1998-05-05BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
MAY 5, 1998
A regular meeting of the Beverly Conservation Commission was held
on May 5, 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, Patricia Grimest Jay Donnelly
and Richard Benevento (7:55 p.m.). Also present was Assistant
Planning Director Debbie Hurlburt, 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.:
New: 323 Dodge Street - concrete pad for Shed, pool deck & walk/
Moulton
Gordon Wells addressed the Commission on behalf of the Moulton's
and stated that the applicant is installing an in-ground swimming
pool, and then explained a proposal to construct a pool deck, a
small concrete pad for a shed in the back yard, and a pool walkway
within a buffer zone. Mr. Wells explained that the walkway is
hardly in the buffer zone, but that the pad for the shed is
approximately 45' into the buffer zone. Mr. Wells stated that all
the work will be done by hand, that there will be no heavy
equipment used.
Chairman Lang asked if the area where the work is to take place is
100' from the buffer zone. Mr. Wells responded correct.
Jon Mazuy asked if they anticipate hitting water when digging for
the pool. Mr. Wells explained that the pool has already been dug
and that they did hit groundwater.
Jon Mazuy asked if haybales are all around the work area. Mr.
Wells responded yes.
Tony Paluzzi asked if the cement pad is outside the buffer zone.
Mr. Wells explained that the pad is inside the buffer zone, and
that they plan to place it on the grade so as to not disturb the
area.
Dr. Johnson asked if they plan to pour the concrete by hand.
Wells responded yes.
Mr.
Chairman Lang asked if any one from the public wished to speak.
There were none.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to issue a Negative Determination
#3, with the conditions that: (1) all work shall be done by hand;
and (2) that no sod shall be removed, seconded by Pat Grimes and
approved unanimously.
New: 3 Cobblers Lane reqradinq at rear of property/Curran
Thomas Curran addressed the Commission and explained a proposal to
regrade his backyard to make it usable and to construct a retaining
wall.
Tony Paluzzi asked what type of landscaping is to take place. Mr.
Curran stated that they will be using rocks.
Chairman Lang asked if any blasting will take place.
responded no.
Mr. Curran
Tony Paluzzi asked if any trees would need to be cut down by the
shed. Mr. Curran explained that there will be no tree cutting at
the right of the shed, but that a couple of trees will have to be
taken down on the left side of the shed.
Pat Grimes asked how far from the edge of the buffer zone is the
proposed work to take place. Mr. Curran stated that they will be
staying totally out of the buffer zone, that the retaining wall
will be approximately 105' plus or minus from the buffer zone.
Chairman Lang asked if the applicant plans to put down haybales
before commencement of any work. Mr. Curran stated yes, that they
plan to have haybales and silt fencing around the proposed work.
Chairman Lang asked how the applicant intends to place the rocks.
Mr. Curran explained that he intends to hire a contractor who will
use a small machine.
Tony Paluzzi asked if the wall will be vertical. Mr. Curran
responded yes, and explained that he might slope it slightly
backwards.
Chairman Lang asked how big the rock wall will be. Mr. Curran
stated that the ultimate height will be 7'.
Tony Paluzzi asked if any part of the wall will be on top of the
ledge. Mr. Curran stated no, that the wall will be back a little
from the ledge.
Chairman Lang asked if any one from the public wished to speak.
There were none.
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There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to issue a Negative Determination
#3, with the conditions that: (1) no blasting shall occur; and (2)
that haybales and silt fences shall be erected, seconded by Dr.
Johnson and approved unanimously.
New: 27 Wirlinq Drive - construction Of two car qaraqe/Paulette
William Paulette addressed the Commission and explained that he
would like to construct a two car garage at 27 Wirling Drive.
Tony Paluzzi asked if the back of the garage will be 90' away from
the resource area. Mr. Paulette responded yes.
Tony Paluzzi asked how far from the back of the house will the
garage be constructed. Mr. Paulette stated 10'
Tony Paluzzi asked if there will be a 5' set back from the fence.
Mr. Paulette stated yes, and explained that the garage will be 5'
from the fence and 5' from the boundary line.
Chairman Lang asked if the body of the garage will be 15' from the
tree line. Tony Paluzzi stated yes, 15'.
Debbie Hurlburt asked if the applicant needed anything from the
Zoning Board. Mr. Paulette stated no, that the set backs are fine.
Chairman Lang asked if any one from the public wished to speak.
