1998-09-01BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
SEPTEMBER 1, 1998
A regular meeting of the Beverly Conservation Commission was held
on September 1, 1998 at 7:00 p.m., third floor, City Hall, 191
Cabot Street.
Those Present were: Vice-Chairman Tony Paluzzi, Jay Donnelly, Pat
Grimes, Jon Mazuy, and Richard Benevento. Also present was
Director of Engineering Frank Killilea, Jr., and Susan Akerman,
Secretary to the Commission.
Vice-Chairman Paluzzi chaired the meeting.
Meeting called to order by Vice-Chairman Paluzzi at 7:00 p.m.
Discussion with Cummings Center re: walkway with Beverly Harbor
Manaqement Authority
Bruce Oveson addressed the Commission on behalf of Cummings
Property and explained a proposal for a walkway with the Beverly
Harbor Management Authority as part of the Chapter 91 filing and,
as part of the Conservation Commission filing. Mr. Oveson
explained that there will be a public access pathway around the
upper and lower portion of the pond, and that he has prepared an
aerial photo of the area, noting that the dash line indicates the
pathway that already exists or that will connect up to the existing
pathway.
Mr. Oveson reviewed how the pathway will go around, pointed out
several existing structures (ie: an old gate, set of stairs, and a
bridge), and noted that these structures will have to be replaced
for safety reasons. Mr. Oreson explained that the existing pathway
is handicapped accessible, that there are curb cuts, that there are
some areas to be enhanced and leveled off, that benches are in
place around the pond, he noted that the trees are dense and that
one can see through them, and that Cummings Properties is proposing
for the pathway to be away from the edge of the water.
Richard Benevento joined the meeting at this time. (7:10 p.m.)
Mr. Oveson explained that they are proposing a determination point,
which could be structured as a sort of cul-de-sac, that they can
put benches around that area, but if there is a desire to connect
the pathway all the way around the pond, a pathway would have to be
put in along the edge of the school's property, and that concept
will have to be discussed in further detail with the appropriate
individuals, but stated that this is the reason why Cummings chose
this location for the determination point, and noted that this area
will be all fenced in.
Mr. Oveson reviewed the materials that will be used, and explained
that the pathway is proposed to be asphalt so that it is desirable
and accessible to a11. Mr. 0veson stated that the pathway has been
staked out so it won't disturb any major trees, that Cummings has
already purchased a number of additional cedar benches and trash
receptacles to match.
Next, Mr. Oveson reviewed the lighting scheme, and stated that they
are considering a bronze light pole in order for them to be
camouflaged in the trees.
Richard Benevento asked if they have considered illuminated balls.
Mr. Oveson stated that they did discuss that, but that they are
concerned with vandalism, but noted that a low light can be
considered.
Jay Donnelly asked what impact will there be to the pond and
wetlands during construction. Mr. Oveson explained that they will
comply with all normal controls during construction (ie: silt
fencing, haybales), that he can't say what the impact will be
after, but if the pathway is nice enough, people will stay on the
path, and noted that's what the benches and the lighting are for,
to keep the public away from the pond and wetlands. Mr. Oveson
further stated that Cummings grounds crew can go in and clean up
the trash receptacles.
George Whitney with the Harbor Management Authority asked why
nothing is being done on the left hand side of the pond. Mr.
Oveson explained that because there is already a public sidewalk,
Cummings didn't see the reason for tearing up an existing walkway
just to get closer to the pond.
Mr. Whitney stated that in regards to City owned property, Harbor
Management would like the public to be able to walk all around the
pond, that the upper left hand corner is a very historic point, and
that Harbor Management would also like some type of appropriate
signage in this location.
Another representative of the Harbor Management Authority addressed
the Commission with respect to the section where the fenced portion
of the property stops, and stated that the City is willing to pay
for the fence to be extended to the upper end of the pond, if
Cummings is willing to create a pathway in this area. Mr. Oveson
stated that the school district has to be considered.
Richard Benevento stated that the Conservation Commission is
concerned with the presentation on the impact to the pond and to
the wetlands, and that perhaps this issue could be discussed at a
later meeting. Mr. Whitney stated that the intent is that the
Harbor Management Authority and the Conservation Commission jointly
agree on these issues under the Order of Conditions.
