1998-08-11BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
AUGUST 11, 1998
A regular meeting of the Beverly Conservation Commission was held
on August 11, 1998 at 7:00 p.m., third floor, City Hall, 191 Cabot
Street.
Those Present were: Chairman David Lang, Vice-Chairman Tony
Paluzzi, Richard Benevento, and Patricia Grimes. Also present was
Assistant Planning Director Debbie Hurlburt, and Susan Akerman,
Secretary to the Commission.
Meeting called to order by Chairman Lang at 7:00 p.m.
ReQuest for Determination of Applicability
179 LothroD Street - Delineation / Milburn
John Dick of Hancock Environmental addressed the Commission and
explained the property line at 179 Lothrop Street, noting that the
property is narrow, and that the house is placed high up on the
property. Mr. Dick explained that there is a manhole in the
backyard that surcharges on a regular basis, that it opens up and
floods the yard, and at times it comes up and over the retaining
wall.
Mr. Dick stated that there is a drainage problem, but that it
doesn't meet the criteria of land subject to flooding or isolated
land subject to flooding, because there is no direct hydraulic
connection. He further noted that he doesn't believe that it is
Army Corps. of Engineering wetlands either because the driveway has
no impact to it.
Mr. Dick stated that the volume of capacity that will be lost due
to the driveway will be 600 cubic feet.
Mr. Dick stated that he is here tonight to see whether this is a
non-jurisdictional drainage problem, and to seek Conservation
Commission permission to allow the applicant to proceed with doing
work to his property. Mr. Dick further stated that the applicant
is meeting all drainage requirements, and then asked the Commission
if he could answer any questions.
Richard Benevento asked if the entire area was outside the
Commission's jurisdiction besides the small hydraulic connection.
Mr. Dick responded yes and explained that there is no habitat, and
if there is it's perennial. Mr. Dick stated that it could be a
river conduit, but that it doesn't meet the criteria for land
subject to flooding or isolated land subject to flooding.
Tony Paluzzi asked if the driveway was hot-top. Mr. Dick stated
that it is crushed stone.
Chairman Lang asked how often the manhole surcharges.
stated approximately 4-5 times a year.
Mr. Dick
Chairman Lang asked if the Public Works Department has been
involved with the drainage problem in this area. A member of the
public explained that the City did test borings on Lawrence Street
to see what was underground, but that the City doesn't plan to do
anything for two more years.
Chairman Lang asked if the applicant is concerned that the driveway
will cause a dam. Mr. Dick stated that the water doesn't flow
through the surface, but that the pipe is tight enough so that
water in the yard sits there.
Mr. Merris of 94 Bisson Street addressed the Commission and stated
that his garage is directly behind the applicant's driveway and
that anytime water surcharges it comes up and through to his garage
and that the under part of his garage is rotted out, plus the tree
that the applicant dug up is still laying there, and the hole from
excavation is still full of water.
A resident of Beverly asked if the applicant plans to build the
garage so that it is level with the driveway. Mr. Milburn
explained that the garage will have a slightly higher elevation
than the driveway, that it will be approximately 6" higher than the
driveway.
This resident asked why Mr. Milburn dug down. Mr. Milburn stated
for the footings.
Chairman Lung asked if the garage could be built without adding any
additional flooding to the area, that he doesn't want to see any
more water added to the flood zone. Mr. Dick stated that his
concern was that if the area already backs up with water, that the
water is going to have to go back somewhere, and because it is a
flood zone it would eventually overflow everything.
Richard Benevento asked if the driveway would be impeding the
natural overland flow. Mr. Dick stated no, that there is no
overland flow.
Virginia McGlynn, Ward 4 Councilor addressed the Commission and
stated that there are wild ducks in this area, that there is water
there all the time, and that her major concern is that this area is
actually in a flood zone, and questions what impact this will have
on the area.
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Richard Benevento stated that he is inclined to move toward having
an equal compensation as long as the applicant doesn't make matters
worse.