There were none.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to issue a Negative Determination
#3, seconded by Jon Mazuy and approved unanimously.
New: 233 Dodqe Street - addition, fireplace and ~ool/Miller
David Miller addressed the Commission and explained a proposal to
construct a family room at the back of the house and install an
above ground pool in the backyard all within the buffer zone. Mr.
Miller explained that the pool is the closest area (approximately
75') to the wetlands, and that he can't move the pool over any
further because there is a slope in that area, that it is at the
farthest point away in order to be on flat surface. Mr. Miller
noted that the actual addition will be 100' from the wetlands.
Tony Paluzzi asked if there will be any excavation, to any depth,
for the pool. Mr. Miller stated no.
Tony Paluzzi asked what the applicant intends to do with the soil
from the sod that is removed for the bottom of the pool. Mr.
Miller stated that there will be no excavation, that it is an above
ground pool. Mark Favale, Mr. Miller's son-in-law, explained that
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there will be a small amount of sod removed and that they will
remove the sod far enough away from the wetlands, and stockpile it
on the other side of the pool. Mr. Miller stated that they will
have to bring in top soil and grass.
Chairman Lang asked if any one from the public wished to speak.
There were none.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to issue a Negative Determination
#3, with the condition that haybales must be placed as shown on the
plan and around the stockpiled area, seconded by Pat Grimes and
approvedunanimously.
New: 93 Lothrop Street - site work on walkways & bathhouse/City of
Beverly
Jim Thorton addressed the Commission on behalf of the City of
Beverly Community Development Department and stated that they are
proposing to make the bathhouse at Percy Lyons Park handicapped
accessible. Mr. Thorton explained that the proposal entails adding
a site ramp to the existing parking lot as well as an addition to
the walkway to the bathhouse.
Chairman Lang asked the amount of excavation that will take place
for the walkway. Mr. Thorton stated approximately 8" along the
walkway and that they plan to add 6" of crushed stone.
Tony Paluzzi asked how wide the
explained that the ramp will be 6'
be 5' wide.
walkway will be. Mr. Thorton
x 6" and that the walkway will
Tony Paluzzi asked if it will be the same as into the sand at the
beach ramp. Mr. Thorton explained that the walkway will go only to
the existing ramp, which is 6' wide.
Tony Paluzzi asked if they intend to remove the canopy on the
carousel. Mr. Thorton stated yes, as well as the wing walls.
Tony Paluzzi asked if the handicapped bathroom is inside. Mr.
Thorton stated that it is completely inside the existing structure.
Chairman Lang asked where the wing walls are. Mr. Thorton
explained that they are on the back end of the existing building.
Chairman Lang asked how the wing walls will be removed. Mr.
Thorton explained that they will lay down the control wall and
remove them on the ground.
Dr. Johnson commented that this was the first time he has known the
park to be called Percy Lyons Park.
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Jon Mazuy asked if this work will be done in the near future. Mr.
Thorton stated that they plan to start at the end of the season,
probably some time in September.
Jon Mazuy asked if the excavated material from the walkway will be
taken off the site immediately. Mr. Thorton explained that
anything that is not reused will be removed.
Jon Mazuy asked where the excavated material will be stored. Mr.
Thorton stated on the other side of the berm.
Tony Paluzzi asked if there are drains in the parking lot.' Mr.
Thorton explained that there is one catch basin in the parking lot.
Jon Mazuy asked how much material will be stored. Mr. Thorton
stated that he was not sure, possibly anywhere from 5-8 cubic
yards.
Jon Mazuy asked if haybales are going to be placed around the
stockpile. Mr. Thorton responded yes.
Chairman Lang asked if the wing walls were holding any soil right
now. Mr. Thorton stated no, and explained that the wing wall is a
support structure for the carousel.
Chairman Lang asked if any one from the public wished to speak.
Richard Mccarthy of 116 Lothrop Street stated that he doesn't mind
the berm being wider, but doesn't want it to be any lower. Mr.
Thorton stated that it will not be lower, that the berm will be 5½"
wide and steeper than required.
Mr. Mccarthy questioned the use of the front entrance for the
bathhouse. Mr. Thorton stated that the front entrance is intended
to be used for employees only.
Ms. Toni Musante of 12 Willow Street stated that she is pleased
with any accessibility project, but is concerned with flooding, and
asked if the affect of the berm and the wall has been reviewed.
