storm water management swale.
Ms. Wallace explained that the construction of the drainage system
will lead into a spreader with deep sump catch basins, and that
there will be erosion control along the perimeter of the site.
Ms. Wallace stated that the bordering vegetated wetland is a
typical red maple swamp.
Pat Grimes stated that the only item listed on the storm water
management form with respect to a drainage scheme are deep sump
catch basins, and asked why are they the only form of storm water
management being proposed, when deep pump catch basins aren't even
listed as meeting minimum standards. Ms. Wallace explained that
for design reasons we feel that deep sump catch basins are the best
storm water management instrument for this project and noted that
there will also be a storm water management swale.
Pat Grimes asked what type of swale is being proposed. Ms. Wallace
stated a rip rap swale.
Pat Grimes asked if there will be a water quality swale. Ms.
Wallace explained that there could be, but that she wasn't sure.
Pat Grimes stated that she feels that there should also be other
forms of storm water management for this project than just deep
sump catch basins. Ms. Wallace explained that they worked with the
contours and grading, and feel that deep sump catch basins are
adequate as far as standards are required.
Pat Grlmes questioned if any of the other forms of pretreatment
listed would be practicable. Ms. Wallace stated that the project
is unique and small, and that it would seem unreasonable and
overkill to add additional forms of storm water management, and
stated that she could get a more detailed answer if preferred. Pat
Grimes stated that she would.
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Tony Paluzzi asked where the 6" drainage pipe located behind Lot #2
drained. Ms. Wallace explained that that is a drain for
neighboring property that the abutter installed and noted that they
will be improving on his system.
Tony Paluzzi asked if the size of the swale will be able to take
all the water from the roadways, the houses and from the next lot.
Ms. Wallace stated yes, it will be adequate.
Tony Paluzzi asked Ms. Wallace if she could submit some numbers
with respect to the drainage capabilities for the proposed project
and for the neighboring lot. Ms. Wallace responded yes.
Chairman Lang asked how many deep sump catch basins are used in
Beverly. Ms. Wallace stated that she was not sure, but could find
out.
Chairman Lang asked if deep sump catch basins are commonly used or
if they are being used because this project is unique. Ms. Wallace
stated that they are commonly use for drainage management in order
to get best water quality.
Chairman Lang asked if there are any cross sections. Ms. Wallace
stated yes and reviewed the cross sections.
Chairman Lang stated that he is concerned with the use of deep sump
catch basins because nobody cleans them out. Ms. Wallace explained
that the development will be partially responsible, contingent upon
the fact that the City assume some type of responsibility as well.
Jon Mazuy asked how far away is the reservoir from the development.
Ms. Wallace stated two miles.
Chairman Lang asked if anyone from the public wished to speak.
John Murray of Ward 6 stated that it seems that it would be
appropriate to have a site visit with respect to buildable lots.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to continue the hearing until the
Commission's next meeting scheduled for February 24, 1998, pending
a site visit scheduled for Saturday, February 21, 1998 at 9:00
a.m., seconded by Jon Mazuy and approved unanimously.
Certificate of Compliance
a. Lots 1 and 2 Sunday Drive/house lots only/McNeif
Debbie Hurlburt updates the members and noted that the as-built
plans have been submitted and that the applicant is seeking a
partial Certificate of Compliance for the houses only.
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A motion was made by Tony Paluzzi to issue a partial Certificate of
Compliance for house lots only at lots 1 and 2, Sunday Drive,
seconded by Pat Grimes and approved unanimously.
b. 2 Marqin Street/remove wharf/repair bulkhead/Bunk
A motion was made by Tony Paluzzi to issue a Certificate of
Compliance for 2 Margin Street, seconded by Jon Mazuy and approved
4-0. (Chairman Lang recused himself from this matter.)
c. 108? Hale Street
Debbie Hurlburt updated the members and stated that David Carnevale
is looking for a release of rthis lot with respect to the
replanting at this location. Hurlburt explained that she viewed
photos of the planted plots, and that she explained to Mr.
Carnevale that the Commission would like a one year guarantee.
Debbie stated that Mr. Carnevale agreed.
Tony Paluzzi asked if the Commission will have to go back in one
year to look and see if the replanting have taken. Debbie Hurlburt
stated yes and noted that the Colmnission will have to figure out a
way to identify that date, such as alert the current owners of the
guarantee.
A motion was made by Tony Paluzzi to issue a Certificate of
Compliance for 108 Hale Street, seconded by Jon Mazuy and approved
unanimously.
Old/New Business
Chairman Lang stated that he is looking to begin in the process of
instituting a wetland by-laws.
Debbie Hurlburt stated that she is in the process of getting
various by-laws from neighboring communities and she will circulate
them as soon as she receives them and noted that they don't have to
be difficult by-laws to look at, read, and distinguish and that the
main benefits to the City to have our own by-laws are: (1) there
will be a smaller fee when the Commission has to hire other parties
for input; (2) it will make water quality more important that it is
now; and (3) it will control'certain smaller areas not in our
jurisdiction.
Debbie Hurlburt further stated that the Commission seriously needs
wetlands map of Beverly, and noted that it is very costly, but that
the benefits are many.
Chairman Lang stated that maybe the Commission should start by
getting the infrared maps, piece them together and get the
information that way.
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Adjournment
A motion was made by Tony Paluzzi to adjourn the meeting, seconded
by Jon Mazuy and approved unanimously.
Meeting was adjourned at 8:30 p.m.