1998-11-10BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
NOVEMBER 10, 1998
A regular meeting of the Beverly Conservation Commission was held on November 10,
1998 at 7:00 P.M. at the Beverly Public Library, 32 Essex Street.
Those present were: Vice-Chairman Tony Paluzzi, Pat Grimes, Dr. Johnson, and Richard
Benevento. Also present was Assistant Planning Director Debbie Hurlburt, Director of
Engineering Frank Killilea, Jr., and Carol Pearce, Secretary to the Board.
Vice-Chairman Paluzzii chaired the meeting.
Meeting called to order by Vice-Chairman Paluzzi at 7:00 P.M.
Request for Determination of Applicability
11 Riverview Street - Deck Addition - Mr. Lewis Kausel
Mr. Kausel provided Commission members with packets containing three-dimensional
views of the project. The deck is rectangular shape and there is a walkway and two or
three steps which is the only extension from the house.
Debbie Hurlburt asked for an explanation of the distance to the resource area.
Mr. Kausel stated that from the outermost portion of the deck it is about 57 to 60 feet to
the high tide line.
Mr. Benevento asked if it was all grass between the deck and the 57 feet and Mr. Kausel
stated that there are two different types of grass. There is lawn grass about 18 to 20 feet
from the back of the house, and then it slopes down. Mr. Benevento asked what is going
to be done with the soil, and Mr. Kausel replied that it will be put back if possible.
Mr. Benevento stated he is concerned that the soil will wash down into the resource area,
and Mr. Kausel replied that the goal would be to put the fill at one side of his garage
where it is needed to bring the grade up.
There being no further questions or comments from the Commission, a motion was made
by Richard Benevento to issue a negative determination on #3, with a condition that any
spoils that are part of any excavation would be removed on a daily basis, seconded by Pat
Grimes, and approved unanimously.
A motion was made by Dr. Johnson to recess for the purpose of holding public hearings,
seconded by Richard Benevento, and approved unanimously.
Public Hearings:
Notice of Intent
Continuation of Public Hearing: Sam Fonzo Drive - Building Construction - Fonzo
Realty Trust
Christ P. Sparages, P.E. of Hayes Engineering Inc. addressed the Commission on behalf
of Fonzo Realty Trust. He stated the proposed project is 56,250 square feat of
manufacturing space and an additional 18,000 square feet which includes a parking lot
area, a turn around area for trucks, as well as associated drainage areas. With regard to
the buffer zone project, them are no known proposed wetlands to be filled in.
Mr. Sparages stated that during a site visit with Commission members on November 7,
1998, the proponent identified proposed corners of the building and located some of the
existing wetlands flags, Several problem areas were noted during the visit with regard to
four-wheel drive trucks that come out of the property. Some problem areas are between
flags A42 and A43. Wetland flags A29 and A.38 make it evident that work is going to be
coming pretty close there.
Mr. Sparages distributed to Commission members copies of some proposed changes to
the original plan. These included pulling back slopes about 20 feet, and installing a stone
retaining wall to provide more of a buffer area, providing level spreaders, and providing
treatment for emergency runoff.
Vice Chairman pal.,r~i asked the height of the proposed retaining wall and Mr. Sparages
indicated the average height was ten feet, and it will be recessed and have a slope to it -
one foot horizontal to four foot vertical.
Vice Chairman Paluzzi asked about a walkway or roadway, and Mr. Sparages said the
pathway is about ten feet wide. He proposed to put boulders across the pathway to stop
vehicular traffic.
Pat Grimes asked about landscaping and Mr. Sparages indicates this was addressed in
the original plan but adds that in the area where the retaining wall stops, the intent was to
keep the vegetation that was already there, and that in the other areas it will be seeded
and easy to maintain.
Vice Chairman Paluzzi asked about construction of the wall, and Mr. Sparages deferred
to Mr. Kelleher who stated it would be constructed from the bottom up, from the high
ground, placing toe stones and developing it up from the area that would be paved.
Mr. Beneveuto asked if a limit of work has been established, and if not, what would that
limit of work be? He stated a concem of the Commission and the DEP is that the limit of
work can't be the wetlands line. Mr. Sparages states that a silt fence would be needed
and that it would be backed up according to their general standards.
Mr. Benevento questioned whether there would be any storage of hazardous materials
relating to the manufacturing process itself; and Mr. Sparages indicated that such units
associated with the manufacturing facility are all self-contained.