Mr. Oveson stated that Cummings will meet separately with Harbor
Management to iron out any additional concerns, but that he would
like to come to an agreement on the general pathway so that
Cummings can go forward.
Jon Mazuy asked if Harbor Management Authority had any objections
to Cummings starting on the entire walkway except the westerly
side. Mr. Whittney stated that Cummings could do the easterly
side, but they would have to further discuss the area where
Cummings intends to put the pathway on the Northeast portion of the
property.
Jon Mazuy stated that he would personally like to walk the pathway
first.
Richard Benevento asked how soon does Cummings want to get this
project underway. Mr. Oveson responded this season.
Richard Benevento asked Mr. Oveson if it is reasonable to continue
this matter to the Commission's next meeting, so that you can meet
with Harbor Management, and during that time the Conservation
Commission can walk the pathway. Mr. Oveson responded yes, that's
fine.
Acting Chairman Paluzzi asked if any one from the public wished to
speak.
Joan Murphy of Longmeadow Road stated that she feels that there
will be safety issues if there is no fence along McKay Street, on
the westerly side.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the discussion with
Cummings Properties to the Commission's next meeting scheduled for
September 29, 1998, seconded by Richard Benevento and approved
4-0-1 (Tony Paluzzi abstained)
ReUuest for Determination of APPlicability
Continuation: Branch Lane - Delineation / Benevento
Tony Paluzzi explained to the members that David Lang and he did a
site visit to this location, that 90% of the activity is out Of the
buffer zone, but with one small corner at the driveway would be in
the buffer zone.
Mr. Benevento addressed the Commission and explained that he had
the wetlands previously flagged, but that they have been rechecked
and some changes were made.
Jon Mazuy asked if there are now more or less wetlands. Mr.
Benevento responded more.
Pat Grimes stated that if Tony was comfortable with the delineation
she was okay with this project as well.
There being no further questions or comments regarding this matter,
a motion was made by Pat Grimes to issue a Positive Determination
#1, seconded by Richard Benevento and approved unanimously.
New: McPherson Youth Center - Walkway installation/City of Beverly
Frank Killilea, Jr. addressed the Commission with a proposal to
construct a 5' walkway along the river at the McPherson Youth
Center, but noted that there is one deviation to the plan because
of the current structural problem along the seawall, so it was
determined that the City would construct the walkway to be inside
the baseball pitching area but away from the wall. Mr. Killilea
explained that the City intends to replace a 100' section of the
wall, install a pump station, as well as a drainage system, so that
there will be deep storm drainage. Mr. Killilea noted that the
drainage plans are in the preliminary stages at this time.
Mr. Killilea further stated
asphalt with crushed rocks,
Stop & Shop sidewalk.
that the walkway will be bituminous
and that the walkway is part of the
Richard Benevento asked if it is the City's intention to put the
walkway back in after the drainage system and pump station have
been put in. Frank Killilea responded yes.
Tony Paluzzi asked if there has been any settlement. Mr. Killilea
stated that there is no evidence of any washouts occurring.
Richard Benevento stated that assuming there are no other issues,
he would like as one condition that the City submit a plan showing
the relocation of the walkway.
Pat Grimes stated that she is concerned with run-off
asphalt, and added drainage run-off to the river. Mr.
noted that the wall will be along the seawall.
from the
Killilea
Jay Donnelly asked how the water generally drains across the
property. Mr. Killilea Stated by a stone filter system only, and
explained that the drainage system can't give a clear estimate at
this time, but noted that there will be weepholes underneath the
wall.
Acting Chairman Paluzzi 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 Richard Benevento to issue a Negative
Determination #3 for this project with the conditions that the
Engineering Department shall submit a revised plan to the
Conservation Commission Administer which identifies the location of
the walkway; that haybales are placed down along the wall where it
is to be asphalt; that construction equipment Shall be removed away
from the river at night; and that there shall be no fueling on
site, seconded by Jon Mazuy and approved unanimously.
New: Cross Lane - Soccer field u~qrade / City of Beverly
Frank Killilea, Jr. addressed the Commission and explained that
there has been a slight modification to the' plan regarding the
irrigation system. Mr. Killilea reviewed the red line on the plan
which outlines the area of the field that is to be irrigated, and
explained that the City intended to show the arrogation lines to
extend inside over half of the field, and noted that the
modification has been made to the plan to reflect the irrigation
lines, and then pointed out where the back flow location is.