She also stated that she is concerned with the storage of material
and whether more concrete will affect the effectiveness of the
berm. Mr. Thorton explained that they are not modifying the height
of the existing berm so it will not increase the amount of
flooding, and that any material stockpiled will be removed from the
site immediately, unless it is going to be used for the maintenance
of the wall.
Elsie Bernstein asked if Mr. Thorton stated that the ramp does not
meet code and that they are going to modify the ramp so it does
meet code. Mr. Thorton responded yes.
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Richard Mccarthy asked in what manner is the ramp going to be
modified. Mr. Thorton explained that they are going to modify the
ramp to the edge of the parking lot, and that they are going to
modify the walkway to slope up 1½' so that someone in a wheelchair
can rest.
There being no further questions or comments regarding this matter,
a motion was made by Dr. Johnson to close the hearing and to issue
a Negative Determination #3 with the conditions that haybales are
placed around the stockpile, at the ramp and at both sets of stairs
by the beach; that there be no washout of cement trucks; that
stockpiling is to take place in the parking lot; and that the
stockpile of material be limited to 30 days, seconded by Tony
Paluzzi and approved 6-1. (Chairman Lang opposed)
A motion was made by Tony
holding public hearings,
unanimously.
Paluzzi to recess for the purpose of
seconded by Jon Mazuy and approved
Public Hearinqs:
Continuation of Public Hearinq: Tall Tree Drive - 3 house lots
with utilities & road/Sullivan & Dailey
Paul Marchionda of Marchionda & Associates addressed the Commission
and reviewed the two main issues on the table. The first issue
being whether or not the applicant had to file under the River-
Front Act. Mr. Marchionda stated that they took the conservative
route and did file for the River-Front Act and that a packet of
information has been submitted to the Commission regarding the
River Front Supplemental Form. Mr. Marchionda also noted that they
submitted a Notice of Intent, and that an analysis was prepared.
The second issue being stormwater management and its impact. Mr.
Marchionda explained that they added a bituminous berm, and noted
that the swale design won't accept any water from the wetlands,
that no water will be added or taken away.
Mr. Marchionda reviewe~ the three alternative plans, these
alternative plans were previously filed with the Planning Board,
and stated that alternative plan #1 (the 3 Lot subdivision) is the
most recent plan.
Pat Grimes questioned why Mr. Marchionda believes that a storm
water management plan is not needed. Mr. Marchionda stated that
with the modified plan it is clear that there is no discharge to
the critical area, that it will not affect the critical area.
Chairman Lang asked what happens to the vernal pool now. Mr.
Marchionda stated that the vernal pool will stay exactly the same,
because they didn't increase or decrease the water table, and that
they are not altering the watershed. Mr. Marchionda further stated
that they did provide a cross-section for the swale area.
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Tony Paluzzi questioned the driveway of Lot #2 (by the vernal pool)
and asked if there will be a 58' contour. Mr. Marchionda stated
no, that it is a 56' contour.
Tony Paluzzi asked if they intend to reseed the area if they do
remove a couple of feet off the contour. Mr. Marchionda stated
that anything disturbed will be loomed and seeded.
Tony Paluzzi asked if they expect to hit groundwater when digging
the footings for the foundations. Mr. Marchionda stated no, and
explained that the foundations were designed to specifically stay
away from groundwater, that they kept all the foundations up for
that purpose.
Tony Paluzzi asked to what depth will the utilities be run for Lot
#2. Mr. Marchionda stated not very deep, that they will run them
into the existing ground.
Chairman Lang asked if the brush around the vernal pool area will
be cleaned out. Mr. Marchionda explained that they plan to install
a plastic snow fence, and that much of the area is going to be
totally natural, and noted that there is going to be quite a lot of
buffer zone for the vernal pool.
Chairman Lang noted that Lot #3 abuts wetlands, and asked if there
will be any fill going in there, that there is no grass in the
backyard. Mr. Marchionda stated that they do expect to have grass.
Chairman Lang asked if the encroachment of the wetlands will be
protected, and noted that there are no wetland flags out there.
Mr. Marchionda stated that the official wetland line was set by DEP
back in 1995, but that they wouldn't be opposed to reestablishing
the line.
Richard Benevento joined the meeting at this time. (7:55 p.m.
Chairman Lang asked if any one from the public wished to speak.