Mr. Benevento questioned how the building would be heated. Mr. Kelleher said it will be
heated with natural gas, and there will be no floor drains except in the bathrooms.
There being no further questions or comments from the Commission, Vice Chairman
Paluzzi asked for comments from the public.
Renee Mary of 274 Hale Street wants to know if the Commission members that were not
on the original site walk will do another site walk. Although Mr. Benevento indicated he
has been there in the past, Ms. Mary urges all Commission members to do this. Mr.
Sparages indicates that Ms. Mary is referring to the area of the retaining wall and that in
this area it would be more steep, and indicates that they are proposing to push the wall
back, and the other change was extending the limit of the level spreader to capture any
potential runoffcoming in over the emergency spillway.
Ms. Mary questioned about what will happen in a heavy rainfall, and Mr. Sparages
indicates that everything is being captured and taken away, so there is no potential for a
runoff issue to develop.
Ms. Mary wants to know where the groundwater goes, and Mr. Sparages stated no
specific tests have been conducted to date, but extensive borings will be done, He
indicates that in most cases, it generally follows surface water. He stated they are mostly
concerned with what is going to happen to surface water discharge on this pwjeet.
Ms. Mary stated there are plans before the Design Review Board for landscaping. Mr.
Sparages says they are the same plans that were submitted prior, but that the Design
Review Board does not have the two changed he indicated earlier tonight.
Mr. Benevento said we are interested in the plans presented tonight. If the Commission
closes on the filings presented tonight and issues an Order of Conditions, then any
changes to that plan will need to be modified.
Vice Chairman Paluzzi asks for any other comment from the public.
Joan Murphy, 36 Long Meadow Road indicated that when Mr. Sparages talked about the
barrier and mentioned hay bales may be put in place if there is a problem, it sounds like
potential damage is imminent and she would prefer to see something done now that
would give the most protection so that no damage occurs, and another thing would he if
revegetation did not take place as they hope, the Commission provide some other
remedy~
There being no further questions or comment, Dr. Johnson makes a motion to close the
hearing, seconded by Pat Grimes and approved unanimously.
Continuation of Public Hearings: Otis Road - Landfill Closure/City of Beverly
Joan Hanson of Malcolm Pinfie stated the plans presented tonight are the design they are
proposing. Within the 150 foot contour, there is a ¼ acre wetland. By the landfill
closure, eventually about 2600 feet ofwetlands will be affected by the capping. In order
to develop an adequate storm water plan for this area, a swale is proposed. There would
be interlocking paving and it would discharge to the swales. It would increase the area to
acconunodate the increase in velocity coming off the swale. There would be no change
in the amount of water coming off the swale and the change in velocity is minimal.
Pat Grimes asks what the problem is, because the original plans had a detention basin.
Miss Hanson replied that in a letter from DEP they indicated that for the efficiency of the
landfill cap and for the public health and safety, they would prefer that the detention
basin he located off the landfill cap, and there was enough property in this project to
satisfy that issue.
Paul A. Boord, P.E. of Malcolm Pinfie adds that the City is under a Consent Decree to
cap the !andfill by a certain date and that the constructed wetland is more of an aesthetic
issue, and they want to get the site approved as soon as possible so they have eliminated
the constructed wetland.
Vice-Chairman Paluzzi asked for comments from the public.
Marshall Handly, City Solicitor, stated that the City has a Consent Decree and that' s why
we see an immediate reaction to the DEP requirements, and asked that this he moved as
soon as possible.
There being no further questions, Pat Grimes makes motion to close the hearing,
seconded by Dr. Johnson, approved unanimously.
Continuation of Public Hearing: L. P. Henderson Road - Mini Storage Facility/T Ford
Cornany
Debbie Hurlburr stated that the Commission had received a letter today from the
proponent seeking an extension for the new storage facility until the next meeting on
January 19, 1999. She asks Frank Killilea, City Engineer, for an update on the site
because Mr. Killilea is overseeing the site management.
Frank Killilea stated that Phase I investigation of the Guinard site has been completed as
well as the airport site, the Nike Site and the Vitale site and they are now in on-going
discussions with the consultant about the scope of work for Phase H which basically
would be to remove the buried fuel tanks which were identified under Phase I. He hopes
that by the end of November an agreement will have been reached and they will be
working on Phase lI.
Vice Chairman Paluzzi asks for comment from the public.
