1998-09-29BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
SEPTEMBER 29, 1998
A regular meeting of the Beverly Conservation Commission was held
on September 29, 1998 at 7:00 p.m., in the Program Room, Beverly
Public Library, 32 Essex Street.
Those Present were: Chairman David Lang, Vice-Chairman Tony
Paluzzi, Jay Donnelly, Pat Grimes, Jon Mazuy, and Dr. Mayo Johnson.
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
Continued: Cross Lane - Soccer field upgrade / City of Beverly
Chairman Lang stated that the City of Beverly is requesting to
withdraw without prejudice their Request for Determination of
Applicability previously applied for, then read a letter received
from the City of Beverly's Engineering Director Frank Killilea, Jr.
(On File), and stated that the City of Beverly has filed a full
Notice of Intent.
A motion was made by Tony Paluzzi to accept the request to
withdraw, seconded by Dr. Johnson and approved unanimously.
Debbie Hurlburt explained that the Conservation Commission did a
site walk to the soccer field on the previous Saturday, that the
Engineering Department hired Mary Rimmer of Rimmer Environmental to
delineate the field, and that she is here tonight to make a full
presentation.
Debbie Hurlburr noted that the City of Beverly is still not allowed
to work.
Jon Mazuy asked if the prior Order of Conditions stands. Chairman
Lang stated that the Commission did give the City certain leeway so
that the City could complete the reseeding in order to button the
field up for the winter.
Jon Mazuy asked if the work has been completed. Phil Klimowicz,
the City's Forestry and Grounds Supervisor stated that the work was
concluded the following week.
Tony Paluzzi stated that Frank Killilea called him prior to the
September 1, 1998 meeting to explain to Tony Paluzzi that the
trenches were already dug before he got to them.
Phil Klimowicz stated that no tree trimming has taken place, but
that the irrigation system was completed prior to the site walk,
and that the City of Beverly is now proposing to sod because it is
getting too late in the season to seed.
Jon Mazuy stated that work has proceeded. Debbie Hurlburt stated
that a delineation was done by an appropriate entity, and that
there is a report in hand that will identify where the wetlands
are.
Chairman Lang stated that he shares in Jon Mazuy's thoughts, that
the process broke down and that he doesn't know what else to do
besides to let the City reseed or sod the field.
Pat Grimes stated this is what happens when the process isn't
followed, that this is part of the confusion, and hopefully it
won't happen again.
Public Hearinqs:
Continuation of Public Hearinq: LP Henderson Road - mini storage
facility - T Ford Co.
Chairman Lang explained that a letter has been received from T Ford
Company requesting a continuation of this public hearing until the
Commission's meeting scheduled for November 10, 1998 because there
is no new information. (On File)
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the public hearing on LP
Henderson Road to the Commission's meeting scheduled for November
10, 1998, seconded by Tony Paluzzi and approved unanimously.
New Public Hearing:
Beverly
Cross Lan~
Soccer Field uD~rade - City of
Mary Rimmer of Rimmer Environmental representing the City of
Beverly's Public Works Department addressed the Commission and
explained that this project was originally proposed by the City of
Beverly a few years ago, but that the project before the Commission
tonight is different.
Ms. Rimmer explained that there will be no filling in of wetlands,
and that the proposed work includes the installation of an
irrigation system, installation of a fence between the field and
the park area, regrading, planting of some trees to serve as a
buffer for the neighbors, grading and seeding of the field itself.
Ms. Rimmer stated that the vegetated wetlands do not contain a
water body, that the delineation is slightly different because the
wetlands have encroached the field more, that haybales have already
been installed, that the irrigation system is in place, and that
the sprinklers are set to feed the field.
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Ms. Rimmer explained that the City of Beverly is proposing to cut
10' along the side of the field in addition to the irrigation
system, that no trees are to be removed, just pruned so that it
creates more space for an out of bounds area.
Ms. Rimmer noted that the pruning is not done, and that the
proposed 10' of pruning is on the other side of the haybale area.