Rene Mary of 274 Hale Street suggested/requested that the house
lots be identified with flags and that the wetlands be reflagged;
she stated that the number of vernal pools has been inaccurately
presented (that there is only 1 not 2); she stated that she is
concerned that the vernal pool might not survive, and that she is
concerned with road salts and fertilizers and questioned how the
amphibians will survive, then suggested that the Commission ask for
this information.
Ms. Mary further stated that the stream responds to stormwater and
that she is concerned with water quality and the flow of velocity
impact. She then presented photo's to the members that were taken
from the air and explained them, stating that the water is flowing
10" from its normal flow, that it doesn't show on the topo, and
that an additional water supply is some where.
Chairman Lang read a letter from a resident of 8 Tall Tree Drive.
(On File)
Joanne Avallon of 17 Boyles Street explained that she is a member
of the neighborhood association in this area and that the
neighborhood is interested in knowing how the vernal pool will be
monitored and suggested that it would be wise for the developer to
speak with the neighborhood association on plans to facilitate the
area (our needs/their needs). Chairman Lang explained that this is
out of the Commission's hands, that she will need to speak with
someone associated with the subdivision.
Ms. Avallon further questioned how the developer believes that the
river flow won't be affected with the creating of three hills,
specifically for Lot #3.
Richard Benevento noted that on the site visit he noticed that the
northerly pipe was flowing freely, but that the southerly pipe was
blocked and only flowing { full.
Richard Benevento asked if the cross-section for the kettle holes
has been submitted. Mr. Marchionda responded yes.
Richard Benevento asked who owns the bridge across from the brook.
A member of the public stated that the bridge is located on the
Paddad's property.
Mr. Marchionda stated that there is clearly something blocking the
flow of the southerly culvert and that the Commission is welcomed
to condition that they clear it out.
Jon Mazuy asked Mr. Marchionda to address the issue with respect to
amphibians migration. Mr. Marchionda explained that the amphibians
can get to the wetlands, that they are not putting up a retaining
wall, and that they will not be impeded.
Tony Paluzzi questioned the cut back of the two 26" pipes. Mr.
Marchionda explained that the pipes were put in temporarily, that
they are longer than need to be, and that they plan to cut back the
barrel in order to put the headwall back further.
Chairman Lang asked if a drainage calculation has been submitted.
Mr. Marchionda responded yes.
A resident of 16 South Terrace asked how many more trees will be
cut down. Mr. Marchionda stated that he has no idea, but that
there will be a lot more taken down.
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Ms. Avallon asked if there is ever a possibility of anyone legally
getting a road through that area. Chairman Lang stated that
legally yes there could be a possibility. Mr. Marchionda stated
that there will be a deed restriction with respect to that issue.
Rene Mary suggested that the Commission keep the hearing open until
the members have had an opportunity to look at the plans submitted
to the Planning Board.
Virginia McGlynn of Ward 4 stated that she appreciates how much
time the Commission has taken with this project, that there have
been a lot of problems involved that would affect lots of areas.
Chairman Lang asked if there was anyone present who is in favor of
this project. Ms. Avallon stated that that was hard to answer,
that she would be in favor of this project if she knew that the
Conservation Commission would be given the easement because they
want public access. Mr. Marchionda stated that the applicant is
not going to give any land away, however, the applicant is
restricted to a 3 lot subdivision and that whatever access right
there is now will remain.
Richard Benevento asked if the Commission owned the conservation
land and if the land is currently land locked. Debbie Hurlburt
responded yes to both.
Richard Benevento asked if there are any legal public access ways
right now. Mr. Marchionda responded no.
Jon Mazuy asked if the developer ever considered moving the roadway
for house lot #3 further away from the vernal pool. Mr. Marchionda
explained to move further away would only bring the driveway
further into the River-Front area and that there are zoning laws.
Mr. Marchionda stated that he does feel that stormwater management
standards do comply. Pat Grimes stated that she disagrees, that
she is not entirely satisfied that this is not covered under or
subject to the protection of the River's Act.
Chairman Lang asked Mr. Marchionda why he believes that they are
exempt from it. Mr. Marchionda stated that he will white out the
check mark or will redo form.
Rene Mary suggested that the Commission keep the meeting opened for
one more month in order to get the National Heritage's and
Endangered Species Program opinion regarding the vernal pool.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to close the hearing, seconded by
Tony Paluzzi and approved unanimously.