Mr. Killilea further stated that there is one other consideration
that the City is seeking, and that is to allow the City to go in
and clear approximately 10' of brush located in back of the red
line because brush build-up has encroached the field, and clearing
the brush will make the field safer to play on.
Jon Mazuy noted that there has already been some clearing.
Jay Donnelly asked if the boundary of the wetlands are delineated
by flags. Mr. Killilea responded no.
Jon Mazuy stated that he would like a professional to flag the
wetlands because he thinks that the City has already encroached
into the wetlands, that a bulldozer pushed some brush into the
wetlands.
Richard Benevento asked if this proposal is an existing filing.
Jon Mazuy stated not to my understanding.
George Zambouras addressed the Commission and explained that back
in 1995 the Engineering Department was going to propose to fill in
some of the wetlandsand recreate them, but there were some traffic
issues, and the plan was withdrawn.
Tony Paluzzi asked who flagged the field.
himself and Vinny Cotreau did.
Mr. Z~mhouras stated
Jay Donnelly asked what is being proposed. Mr. Killilea stated
that there is no proposed filling, but what the City is seeking to
do is to clear the brush 10' beyond the irrigation area (near the
140' line).
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Jay Donnelly questioned the parking area for the field. Mr.
Killilea stated that there is no attempt to change the parking
area.
Mr. Killilea further explained that the trenches are already in for
the irrigation system, and that one will be able to see the area
where they have already cleared and stopped, and noted that there
is approximately is a 50-60' stretch where the City didn't touch.
Jay Donnelly asked what the scope of the proposal is, and the
intent of the project. Mr. Killilea explained that the field at
present is not being used, that the City would like to recondition
and repair it, and that the Department of Public Services is
proposing to put in an irrigation system, regrade the field to
eliminate dips, and improve the grass growth. Mr. Killilea also
noted that there are haybales up.
Jay Donnelly asked if
Killilea responded no,
next years season.
the soccer field would be expanded. Mr.
it's just to get the soccer field in use for
Jon Mazuy asked if the Commission would have permission to go all
around the field. Mr. Killilea responded yes.
Jay Donnelly asked Tony Paluzzi if the Commission should bring a
wetland scientist. Tony Paluzzi stated that it wouldn't be a bad
idea.
Jay Donnelly asked if Public Works would pay for the wetland
scientist. Mr. Killilea stated that he will see if the department
can afford it on their budget.
Acting Chairman PaluZzi asked if any one from the public wished to
speak.
Rene Mary Of 264 Hale Street stated that she does remember being on
a site walk to the soccer field, and does question how close to the
wetlands the City has come, because this is one of the contributing
areas of the brook, and that she is a little leery about tampering
with anything that interferes with the brook.
Jon Mazuy suggested that the Commission issue a cease and desist
order until the Commission's next scheduled meeting.
Richard Benevento asked if the field was completely disrupted. Mr.
Killilea stated that they are in the process of installing the
irrigation system, but that he will have them start around the 100'
buffer zone. Mr. Killilea noted that the work is being done by an
irrigation subcontractor with the Department of Public Services.
Jon Mazuy asked if the Commission issues a cease and desist order
how will this affect the work. Mr. Killilea stated that the intent
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is to get grass to grow this fall, so this will be problematic.
George Zambouras addressed the Commission as a member of the
Beverly Board of Soccer and stated that the Board of Soccer would
like to request that the Conservation Commission permit Public
Works to continue with their work on the field portion because they
will not be infringing upon the wetlands, and that he sees no harm
as long as Public Works limits their work, that it has been a field
since 1982, but concurs with the Conservation Commission's decision
to wait until after they review the area to allow the clearing of
any further brush.
Jon Mazuy questioned where the existing field is now that they have
bulldozed some of the area. Mr. Zambouras stated that the limits
of the existing field are still on the plan, and that the goal
posts are still there.
Jay Donnelly asked if the distribution pipes will have heads. Mr.
Killilea stated that four of them will, and then pointed them out.