Pat Grimes stated that the City is not going to clear beyond the
haybales. Ms. Rimmer responded right, that the haybale area will
be included in the 10' of pruned area.
Jay Donnelly asked if the haybales are adequate to handle erosion
to the wetlands. Ms. Rimmer stated that she thinks so because the
area is densely vegetated.
Jay Donnelly asked if the materials are placed to almost the top of
the haybales. Mr. Rimmer explained that no new fill will be
brought in, just removing things due to the installation of the
irrigation system.
Jay Donnelly questioned if it would be a good idea to install silt
fencing as well as the haybales. Ms. Rimmer stated that they can
install silt fencing behind the haybales if the Commission wants.
Chairman Lang questioned what will happen when the haybales are
removed, and suggested that the City have some type of a plan.
Jon Mazuy asked if the installation of the irrigation system on the
southerly side of the field is mostly within 20' of the haybales.
Ms. R]mmer stated yes.
Jon Mazuy asked Ms. Rimmer's opinion, that whether this operation
of further brush removal will impact the wetlands themselves. Ms.
Rimmer explained that there will be no more brush removed, that the
pruning process is minor and is to take place where the wetlands
seem to come to a point, but that if the Commission would like some
other type of mitigating measure they will do it. Ms. Rimmer
suggested that maybe the Commission would like to see another row
of haybales, that the extra row might solve some of the problems.
Jay Donnelly stated that he agrees with the suggestion of the added
row of haybales, and suggested that the City put them in first, and
stated that a siltation fence still might be a good idea.
Chairman Lang stated that he rather not go right into the wetlands
with the haybales, but rather to push back the row of haybales 5-
10' for grading, and then put the haybales there.
Tony Paluzzi asked if the irrigation system is the size of the
soccer field. Mr. Klimowicz explained that the irrigation system
is along the edge of the playing field.
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Jay Donnelly stated that he took a look at the field yesterday, and
asked what the undermining fill holes are for that are along the
irrigation pipes. Mr. Klimowicz explained that the holes are for
trenching, that they intend to fill in over the pipes, that it is
a settling process for the trenches. Ms. Rimaner noted that there
is a fence in that stretch to prevent the children from getting to
close.
Chairman Lang questioned whether or not the wetlands turn back at
all out and about flag A9. Ms. Rimmer stated that it does, but
beyond the 100' buffer zone.
Chairman Lang asked if the 100' buffer zone stays as is. Ms.
Rimmer stated that it follows the line.
Chairman Lang asked if any one from the public wished to speak.
Gary Ciavola of 109 Cross Lane stated that he is not clear with
respect to cutting. Mr. Klimowicz explained that the City wants to
prune the trees, that there will be no removal, and that the
purpose is to provide more lighting.
Mr. Ciavola asked if they intend to widen the area. Mr. Klimowicz
stated no, that the haybales are to stay where they are right now,
that the purpose is to get the most playing area as possible.
Mr. Ciavola stated that this has been aggravating for the
neighbors, that the City attempted a couple of years ago to do this
work, that the neighbors went on the site walk, wrote letters, and
stated that the City knew what was down there, and can't believe
that this work was done after the effect, and that the neighbors
saw truck load after truck load of fill being brought in, and asked
if this wasn't going to change the contour of the field
dramatically. Ms. Rimmer explained that it depends where the fill
was placed, that a filing should have been done prior to the work.
Mr. Ciavola stated that people where doing work all during the
week. Mr. Klimowicz explained that the work being done was for
preparation of the seeding that was to be done.
Mr. Ciavola stated that he is glad that there is going to be a
better field but that he still is unclear of the pruning issue.
Chairman Lang explained that the work being done the Commission is
aware of, that it is the work the Commission authorized in order to
get the area ready for seeding, but that no filling or excavation
was done, and as for the trees, it is clearly stated in the Notice
of Intent that no trees will be cut, and it is up to the Commission
to decide what is going to be pruned.
Mr. Ciavola stated that he doesn't think that kids need 70-75' of
out of boundary area. Chairman Lang stated that it is his
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understanding that the City wants to prune the over hang of the
trees, that they don't want a dangerous situation with dead trees.