Continuation of Public Hearinq: LP Henderson Road - mini-storaqe
facilitv/T Ford Company
Chairman Lang recused himself from discussion of this matter, Tony
Paluzzi chaired the meeting.
Attorney Thomas Alexander addressed the Commission on behalf of
Thomas Ford and stated that they are seeking another extension, and
explained that he has spoken with Frank Killilea who has informed
him that the Draft Phase I Report has been prepared and is with DEP
for comment, that DEP comments are due back within a week or so,
and that the matter will then be scheduled for a public hearing
sometime in late May/early June. Attorney Alexander explained that
they will be discussing Phase II/8cope of Work at the hearing (ie:
what particular work needs to be done on the site), and that this
site has the highest priority.
Attorney Alexander noted that they need to finalize Phase I & II
before returning to the Commission, that it is the wish of the City
to keep this matter open and report back when they have the final
report.
Jon Mazuy asked how long does the applicant need.
Alexander stated to the Commission's June meeting.
Attorney
Jon Mazuy asked if the Commission is running into any regulations.
Debbie Hurlburt stated no.
Tony Paluzzi read a letter from Mr. Dominic Manzoli. (On File)
A motion was made by Richard Benevento that information/letters be
submitted into the record and not read into the record, seconded by
Jay Donnelly and approved unanimously.
Rene Mary of 274 Hale Street stated that she disagreed with this
motion. Debbie Hurlburt stated she too disagreed with this motion.
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 meeting scheduled for June 30, 1998, seconded by Dr.
Johnson and approved unanimously.
Continuation of Public Hearinq: 2 Marqin Street
demolition & buildinq construction/Bunk
buildinq
Attorney Thomas Alexander addressed the Commission on behalf of
Jeff Bunk and stated that at the last meeting there were a couple
of outstanding issues. One was regarding the filing of a Chapter
91 License, and the second was the filing of a Notice of Intent.
Attorney Alexander explained that did file for a Chapter 91 License
on April 8, 1998 and that the matter is still pending; and that
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they did file a copy of a Notice of Intent, but that they do still
need to receive an Order of Conditions.
Attorney Alexander then passed out a revised plan. Richard
Benevento noted that they need to make clear on the plan that the
floor drains are to be tied into the MDC traps and that the sewer
water is not to be hooked up to run through the drains.
Richard Benevento stated that he was out there on Saturday and
asked what is happening to the boatramp. Attorney Alexander
explained that Mr. Bunk doesn't own it and that he doesn't really
know.
Richard Benevento asked if the water would be running off the site.
Mr. Bunk stated no, and explained that everything is pitched to the
center.
Tony Peluzzi asked if any one from the public wished to speak.
Maureen Troubetaris of 20 Davis Road questioned if the run-off is
going to run into the sewer system. Attorney Alexander stated no,
and explained that there is a drain catch in the garage; that they
are required to recycle all the water; and that if there is a spill
the oil/grease will go into these MDC traps. Mr. Bunk explained
that the MDC traps are for emergency catch purposes only, and that
there will be no run-off into the sewer system.
There being no further questions or comments regarding thi~ matter,
a motion was made by Jon Mazuy to close the hearing, seconded by
Pat Grimes and approved unanimously.
Chairman Lang returned to the meeting at this time.
Continuation of Public Hearinq: 38 Pane Avenue - retaininq wall,
inqround pool & poolhouse/Seeliq
John Dick of Hancock Environmental addressed the Commission and
stated that he intends to ask for a continuance of the hearing
because the site walk with Coastal Zone Management has not yet
taken place, but that he would like to first hear any questions/
comments the Commission may have from their site visit.
Dr. Johnson commented that the bank may not be eroded by sea
action, but that he would like to suggest that the applicant plant
the bank with some vegetation that will hold as well. Mr. Dick
stated that Dr. Johnson's suggestion is being discussed and that
the applicant is considering it, and stated that a wall might not
be the best solution.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the hearing until the
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Commission's next meeting scheduled for June 2, 1998, seconded by
Dr. Johnson and approved unanimously.
New Public Hearinq: Sylvester Avenue - house construction/Trentini
Greg Bowden representing the applicant Ron Trentini addressed the
Commission, and explained a proposal to construct a single family
house with a driveway and utilities on a lot that does fall within
100' of a buffer zone and the Rivers Act. Mr. Bowden stated that
the area is not developed and is not yet paved.