Richard Benevento asked Mr. Dick if he saw any problem with making
the driveway to grade. Mr. Dick responded no.
Chairman Lang stated that he would feel better if the applicant
increased the driveway storage to 750 cubic feet in order to border
flood protection, to try to compensate.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to issue a Negative #3, and
in addition the applicant provide 750 cubic feet of storage, and
that a revised plan be submitted to the Conservation Commission
Administer for approval before commencement of any work, seconded
by Tony Paluzzi and approved unanimously.
Branch Lane - DelineatiQD_/Benevento
Paul Sommer of Sommer Environmental addressed the Commission and
stated that the property was previously before the Conservation
Commission in 1992 for construction of a single family dwelling on
the easterly side of the property. Mr. Sommer explained that the
property has been subdivided generating two lots, so that Mr.
Benevento can construct a house on Lot B for his sister. Mr.
Sommer further explained that the applicant is trying to set up a
site visit to reconfirm delineation of the wetlands along Branch
Lane so that the engineers can construct a driveway.
Pat Grimes asked if the main delineation is essentially the same as
in 1992. Mr. Sommer explained that he has reflagged the area.
Chairman Lang asked if the flags still have the same numbers. Mr.
Sommer responded no, and explained that the flags are blue and
n-mbered SET-2 to SET-25.
Mr. Sommer noted that there is no other proposal for the rest of
the property, besides construction of a driveway and a house only.
Tony Paluzzi questioned the excavation that took place on the site.
Mr. Sommer explained that Mr. Benevento has a well in the back
portion of the property that he was digging up, but that I told him
to stop until we had a chance to get a real determination of the
buffer zone.
Richard Benevento asked if the flags concurred with the lines on
the plan. Mr. Sommer responded no.
Richard Benevento stated that he would like the applicant to submit
a plan with topographic details on it. Mr. Sommer stated that he
will have the surveyor out to mark the property corners, and will
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have the applicant submit topographic details to the Commission
prior to the site visit.
Tony Paluzzi asked if there were any footprints for the house yet.
Mr. Sommer stated that they are not locked into a footprint, but
will provide a building envelop.
Richard Benevento noted that if the house was within the buffer
zone the applicant would have to file a Notice of Intent. Mr.
Sommer stated that the house will not be in the buffer zone, but
that the driveway will be in the buffer zone.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Request for
Determination Of Applicability to the Commission's next meeting
scheduled for September 1, 1998, pending a site visit scheduled for
Thursday, August 27, 1998 at 6:00 p.m., seconded by Pat Grimes and
approved unanimously.
A motion was made by Tony Paluzzi to recess for the purpose of
holding public hearings, seconded by Richard Benevento and approved
unanimously.
Public Hearinqs:
Notice of Intent
Continuation of Public Hearing: L.P. Henderson Road - Mini Storage
Facility / T Ford Company [seekin~ co~tknuatiOn onlV)
Debbie Hurlburt explained to the members that there is no new
information on L.P. Henderson Road, and that the applicant is
asking for a continuation to the end of September.
A motion was made by Richard Benevento to continue
hearing on L.P. Henderson Road to September 29, 1998,
Pat Grimes and approved unanimously.
the public
seconded by
New Public Hearing: 1 Carlton Avenue - home construction /
Stilwell
Paul Sommer of Sommer Environmental addressed the Commission and
stated that he was here tonight in response to some issues raised
by the Conservation Commission to the engineer with regards to some
concerns that there may be some wetlands on the site.
Mr. Sommer explained that he visited the site and identified the
edge of the bordering vegetated wetlands. He further stated that
the original delineation is shown on the old plan, but that the
applicant has had the site re-delineated, and that the new
delineation is indicated by flags that are hung out on the site,
and that approximately 40-50 feet of the bordering vegetated
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wetlands have been incorporated into the plan in addition to the
original delineation done in 1996.