Mr. Killilea concluded that the City is proposing to clear 10' of
brush in back of the irrigated field system, that haybales are in
the area where the brush is, and that the irrigated area will be
larger than the field.
A motion was made by Jon Mazuy that all work within the buffer zone
cease, and to continue this Request for Determination of
Applicabilities until the Commission's next meeting scheduled for
September 29, 1998, pending a site walk on Saturday, September 12,
1998 at 8:00 a.m., withan expert whose fee will be paid by either
DPW or the Conservation Commission.
Richard Benevento asked if the soccer field was easily definable.
Mr. Killilea stated yes.
A motion was made by Jon Mazuy to withdraw his previous motion,
seconded by Jay Donnelly and approved unanimously.
A motion was made by Jon Mazuy that all work cease within 20' of
the south side of the soccer field as it exists, that a site walk
is to take place on Saturday, September 12, 1998 at 8:00 a.m., and
that a wetland scientist be hired by the Conservation Commission
whose cost is to be paid by DPW or the Conservation Commission, and
that the Commission seek to agree on the area where the wetlands
are involved, seconded by Pat Grimes and approved unanimously.
A motion was made by Richard Benevento to recess for the purpose of
holding public hearings, seconded by aon Mazuy and approved
unanimously.
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Public Hearinqs:
Notice of Intent:
New: Linden Avenue Court - house cons~g~9~.~_A~vatti
George Zambouras representing the applicant Acciavatti addressed
the Commission and explained a proposal for construction of a
house. Mr. Zambouras reviewed the location of the parcel, and
stated that the parcel has been anexisting parcel since 1950. Mr.
Zambouras explained that the lot is currently vacant, that the
applicant is proposing construction of a house with a garage, deck,
associated driveway and utilities.
Mr. Zamhouras stated that the parcel is in the River Front area and
in a buffer zone. Mr. Zambouras stated that prior to construction
they will install silt fencing so that during construction there
will be no disturbance of the beach bank area. Mr. Zambouras
further stated that the contractor will have construction equipment
on site where the foundation is to be built, but noted that the
equipment will not stay on site. Mr. Zambouras explained that the
proposed house dwelling with attached driveway is proposed to be a
38' x 28' structure, and that the deck will be in the rear.
Mr. Zambouras noted with respect to the River Front Act that they
couldn't relocate the position of the house, and then pointed out
the red line on the plan which indicates the edge of the existing
gravel lot and stated to relocate the driveway would create more
disturbance to the River Front area.
Mr. Zambouras stated that there will be some temporary disruption
to the lot for the installation of the water pipes, but that they
intend to restore the area back to a grass vegetation. Mr.
Zambouras stated that in order to protect the river and bank they
will use compressed bull, that some flow will go to the river and
toward the existing house, but that they intend to create swales
along the side of the dwelling in order to direct the water toward
the river.
Jay Donnelly asked how the foundation will be designed in order to
prevent sliding. Mr. Zambouras explained that there is a 15' high
vertical ledge on the lot and due to the embankment there will be
no sliding, that it is a flat surface that they are building on,
and less than a 4% slope.
Jay Donnelly asked if any blasting is expected for the subsurface
of the foundation. Mr. Zambouras stated that if they would if they
encounter ledge, but stated that the applicant is on a budget and
they don't want to blast any ledge if possible.
Jay Donnelly asked if there is an existing profile of the rock.
Mr. Zambouras responded no.
8
Richard Benevento noted that a trench drain will have to have a PVC
pipe. Mr. Zambouras explained that the intent is to fill the
trench in with stone, so they can easily install a pipe.
Jay Donnelly asked if they intend to put down filter fabric before
the stone is put in the trench and before the walls of the trench
are constructed. Mr. Zambouras stated that they didn't propose to,
but if the Commission is concerned with that aspect they can
install fabric between the walls of the trench.
Tony Paluzzi asked if they have calculated for the run-off of the
garage, etc. Mr. Zambouras stated that they didn't, but if they
limit it to the lot itself there will be a lot, but if they limit
it to the river or they can provide one.
Pat Grimes stated that Mr. Zambouras made a good presentation.
Acting Chairman Paluzzi asked if any one from the public wished to
speak.