Chairman Lang asked if the Rivers Act was applicable. Mr. Bowden
explained that the road that exists is a paper street on an
existing way that was just never paved.
Pat Grimes asked if a definitive plan covering the road and
utilities for Sylvester Avenue will be on file before August 1,
1998. Mr. Bowden explained that the right of way for the road has
existed since 1942.
Pat Grimes asked if it is part of the whole plan. Mr. Bowden
stated that it is a Form A lot.
Pat Grimes asked what a Form A lot is. Debbie Hurlburt explained
that the plans for the roadway do not have to go through the
standard Planning Board process because it is a lot that currently
exists on an approved way.
Pat Grimes questioned whether they are subject to and need to file
with the Rivers Act. Mr. Bowden explained that the lot was part of
a whole subdivision (Masterplan) that was previously approved.
Tony Paluzzi stated that the plan shows that the water is not going
to flow into the cove, and asked where the water is going to go.
Mr. Bowden explained that what they are basically doing is
channeling the roadway into the inside part of the lower road and
then rip rap.
Chairman Lang asked if there will be any blasting. Mr. Bowden
stated yes.
Chairman Lang asked if they intend to build-up the grade. Mr.
Bowden explained that they intend to bring in earth to save the
cost of blasting, and noted that they are going to put the garage
underneath.
Chairman Lang suggested that the
asked the developer to stake out
and where the road is going to
roadway, before the site visit.
Commission do a site visit and
where the house will be located
be, including the edge of the
A site visit was scheduled for Saturday, May 16, 1998 at 8:30 a.m.
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Chairman Lang asked if any one from the public wished to speak.
Maureen Troubetaris of 20 Davis
walkway not a roadway, that an
through to the park.
Road stated that it is a public
entire walkway was put in to go
Clair Thompson of 16 South Terrace stated that she uses the right
of way all the time, and stated that she is very distressed that
there is a proposal to place a house in this area, and that she is
upset that all the swans, king fish, etc. that are in this area
will be displaced. She further stated that she is concerned with
blasting because there are weltands in the area and that she feels
that enough wetlands have been taken in this area, and that it is
her request that a house not be placed in this area.
Maureen Troubetaris suggested that it would be wise for the
developer/applicant to check with South Essex Sewerage.
Frank Killilea stated that there will be no construction if it is
associated with South Essex Sewerage.
Chairman Lang asked if the easement for the road indicates who owns
access for house. Mr. Killilea stated that it is a City road, a
private way. Mr. Bowden stated that it is an accepted City right
of way, a paper street.
Ron Trentini stated that it is a public way, that South Essex
Sewerage did go through there, that they intend to run a paved way
to it, that there will be no access to the park, that there have
been a number of preliminary meetings in order to keep this project
at a minimum impact, that the road will be 18' with all Planning
Board and City of Beverly construction standards, and that the
impact is to make it as minimal as possible, one house lot, and
paving on public way.
Maureen Troubetaris stated that she is a member of the Sea Coast
Access Group and explained that the Group tries to gain public
access to waterways and that they accepted grant money to make the
walkway.
Mr. & Mrs. Manzi of 34 Roderick Avenue are direct abutters, and
stated that they have no objections to this project.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the hearing to the
Commission's next meeting scheduled for June 2, 1998 pending a site
visit scheduled for Saturday, May 16, 1998 at 8:30 a.m., and that
the issue of the roadway be resolved prior to the next meeting,
seconded by Tony Paluzzi and approved unanimously.
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New Public Hearinq: 27, 29, 31 & 33 Riverview & 1 Bass Streets -
qravitV sewer & drain ~ipe/City of Beverly
Dana Green addressed the Commission on behalf of the City of
Beverly and stated that he is here to present a Notice of Intent
for the City of Beverly. Mr. Green explained that the houses that
will be serviced for the gravity sewer system are ones that
presently have failing/potentially failing septic systems. Mr.
Green explained that they intend to connect directly into City
sewer and that in addition to the gravity sewer, a 12" PVC drain
pipe will be constructed within the buffer zone to a coastal bank.
Mr. Green explained that there is an existing trough that collects
water, and that they are proposing deep sump catch basins that will
better separate. (gas/oils)
Chairman Lang asked when this project will begin. Mr. Green
explained that this project is tied into another project that has
other pending issues, that they hope to begin this Fall, and noted
that the construction will take less than two months to complete,
that it will be better for the resource area and better for the
contractor to build quickly.