Mr. Sommer explained that the project consists of construction of
a roadway, a driveway, a garage and a house, all to be constructed
on Lot 1. Mr. Sommer noted that most of the construction activity
will be within the buffer zone, however there will be no impact to
the resource area.
Mr. Sommer stated that there is a proposal for grading
approximately 35-40 feet away from the resource area, that there
will be utilization of sediment control (ie: haybales, silt
fencing), and that they anticipate that there will not be much
impact to the vicinity.
Richard Benevento asked if this project was under construction.
Mr. Sommer responded yes, the cellar hole has been excavated.
Richard Benevento asked if erosion controls were in place. Mr.
Sommer stated yes, that haybales and silt fencing are in place, and
noted that there is stabilization of all disturbed soils.
Richard Benevento asked what the duration of the remaining work
will be. Mr. Sommer stated three months.
Richard Benevento asked if the pile of dirt that has some wetland
vegetation in it has been there long? Mr. Sommer explained that in
1996 a prior vegetated swale was established, and that it will not
be disturbed, that it is actually off the applicant~s property.
Tony Paluzzi noted that a good portion Of the other dirt piles,
that are along the driveway, are in the buffer zone. Mr. Sommer
stated that they do have some dirt piles along the proposed road
that should be removed.
Chairman Lang asked when the haybales were put up.
responded during the initial construction process.
Mr. Sommer
Richard Benevento stated that he is concerned with leaving the site
the way it is, that long exposure might have the potential to cause
derogation to the area.
Chairman Lang asked if any one from the public wished to speak.
Jas Wilkins of 4 Doane Avenue addressed the Commission and stated
that his property abuts on Carlton Avenue, that water goes down the
hill and down his driveway, and fills up quickly, that because it
is asphalt it just runs off the street.
Roger Williams of 3 Doane Avenue stated that there were always
wetlands in this area, that the present vegetation community has
gone further since the 1996 delineation of wetlands, because the
ditch, which was a drainage system, has been filled in and thus
expanded the wetlands. Mr. Willjams further stated that his
concern is that this area is a low spot, and that all the water
goes down Doane Avenue and goes onto his driveway.
Mr. Sommer explained that the drainage ditch is there to move the
water in a southeasterly direction, and this is what causes the
overflow.
Mr. Williams questioned what occurs now, and what will happen when
the project is developed. Mr. SOmmer stated that he is not sure
what the elevation of Mr. Willjams cellar is, that he has no idea
of the design aspects, but that he is well aware of the water
problem in this area.
Tony Paluzzi asked besides Lot 1, will there be any more lots
proposed for further development. Mr. Sommer stated no, this is
it.
Mr. Sommer noted that no work will be in the wetlands, that they
are working in the Jurisdiction area of the buffer zone.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to close the hearingon I Carlton
Avenue, seconded by Richard Benevento and approved unanimously.
Old/New Business:
Cross Lane:
Debbie Hurlburt explained to the members that she invited some
representatives from DPW to tonight's meeting so that they can
answer any concerns the members may have regarding the activity
that is taken place on the soccer field or along that area.
Chairman Lang stated that there have been one or two complaints;
the first being the application of pesticides on the soccer field,
the other complaint being the filling in of material near a wetland
area.
A representative of DPW Dick McNeil addressed the Commission and
explained that DPW is in the process of fixing up the soccer field,
that they will be maintaining the same size, and that the elevation
won't change, that they are just leveling it in order to make it
safe for play. This representative stated that an irrogation
system has been installed, and that they plan to maintain the field
a lot closer than it has been in the past, and that they would like
to trim back some bushes/trees that are hanging near the field. He
also noted that they plan to tip the field a little so rUn-off
won't come out to the street as it once did.
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Chairman Lang asked if there are any bordering vegetated wetlands
near the area where the filling-in is taken place. The
representative from DPW stated that there were some wetlands, but
that there is a wall between the field and the wetlands.