David Suminsby of 21R Linden Avenue addressed the Commission and
stated that he is concerned with the impact of run-off to the area,
and asked if the applicant plans to install swales. Mr. Z~mhouras
responded yes.
Mr. Suminsby further stated that he is concerned with added run-off
to his property, and stated that if the area elevation is correct,
there will be quite a slope to the new structure, but if
appropriate swales are in place he feels that they will adequately
handle the run-off, but that he is also concerned that this area of
embankment that has a vertical drop could cause significant
erosion.
Mr. Suminsby also stated that he is concerned about a particular
tree that is referenced in the plan, and stated that the location
and the size of the tree has been referenced wrong on the plan,
that the tree is about 6' in diameter and 6' from his property
line. Mr. Suminsby stated that he is concerned about the impact of
this tree, that its root structure will be removed or severely
impacted, and that the tree has a practical and sentimental value
to him, and he would be concerned with the loss of this tree, that
if the roots get damaged it could uproot. Mr. Suminsby further
explained that he is in the process of constructing a deck to his
property, and noted that he has kept away from the perimeter from
this tree, and that when he was digging for the sono tubes, he ran
into some big roots and stayed away from them.
Mr. Suminsby submitted a drawing to the Conservation Commission for
its file.
Mr. Suminsby further stated that due to the elevation and slope to
the area, that if the Conservation Commission thought it
9
appropriate for the applicant to extend the line Of haybales to his
property, that it will be acceptable to him temporarily.
Mr. Zambouras explained that currently on the left edge of the
gravel driveway there is a significant amount of run-off that goes
down the roadway, but noted that they are trying to incorporate
into the design, a slight grade adjustment so it will funnel the
run-off around the building, and noted that some run-off will be
eliminated from Mr. Suminsby property. Further Mr. Zambouras
explained that a mini stream develops during a severe storm, and
noted that the swale should be significant enough to hold all that
water.
Richard Benevento suggested that Mr. Zambouras add to the plan a
cross section of the north side of the fence in order to see what
the swale looks like, and to see if adequate water does not run
onto Mr. Suminsby property.
Mr. Suminsby questioned what will happen to the buffer zone when
they disturb the soil for the foundation and street. Mr. Zambouras
explained that the basement floor elevation meets the existing
grade elevation, that soil disruptance will be top soil, and noted
that they are adding stone, and that there will be no excavation on
that side, so he doesn't think Mr. Suminsby will see any
construction from his property.
Mr. Suminsby asked if the applicant will keep the roots of the tree
from being physically damaged, because he is concerned with the
health of the tree.
Richard Benevento stated that while the
valid, Mr. Suminsby and Mr. Acciavatti
matter up between themselves.
issue with the tree is
will have to take that
Mr. Acciavatti addressed the Commission and stated that when the
Commission does come out to look at the property, that he would
like the members to take note of a large limb, that the applicant
is concerned about, because it could potentially cause damage to
the applicant's house.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the public
hearing on Linden Avenue Court to the Commission's next meeting
scheduled for September 29, 1998, pending a site visit on Saturday,
September 12, 1998 at 9:00 a.m., seconded by Pat Grimes and
approved unanimously.
Jon Mazuy stated that Mr. Z~mbouras is to supply the Commission
with run-off calculations, and a design of the swale that will
adequately contain the flow.
10
New: Route 62 (Elliott St.) - 1.7 miles of road reconstruction /
Mass Highway
Richard Benevento stated that he is abstaining from this matter,
but would like to remain in the room to add input about the project
and answer any questions. Acting Chairman Paluzzi asked if there
were any objections to this request. There were none.
Corey Beckwith of the Massachusetts Highway Department addressed
the Commission and explained a proposal to reconstruct 1.7 miles of
road along Route 62 (from the City line to Park St.), and noted
that there are several resource areas along the project as well as
isolated land subject to flooding, intermittent waterways, and
stated that there are two areas that are possibly in the River
Front area. Ms. Beckwith stated that Mass Highway will be redoing
the drainage system, and reconstructing the road (ie: repaying,
signals, geometric changes) in order to make the area safer.
Ms. Beckwith stated that there will be no loss in the habitat
areas, that the reconstructed areas will be separated away from the
waterways, that haybales and erosion controls are planned during
the work and have been submitted to the Conservation Commission.