Chairman Lang questioned the sequencing. (ie: excavate during day,
fill at night) Mr. Green explained that the contractor will dig a
shallow trench, lay the pipe and backfill all in the same day, that
it is all done as they go along.
Richard Benevento questioned drain line profile B and asked if they
intend to build a headwall. Mr. Green explained that they will
remove and reconstruct the headwall during low tide.
Richard Benevento questioned the pitch on the slope and asked what
type of velocity will be coming out of the end of the pipe. Mr.
Green explained that the water would discharge to a rocky coast and
that he doesn't know how fast water will be coming out of the pipe.
Richard Benevento asked if it is all rock after mean high water.
Mr. Green stated that there is some sand, but that it is mostly
rock.
Dr. Johnson asked how the homeowners feel about this project going
through their backyards.
Christine Beote Of 32 Riverview Street stated that she isn't
against anyone getting City sewerage, but that she is not happy
with the proposed project and what mess will result from the
construction of it.
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Richard Benevento asked if they will be blasting to get the
manholes in. Frank Killilea explained that they will either have
to blast or chip away at the street.
Chairman Lang asked if any of the members did a site visit. Tony
Paluzzi stated that he only drove down the street.
Chairman Lang asked if any one from the public wished to speak.
Maureen Troubetaris addressed the Commission and explained that the
residents on the street have requested to be hooked up to City
sewer, that they would be willing to have new septic systems put
in, but they are not entitled under Title 5. She stated that they
are having a hard time trying to sell their homes because of the
new law, and noted that above all the situation is a health hazard,
and that this project needs to be a priority. Mr. Green stated
that by installing City sewerage, it will increase the value of the
houses and that they will be able to sell their houses.
Betsy Vickseli of 27 Riverview Street stated that yes, residents
want to have City sewer because we want to be able to sell our home
but can't, she further explained that everything goes downhill to
the river, and that there is a lot of street run-off, and stated
that if not this plan, then another plan needs to be proposed, that
it is in the best interest for the river and for the residents to
rectify the situation as soon as possible. Ms. Vickseli noted that
it will be a difficult project, that the street is solid ledge.
Claude Thibodeau of 21 Riverview addressed the Commission and
stated that the street is one massive ledge and it will be a
difficult situation, he suggested that the contractor who is to do
the job, come before the Commission and submit a record of
accomplishments for cutting through rock, that a ward of skill will
be needed. He further explained that the houses are all set on
rock foundations, that there will be a lot of cutting and pitching,
and stated that he requests that the Inspector keep an eye on this
project. Chairman Lang stated that the Commission will request
that the City Inspector be out there. Frank Killilea stated that
the City intends to enter into an agreement with Camp Dresser McKee
during this project for the residents sake.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to close the hearing,
seconded by Jay Donnelly and approved unanimously.
Order of Conditions:
Tall Tree Drive
Jon Mazuy stated that the application is flawed within itself.
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Chairman Lang stated that there are some questions with respect to
the calculations.
Richard Benevento stated that the Commission should consider,
before any work goes forward to get certification from the National
Heritage and if required then file for a modification to mitigate
any impact.
Pat Grimes stated that the applicant hasn't proved to her that
there is won't be any significant impact on the River Front.
Chairman Lang stated that the plans are inconsistent with what has
been presented.
Jon Mazuy proposed that the Commission reject the project. Richard
Benevento stated that he agrees with Jon, however, a denial will
result in an Appeal to DEP and will take away all the Commission's
good ideas and we'd have no say.