Richard Benevento asked if the dirt is already on the field. The
representative from DPW responded yes. Richard Benevento further
stated that he feels that since the dirt is already on the field,
that it should be spread out as soon as possible so that there
won't be any problems.
Richard Benevento stated that he thinks that as a matter of
precident, if working in a buffer zone, DPW should file an RDA,
that DPW needs to show a good example.
Pat Grimes stated that she agreed with Richard Benevento.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to have DPW spread out the
dirt, install siltation devices and then prepare an RDA to be
submitted for the Commission's next meeting scheduled for September
1, 1998, seconded by Pat Grimes and approved unanimously.
The representative from DPW further stated that they intend to
rototil and seed the field before the project is final.
21 Neptune Street
Debbie Hurlburt explained to the members that a fence was installed
in a small river bed at 21 Neptune Street. Debbie Hurlburt
explained that she went out to the site, and asked the owners,
Debbie & Jack Shirley to come in and discuss what has occurred in
order for the members to get a sense of what is happening out
there.
Debbie Shirley addressed the COmmission and explained their
property line, noting that there is a little dip at the edge of
their property that forms a stream or river bed. Debbie Shirley
explained that they installed a cedar fence, but that it doesn't
go to the edge of their property, and that the fence is
approximately 30" from the bed of the stream. Debbie Shirley
stated that the stream doesn't run, that there are two pipes that
go under the street that were put in by the developers, and that
even in a severe storm there is no running water. Debbie Shirley
stated that the water can flow underneath the fence, and that the
fence was installed because there is a huge pond behind their
house, and there are constant problems with kids trespassing.
Debbie Shirley stated that they posted no trespassing signs, but
the kids still go on the pond, and that they put up the fence for
safety reasons.
There being no further discussion on this matter, the members
decided that they would do a site visit to 21 Neptune Street.
Maestranzi Discussion re: site ~lan & mitigation
Attorney Mike Faherty representing the Maestranzi's addressed the
Commission and reviewed the history of the site, noting that the
applicant's case is under appeal to determine whether or not a
small portion of their land which contains puddles were bordering
vegetated wetlands. Attorney Faherty stated that it was concluded
that the puddles are isolated land subject to flooding, and that
the Conservation Commission hired consultant, Gulf of Maine, agreed
with that conclusion.
Attorney Faherty further stated that there was a conference in
Boston, where it was agreed upon at that time that the applicant
and the City of Beverly try to come to some form of a compromise in
order to avoid the cost of a trial. Next, Attorney Faherty
introduced Bob Prokop who then addressed the Commission with a new
proposal. Mr. Prokop explained that they did a topographical
survey of the entire ten acre site, and that he attempted to carve
out a building area for industrial expansion, and enhanced the size
of the wetlands in order for the members to get an idea of what the
applicant is seeking to do.
Mr. Prokop handed out to the members and reviewed a conceptual
grading plan for the area around the vernal pool, and noted that in
an effort for the Maestranzi's to do any type of development Mr.
Prokop suggested that the Maestranzi's propose a grading plan that
would use part of the area for , and explained that
some mitigation will have to be done, that the Maestranzi's would
use up to elevation 115, and that the grading would also involve
some filling-in. Mr. Prokop stated that this proposal would allow
use of the land that the Maestranzi's would like to have, and not
disturb the vernal pool.
Mr. Prokop further explained that treatment swales are proposed
around the perimeter, as well as further storm water management,
and that they would provide drainage around the back side of the
property which will double the size of the vegetated wetlands.
Mr. Prokop concluded that in order to establish additional vernal
pool habitat, this conceptual plan if allowed to fill-in a portion
of the wetlands, and lower the area of effective limit of work,
would still result in having a buffer zone.
Pat Grimes asked if this plan was basically the same plan as the
one previously submitted, but with an expanded smaller pond. Mr.
Prokop responded yes, and stated that this plan doesn't have to
OCCUr.