Ms. Beckwith noted that various areas will be buffer zone work, and
that there is a coastal bank location.
Next, Ms. Beckwith gave an overview of the Resource Areas on the
plan.
Tony Paluzzi questioned the flood storage area. Ms. Beckwith
explained that there are FEMAmaps in the submittal that shows the
location of flood storage areas.
Jay Donnelly asked if the storage will be increased. Ms. Beckwith
stated that the reconstruction work will result in a net loss of
water, that there will be all new drainage work.
Tony Paluzzi questioned the surface drains. Ms. Beckwith
stated that all surface drains that are going in will be new.
Richard Benevento addressed the Commission and explained that the
limits of work are confined to road easements, taking the old road
out and putting in a new one; that they will be taking out the old
drainage system and installing a new system, and by doing so, the
effects will be limited in some areas and extend drainage line in
other areas. Mr. Benevento further explained that all the drainage
lines will be going to the same out-falls, that the project will
improve the drainage vertically and horizontally, and that for the
most part Mass Highway will be following the net increase of flood
storage, that the drainage system has been designed so there will
be no standing water, and noted that every effort is being made to
keep the pipes the sizes they are.
11
Acting Chairman Paluzzi asked if any one from the public wished to
speak.
Joan Murphy of Longmeadow Road asked if the pipes are going to stay
the same size. Mr. Benevento explained that the pipes will vary in
size, but that the pipe size could change because a lot of the
pipes out there are undersized, but the pipes are being sized to
handle the flow of water for the areas where they are going to be
put in, and. noted that this will be the best opportunity. Ms.
Murphy stated that increasing the size of the pipes might elevate
the water problem in this area.
There being no further questions or comments regarding this matter,
a motion was made by Jay Donnelly to close the public hearing,
seconded by Jon Mazuy and approved 4-0-1. (Richard Benevento
abstained)
Order of Conditions
Route 62 fElliott St.)
The Commission voted to issue (1) standard and coastal conditions
for this project.
A motion was made by Jay Donnelly to approve the Order of
Conditions for Route 62 as agreed, seconded by Jon Mazuy and
approved 4-0-1. (Richard Benevento abstained)
Old/New Business
Maestranzi
Dr. Hugh Mulligan of Gulf of Maine Research Center, Inc., addressed
the Commission and stated that at the Pre-Hearing Conference,
Maestranzi asked if he could come back to the Conservation
Commission with a plan to be agreed upon if acceptable and
suitable. Dr. Mulligan stated that he has reviewed the plan
submitted by Mr. Prokop, consultant for Maestranzi, and stated that
the plan was not too specific of what is required for a formal
submission to obtain an Order of Conditions.
Dr. Mulligan summarized his report submitted to the Conservation
Commission (On File), reviewed the conceptual plan, and stated that
it needs considerably more detail, that the plan as submitted
doesn't seem like it is a limited project where the Conservation
Commission could allow 5,000 square feet maximum replication; that
replication of what has been altered is not shown on the plans and
it needs to be; further, the applicant must submit a plan on how he
intends to meet performance standards, plus how they intend to
protect the vernal pool habitat; and that the applicant needs to
show the Commission how wild life habitat will be protected in
order to develop land. Dr. Mulligan further stated that there is
an issue with respect to where five acres of land is being
12
disturbed, and noted that storm water management comes into affect,
and that the applicant needs to show how this activity meets storm
water management, and if there will be any activity or discharge to
the resource area, that the applicant needs to show that there
won't be. Dr. Mulligan also stated that the applicant needs to
show how they intend to treat the water, that they used the best
possible treatment, and exhaust all alternatives with respect to
resource water; and the applicant also needs to show that the
highest and best treatment can and will be provided for run-off
water.
Dr. Mulligan stated that the applicant needs to address these
issues so that the Commission members can address and potentially
approve this plan, but more information is needed.
Richard Benevento asked if the Commission knows what has been cut
down. Dr. Mulligan stated red maples, red oaks, and noted that
there is no proposal to restore what has been cut down.
Richard Benevento asked the members if the Commission should
recommend that the applicant come in and explain, or if the members
should just reject the proposal.