The Commission voted to issue (1) standard conditions for this
project; and in addition (2) that the applicant clean out the
existing 36" culverts; (3) that the following wetland boundaries be
reflagged: El-E10, A32-A44 and B33-B43; (4) that the existing
buffer around the vernal pool shall be maintained and the lot
grading shall accommodate this natural buffer. Additionally, prior
to clearing and grading of lots 2 & 3, applicant must contact the
Conservation Commission for a site inspection to verify areas to be
cleared prior to cutting; (5) that covenants be established between
the builder and buyers indicating that the vernal pool exists and
must be protected and maintained in perpetuity; (6) that a plastic
silt fence shall be installed during construction around the area
of the vernal pool; (7) that the size and number of the stormwater
culverts shall be determined by the City Engineer; (8) that
construction of the culverts shall occur between July 1, 1998 and
November 1, 1998; (9) that the Engineer shall consult with the
Massachusetts National Heritage & Endangered Species program to
determine if the plan presented does supply adequate protection to
the vernal pool and its migratory routes; (10) prior to any
commencement of work occurring, the applicant shall request in
writing to the Massachusetts National Heritage and Endangered
Species Program a determination on endangered species within the
project limits and shall submit the determination to the Beverly
Conservation Commission. If a positive determination is made, the
applicant shall immediately file a Modification to the Order of
Conditions and submit a plan which identified mitigating measures
to protect endangered species identified within the project limits;
(11) that no fertilizers or pesticides shall be used; (12) that the
applicant must refile the River Front Supplemental Form and address
#3 & 7; (13) that the applicant must submit a Stormwater Management
Plan; (14) that all material whether existing or from construction
shall be removed and legally disposed of off site; (15) that the
applicant must submit a detail plan of the modification of the two
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existing 36" culverts and construction of the new headwalls and how
they are going to divert the water during construction to the
Commission; (16) that there shall be no cement truck washout on
site; and (17) that there shall be no salt on the driveways.
A motion was made by Jay Donnelly to approve the Order of
Conditions for Tall Tree Drive as agreed, seconded by Tony Paluzzi
and approved 6-1. (Jon Mazuy opposed)
2 Marqin Street
The Commission voted to issue (1) standard and coastal conditions
for this project.
A motion was made by Dr. Johnson to approve the Order of Conditions
for 2 Margin Street as agreed, seconded by Pat Grimes and approved
unanimously.
27, 29, 31 & 33 Riverview & 1 Bass Streets
The Commission voted to issue (1) standard and coastal conditions
for this project and in addition; (2) that the City of Beverly
enter into an agreement with Camp Dresser McKee for a resident
Inspector to be on site during construction everyday to ensure that
all work is completed in accordance with the plan specifications
and the Order of Conditions; (3) that all trenches opened up during
the day be ciosed of platted; (4) that material be hauled off-site
at the end of each day and closed off in containers; and (5) that
the septic systems be properly closed in accordance with standards.
A motion was made by Jay Donnelly to approve the Order of
Conditions for 27, 29, 31 & 33 Riverview & 1 Bass Streets as
agreed, seconded by Tony Paluzzi and approved unanimously.
Old/New Business
Debbie Hurlburt stated that the MEPA filing came in for Hale
Street (Mullen/Loeb Estate) and asked the members if she shall
respond and how should she respond.
Debbie Hurlburt read a letter from Mr. Coffee of 97 Haskell
Street. (On File)
Debbie Hurlburt informed the members that Mass Highway's YOP
package has been submitted for comment.
Debbie Hurlburt informed the members that a Chapter 91
Waterways License for Jeff Bunk is on file for review.
Debbie Hurlburt informed the members that Chairman Lang issued
an Enforcement Order for the North Shore Music Theater to
cease & desist dumping of landscaping materials and that they
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are going to contact Debbie to discuss a plan to remediate the
area.
Debbie Hurlburt reminded the members of the Vincent Cotreau
Memorial Service Dedication on May 9, 1998.
Richard Benevento informed Chairman Lang of his motion that
any future letters of several pages submitted by the public be
entered into the record and not read into the record, for the
interest of time. Attorney Thomas Alexander confirmed that it
is OK to do this.
Chairman Lang stated that he would like for the Commission to
authorize $150.00, if need, for the sampling of what has been
dumped into Norwood Pond.
A motion was made by Jon Mazuy to authorize the amount of $150.00
for chemical testing of Norwood Pond, seconded by Richard Benevento
and approved unanimously.
Debbie Hurlburt stated that the Commission should discuss at
the next meeting setting up a special meeting regarding
instituting By-Laws for the Conservation Commission.
Approval Of Minutes: March 17, 1998 & April 7, 1998
A motion was made by Dr. Johnson to approve the minutes of the
March 17, 1998 meeting, seconded by Jon Mazuy and approved 7-0-1.
(Richard Benevento abstains)
A motion was made by Dr. Johnson to approve the minutes of the
April 7, 1998 meeting, seconded by Jon Mazuy and approved 7-0-1.
(Jay Donnelly abstains)
Adjournment
A motion was made by Jon Mazuy to adjourn the meeting, seconded by
Tony Paluzzi and approved unanimously.
The meeting was adjourned at 10:50 p.m.
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