A member of the public comments that it is frustrating to come in and find out time and
time again that the meeting has been continued and wants to know if there is any way to
find out ahead of time whether or not the matter will he heard. Debbie Hurlbun
apologized for the inconvenience and recommended he call the office prior to the hearing
to find out if it is on the agenda.
Richard Benevento makes a motion to continue this matter until the January 19, 1999
meeting seconded by Dr, Johnson. All in favor motion carries.
New Public Hearing: 5 Holding Street - Excavation and Backfill for Driveway - Victor
Capozzi
Bruce Eaton, Engineer representing Victor Capozzi, stated Mr. Capozzi proposes to build
a garage on his land which fronts on Holding Street. The parcel is 50 x 100 on Holding.
The proposed garage is 20 x 40 feet, and would he constructed along with an unpaved
driveway down to the existing pavement on Holding Street. There is a drainage ditch
there. They had a botanist out and they are waiting for a copy of her report. There is a
wetland there and vegetation is along the bank. The botanist's conclusion was that the
area does not qualify as a wetland area under the Massachusetts Wetland Protection Act.
However, they propose to protect the area using a line of haybales which will prevent any
direct flow of siltation into the area during construction, and the area which will he
disturbed during construction will be grassed over, and the driveway will be graded
down. The flow will be contained in that area and will not flow off imo the adjacent
properties. Mr. Eaton also stated that most of the construction will take place within the
buffer zone.
Tony pal.77; asked if there will be a change in the grading of the road to keep it from
going down into the ditch. Mr. Eaton responded that there is a very gradual pitch.
I)rs_insge from the driveway will go on to the grassy area. He states the lower end of the
lot will have some regrading, and only one of seven trees will be removed.
Mr. Beaevento thinks the Commission should do a site view, and Tony Paln~zi agrees.
Vice Chairman Paluzzi asked for comment from the public.
Cynthia Bookman, of 3 Holding Street stated the land is going down hill. There is also a
family of raccoons living up the street, and there is ledge in the area. She stated she has
already had water problems in her basement and does not see how she wouldn't have a
water problem in the future as a result of this project. She stated she has maintained this
land for about twelve years to make it presentable by building rock gardens.
Mr. Benevento asked if this is a public way, and Tony Paluzzi says the City owns the
land. Ms. Bookman stated that the City has not taken care of the property.
Mr. Benevento stated that the work as proposed goes beyond the limits of Mr. Capozzi's
property and asks if the City objects to any pan of the proposed layout, could the work be
contained within Mr. Capozzi's property. Mr. Eaton responded that it could be so
contained.
Mr. Benevento stated that any Order of Conditions would require verification from the
City that they will allow this work on City property. The Commission cannot approve
plans showing work on someone else's property.
Joan Murphy wanted to know if there is a possible degradation of the surface from
vehicular waffle in wet weather with din coming down onto the public road. Mr. Eaton
said it will be an unpaved driveway with grass on either side.
Robert Early asked what Lot Number the garage will be on, and Mr. Eaton responded Lot
55, it is 116 x 50 feet wide.
Ms. Bookman indicated the back of Mr. Capozzi's house was taken down and he used all
the wood from the back of his house and pot it all in a pile on the land which now is
going to be the garage area. Tony Palu~i noted they will investigate this on the site visit.
Mr. Benevento asked if it is possible to put stakes where the garage will be located and
on the centerline of the driveway in preparation for the site visit showing where it is in
relation to the recessed area. Mr. Eaton agrees.
Debbie Huriburt read a letter from Robert Goodman, owner of Lot 46A stating he is in
support of the project.
Debbie Hurlbu~ notes that the next regular meeting is Tuesday December 1, 1998.
Mr. Benevento motions to continue the public hearing until December 1, 1998 with a site
visit on November 21, 1998 at 9:00 A.M. All in favor motion carries.
New Public Heating: 240 E!liott Street - Underground Storage Tank Removal - Bass
River Trust.
Luke Fabbri advised that he was contracted by Bass River Trust to remove an
underground storage lank and install a gas pipeline from Elliott Street. It is a 500 gallon
capacity tank which is approximately 3~1/2 by 5 feet in size located behind the building
in a gravel area off the asphalt. The tank would be removed and backfilled with clean
material, probably crushed stone. One boring has been done down to the water table and
no evidence of release from the tank was found so we do not anticipate a water
contamination problem.