Tony Paluzzi stated that David Lang indicated to him that he wants
Maestranzi to respond to the Commission's requests with respect to
Dr. Mulligan's findings, and then take it from there.
A motion was made by Richard Benevento that the applicant must
respond to all of the items included in Dr. Mulligan's research
letter dated August 25, 1998, and that their response be in a form
of a presentation to the Conservation Commission at their meeting
on September 29, 1998.
Richard Benevento asked Dr. Mulligan if in his summary did he
request a plan of how Maestranzi plans to meet performance
standards. Dr. Mulligan stated that he doesn't know the details
they have.
Richard Benevento stated that in continuation of his motion, a more
detailed plan be provided, and that Maestranzi must also address
all the items in the August 8, 1998 letter by September 29, 1998,
and that it must be reviewed and approved by the Conservation
Commission and Dr. Mulligan.
Jay Donnelly suggested as an alternative that the Commission reject
the proposal and have Maestranzi go back to Court.
Jon Mazuy stated that he would like to have Maestranzi respond to
the letter.
Tony Paluzzi stated that he agrees with Jon Mazuy, to have
Maestranzi respond to the proposal.
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Richard Benevento added to his motion, that Maestranzi's response
shall include a positive detailed statement on how they are going
to remediate and recreate the vernal pool and bordering vegetated
wetlands to that site.
Dr. Mulligan stated that Maestranzi is still fighting that it's not
a bordering vegetated wetland.
A motion was made by Richard Benevento that the applicant must
respond to all of the items included in Dr. Mulligan's research
letter dated August 25, 1998, and that their response be in a form
of a presentation to the Conservation Commission at their meeting
of September 29, 1998, that a more detailed plan be provided, and
that Maestranzi's response shall include a positive detailed
statement on how they are going to remediate and recreate the
vernal pool and the bordering vegetated wetlands to that site, and
that Dr. Mulligan prepare a draft letter for the Chairman's
signature to be sent to the Judge regarding what the Conservation
Commission is relatively looking for, and to include in Dr.
Mulligan's letter that the applicant's failure to respond in an
appropriate and complete manner shall be considered by the
Conservation Commission as a non-response to the Judge~s order,
seconded by Jon Mazuy and approved 4-1 (Jay Donnelly apposed).
Richard Benevento stated that he personally agrees with Jay
Donnelly to send this matter back to the Judge, but asked Dr.
Mulligan what the out come would be if the Commission immediately
sent it back to the Judge. Dr. Mulligan stated that a hearing will
be held.
Richard Benevento asked Dr. Mulligan if in his opinion, is the
Commission gaining anything by having Maestranzi respond to the
letter or not. Dr. Mulligan stated that the Conservation
Commission will have a stronger case when the matter is brought
back to Court by having Maestranzi respond to the letter, that this
shows that the Commission has given the applicant all the chances
the Commission could.
21 Neptune Street
Jack Shirley of 21 Neptune Street addressed the Commission and
stated that he is here tonight at the Commission's request.
Pat Grimes stated that she went to the site location today, and
that the post is slightly in what looks like a streambed that goes
to a pond, that she personally thinks that there will be little
impact if any at all to the stream bed.
Jay Donnelly asked if there was anything in the way that would
restrict any normal flow. Tony Paluzzi stated that there is a
possibility.
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Mr. Shirley stated that it is not a stream, that even in the worse
rain there might be a couple of inches of water.
Pat Grimes noted that there was an indentation.
Jon Mazuy asked how much of a problem would it be to put the post
back a foot or so. Mr. Shirley stated that he could get the fence
company back and tell us. Mr. Shirley further stated that he is
not even sure who is complaining, that there is only one house up-
stream and he is not the one, that he doesn't know what the issue
is, because the area doesn't have the growth pattern as in other
areas.
Jon Mazuy asked if there has ever been such a flow that the
location of that post would interfere. Mr. Shirley responded no.
Jon Mazuy asked the applicant how long he has lived there. Mr.
Shirley responded five years, and that there have been some
substantial storms during those five years.
Richard Benevento asked if the Commission issued an Enforcement
Order on this. Tony Paluzzi responded no.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy that the Conservation Commission
take no action, seconded by Richard Benevento and approved 4-1.