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Mr. Prokop then handed out a brochure with respect to the planting
scheme, and stated that the net result of this ponded area would be
increased to a total of 750,000 square feet.
Chairman Lang asked if the parking lot run-off would go through
these vernal pools. Mr. Prokop stated not exactly, but if it is
determined to be a pond or vegetated swales then yes, but that they
are looking for clear water to run-off onto this area
Chairman Lang also noted that the roof top drainage would have to
be treated.
Chairman Lang asked what type of vegetation has taken over in the
pond. Mr. Prokop stated cat tails, original trees (ie: red maple,
red oak, white pine), some hickory, and noted that it is all
sprouting vigorously know.
Chairman Lang asked who the DEP contact is. Mr. Prokop stated
Ralph Perkins.
Richard Benevento asked what their expectation is with respect to
a time frame. Attorney Faherty explained that they have to discuss
this proposal with the Solicitor, and would then get back to the
Conservation Commission with some indication if we should go
forward or not.
Pat Grimes asked if DEP was also reviewing this. Attorney Faherty
responded yes.
Chairman Lang suggested to the members that they might want to
consider hiring Hugh Mulligan to investigate the new proposal.
Chairman Lang stated that he is concerned that the stream that used
to flow out will know get impounded.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to hire Hugh Mulligan for
the sum of $500.00 to review the new proposal and to report back to
the Conservation Commission by their September 1, 1998 meeting,
seconded by Pat Grimes and approved unanimously.
Order of Conditions
i Carlton Avenue
The Commission voted to issue (1) standard conditions for this
project~ and in addition (2) the applicant must take out and
replace the haybales and the silt fencing around the dirt pile~ (3)
that the maintaining of the haybales and the silt fencing shall be
made during the course of construction, and any build-up of
siltation shall be removed; (4) haybales and silt fencing shall not
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be removed until the entire area is stabilized; and (5) any debris
in the resource area shall be removed.
A motion was made by Tony Paluzzi to approve the Order of
Conditions for I Carlton Avenue as agreed, seconded by Richard
Benevento and approved 4-0.
Old/New Business
John Dick of Hancock Environmental addressed the Commission and
updated the members with respect to the proposed boathouse on Mr.
Perrott's property. Mr. Dick explained that the Mr. Perrott came
in with modifications to the plan, to try to get a boathouse built
without offending the Commission.
Mr. Dick asked the members what their thoughts were, if Mr. Perrott
is wasting his time, and/or if he should come in with these
modifications.
Chairman Lang stated that his concern is that it would become a
projectile.
Mr. Dick stated that he would have Mr. Perrott file for a new
Notice of Intent.
Debbie Hurlburt stated to the members for their information
that DEP has changed the time of the site visit to the Loeb
Estate to 8:00 a.m.
Debbie Hurlhurt explained to the members that she applied for
and received a Grant for a mini-walkway by the Youth Center,
and if she is to do this she must spend the money by October
30, 1998, and her ~uestion to the members is can a
modification be made to the original Order of Conditions for
the skateboard park, to have the walkway go all around the
perimeter of the Youth Center.
Richard Benevento suggested that Debbie do an RDA.
Debbie Hurlburr explained that she received a letter from
Peter Collins of 7R Ober Street explaining that some of the
weepholes can't be done. (On File)
Debbie Hurlbutt explained to the members that she read through
the Boxford By-Laws, that they were good, and basically just
like the ones Beverly once proposed, and suggested that the
Commission start with theirs.
ADDroYal Of Minutes: July 7, 1998
A motion was made by Richard Benevento to postpone the approval of
the July 7, 1998 minutes of the meeting until the Commission's next
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meeting scheduled for September 1, 1998, seconded by Tony Paluzzi
and approved unanimously.
Adjournment
A motion was made by Richard Benevento to adjourn the meeting,
seconded by Tony Paluzzi and approved unanimously.
Meeting was adjourned at 9:45 p.m.
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