Mr. Fabbri indicated they propose to load the tank onto a track and add three to four
yards of material to bring the area back up to grade. The utility lines offElliott Street are
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approximately 80 feet to the boundary of Elliott Street. The gas company was notified
and will place the pipe and then we will backfill that same day.
Mr. Fabbri stated that the work would be done on a non-rain day, going in around 7:00
A.M. and being finished by about 4:00 P.M. that same day. The trench may remain
gravel until the owner can contact a paving company to have paving installed, but that
would only take a few days.
Mr. Fabbri further states that the line inside the building will be disconnected from the
burner, it will be blown clear ofoil back into the tank, and capped at both ends. It is
actually in the concrete floor of the building so where it comes out of the building and the
associated fill and vent pipes are all to be removed.
Mr. Beneveuto stated that it's his understanding that if there is any contaminated soil on
site, it must be contained on site until DEP can come out and test it. Mr. Fabbri said DEP
doesn't do the testing. The owner is responsible for the testing. It's pulling the tank out.
The process includes needing to screen the soils and if there is more than 100 ppm you're
required to notify the DEP within 72 hours.
Vice-Chairman Pal,,7~i asked for commeuts from the public.
Joan Murphy questioned the size of the tank, and Mr. Fabbri repeats that a 500-gallon
tank measures about 3-1/2 x 4-1/4 feet by five feet in length.
There being no further comment, Vice Chairman Paiuzzi asks for a motion to close the
hearing motion by Pat Grimes and seconded by Dr. Johnson, all in favor motion carries.
ORDER OF CONDITIONS:
Sam Fonzo Realty Trust
Mr. Benevento stated going back to the Notice of Intent for Sam Fonzo, he feels
additional pr~antions are in order and feels the Commission should add a condition that
the cons~wation agent be notiflad of the preconstruction m~ting so that she can be in
attendance, and also a condition that the applicant will submit a brief description of what
they're going to do in the area of Flag 42.
Mr. Benevento wants to add a condition to include photographs of the wetland perimeter
before and after, and Mr. Sparages says that will be fine.
Dr. Johnson makes a motion to accept the conditions as written, Mr. Benevento
seconded, all in favor motion carries.
Otis Road
A motion was made by Richard Benevento to issue Standard Commission Conditions,
seconded by Dr. Johnsun. All members in favor, motion carries.
240 Eltiott Street
A motion was made by Dr. Johnson to issue Standard and Coastal Commission
Conditions, seconded by Pat Grimes. All members in favor, motion carries.
Certificate of Compliance
95 Grover Street (DEP #5-511 ) John Sanidas
99 Grover Street (DEP #5-512) John Sanidas
103 Grover Street (DEP #5-513) John Sanidas
Debbie Hurlbun states there are three Certificates of Compliance are being requested for
Grover Street by John Sanidas, DEP #5 -5 11,5 12 and 5 13.
Mr. Benevento asks if these are the three houses across from Worthington, and Debbie
Hurlbun responded that they are.
Mr. Sandidas stated that the planting was done under ideal conditions. Everything took
within two weeks and the last hydroseeding was the last week in September. Two of the
houses have automatic sprinkler systems.
Debbie Hurlburt says Lot #1 was 103 Grove Street, Lot #2 was 99 Grove Street which
was 20 feet closer to the resource area, and at Lot #3 the dwelling is in the epproved
location.
Mr. Benevento stated thin DEP #5-512, the one closest to the resource area, shouM have
required modification to the plan. (*Members review plans). Debbie Hurlbun stated that
with the revisions, only the deck goes slightly into the buffer zone.
Old/New Business:
Debbie Hurlbun states DEP Attorney Faherty asked her to coma to the Commission to
find out whether the Conservation Commission is willing discuss the proposal they
presented previously and wants the Commission to talk about whether they think the
proposed changes enhance the area. He said if the Commission is willing to discuss it, he
would be willing to come to the next meeting but if the Commission takes the position
they have in the past, he isn't going to bother. She states she will tell him the
Commission is very willing to discuss the issue.
Vice Chairman Paluzzi made a motion to tell Attorney Faherty that the Commission is
still open to discussion, but would make it known that they are going to have to work
with us, and that they still consider this area a BVW. Seconded by Dr. Johnson, all in
favor motion carries.
Minutes:
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The acceptance of the minutes have been postponed to the next meeting.
Adjournment
Motion was made by Richard Benevento to adjourn the hearing seconded by Dr.
Johnson, and approved unanimously.
Meeting was adjourned at 9:20 P.M.
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