(Tony Paluzzi objects)
A motion was made by Richard Benevento to inquire with the City
Solicitor what requirements there are to have a tape recorder at
these meetings to assist in recording the minutes of the meeting,
seconded by Jon Mazuy and approved unanimously.
Certificate of Compliance
Charles and Patricia Grimes
A motion was made by Jon Mazuy to issue a Certificate of Compliance
for Charles and Patricia Grimes, seconded by Richard Benevento and
approved 4-0-1. (Patricia Grimes abstains)
StoD & ShOD - EJ.~ott Street
Daniel Padien addressed the Commission on behalf of Stop & Shop and
stated that Stop & Shop has submitted a request for a partial
Certificate of Compliance for the Stop & Shop portion of the
project (Retail B). Mr. Padien explained that the Stop & Shop
project is complete, that there are a number of minor items which
have been itemized in their letter submittal (On File), and that
there is a slight modification to the plan.
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Mr. Padien reviewed all the modifications and stated that the
modification is a slight relocation of one manhole, and noted that
the water will still be treated the same, and that the catch basins
have been moved slightly.
Mr. Padien stated that the project is completed as approved, and
that as-built drawings of the drainage system will be submitted.
Jay Donnelly stated that the oil/grease separators are critical
elements of the plan. Mr. Padien stated that there is a criteria
for grit and oil, that this drainage system has been constructed as
agreed, and that he apologizes that this information is not
available, that he will submit this information to the Commission
by tomorrow, and the Commission determination could be contingent
upon receiving this information.
Richard Benevento asked if a formal modification has been
requested. Mr. Padien explained that during the public hearing
process, Stop & Shop submitted plans including the drainage system,
but there have been many modifications requested in the
infiltration system.
Richard Benevento asked if the Order of Conditions reference a
revision. Mr. Padien stated to the best of his knowledge.
Richard Benevento asked if Mr. Padien could give a brief
explanation of how the drainage system. Mr. Padien explained that
the drainage system has been designed to carry roof run-off and
discharges and are collected in a series of catch basins, that the
water is all treated by oil/grease separators and then discharged
to the Bass River; the parking lot drain to a number of catch
basins, the water all collected and put into a infiltration system.
Mr. Padien noted that if that system fills up the water discharges
to the street's drainage system, that the water quality here has no
oil/grease separators, and explained that the water goes over the
top and is treated. Mr. Padien also stated that there have been a
number of improvements to the street drains.
Jay Donnelly asked what the grease/oil separators treated. Mr.
Padien explained that the separators treat run-off from a portion
of the parking lot and some of the catch basins. Mr. Padien stated
that the system is designed to capture as much drainage as
possible.
Richard Benevento asked who is responsible for Parcel B. Mr.
Padien stated National Development and Stop & Shop.
Richard Benevento asked Frank Killilea
accurate relative to wetland issues. Mr.
is still awaiting as-builts.
if the as-builts are
Killilea stated that he
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There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to issue a partial Certificate of
Compliance as identified on the plan, however pending a stamped(?)
as-built plan to be submitted to the Conservation Commission and
the Engineering Department, and that the as-built plans shall
include oil/grease separators in Parcel B, seconded by Richard
Benevento and approved unanimously.
Richard Benevento suggested that Debbie Hurlburr check with Frank
Killilea to make sure he received his copy.
Old/New Business
Tony Paluzzi explained to the members the City of Beverly had
emergency work done on the pipe at the Dane Street Beach. It
appears that part of the flooding that occurs at the library maybe
impacted by a collapsed pipe here. Debbie Hurlburt received a
request from City Engineer Frank Killilea to perform this work.
Mr. Paluzzi approved the work but it needs to be ratified by the
Board.
A motion was made by Jon Mazuy
Acting Chairman, seconded by
unanimously.
to ratify the action taken by the
Richard Benevento and approved
ADDroval of MinUtes
July 7, 1998 & July 21. 1998 meetinqs
A motion was made by Richard Benevento to continue this matter to
the Commission's next meeting scheduled for September 29, 1998,
seconded by Jon Mazuy and approved unanimously.
Adjournment
A motion was made by Richard Benevento to adjourn the meeting,
seconded by Jay Donnelly and approved unanimously.
Meeting was adjourned at 10:15 p.m.
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