Mr. Ciavola questioned the future impact of the field (ie: the use
of fertilizers running into the wetlands), and stated that the
Commission should give the City guidelines. Ms. Rimmer stated that
there will be a need for certain amounts of fertilizer to prevent
erosion of the field. Mr. Klimowicz explained that there is a
program that the City follows, that they use organic fertilizers,
and there are limited amounts that are used. Ms. Rimmer explained
that treatments are with little amounts of the products.
Mr. Ciavola asked if the water pressure will be affected when the
sprinklers are on. Mr. Klimowicz stated that it shouldn't.
Mr. Ciavola asked how often will the sprinklers run. Mr. Klimowicz
stated that it will depend upon the weather conditions, that the
times will change constantly.
Theresa Ciavola of 109 Cross Lane explained that there is a low
spot in this area of wetlands, and asked if the funnel will affect
the wetlands. Ms. Rimmer stated that it won't change at all, that
they intend to regrade the area. Mr. Klimowicz stated that it is
less likely to have run-off.
Ms. Ciavola questioned the haybales and the grading. Ms. Rimmer
explained that they are discussing adding another row of haybales,
and removing the others, and that everything in front of the
haybales will be graded.
Chairman Lang stated that he might want to keep the buffer there.
Debbie Heslop of 111 Cross Lane asked if it might not be a good
idea for the Commission to take more time to study the impact, to
take a more careful look in order to do the job right, that the
process broke down, and now there is a new process in place.
Chairman Lang explained that the Commission is starting a new
process because the old process isn't working. He further
explained that he met with the Mayor a couple of times regarding
this issue, and that there is a focal point to try to resolve this
matter.
David Heslop of 111 Cross Lane stated that he is getting two
messages'concerning the haybales, that during the site walk it was
suggested that the City clear the area by the haybales then open
the area up again; tonight it is being suggested that the City push
the field back by pruning. Mr. Heslop asked what is going to
happen, and what are the residents to expect, that he thinks the
Commission should take the Major's suggestion and not push the area
back, and that the Commission should get some form of written list
regarding the haybales.
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Mr. Heslop further asked what is going to happen with the parking
area. Ms. Rimmer explained that the parking area proposed is to be
a gravel lot, and further noted that a list of conditions is
typically given by the Conservation Commission in the Order of
Conditions on how the work is to proceed.
Mr. Heslop stated that he would like to see the field smaller, and
not have it widened any further.
Rene Mary of 264 Hale Street stated that she wanted to point out
that this area is the flood plain for a perennial brook, and to
take into consideration that streambecause it is within the buffer
zone. Ms. Rimmer stated that she is going by the 500 year flood
zone provided by FEMA, and that she realized that there is a
flooding concern for that section of the brook.
Rene Mary asked if the average age of the kids that are to be
playing on the field are between 8-10 years old. George Zambouras
addressed the Commission as a member of the Beverly Board of Soccer
and stated that the field is not going to be used over an age group
of 12.
Scott Carter of 75 Cross Lane asked if the City intends to do any
planting to the field along Cross Lane, that it would be nice if
the City planted something that would blend in with the
neighborhood or maybe install a split rail fence to make the area
as nice as can be. Ms. Rimmer stated that there is no proposal for
planting, but that one could check with the Department of Public
Services to see what their plans are for that.
Mr. Heslop asked if the area contained isolated wetlands. Ms.
Rimmer explained that the area does receive some ponding, but that
it is non-jurisdictional and doesn't meet the criteria because it
lacks a bordering water body.
Chairman Lang stated that there is vegetation on the wetland side
of the haybales that extends toward Cross Lane, but noted that it
has gotten pushed back further. Ms. Rimmer stated yes there is
vegetation, that the City just wants to prune 10' in front of the
irrigation system, and there still can be vegetation growing, like
low lying vegetation (grass).
Ms. Ciavola stated that she would like to thank the Commission with
respect to the public's legal rights, and appreciates the
Commission allowing the public to participate.
There being no further questions or comments regarding this matter,
a motion was made by Dr. Johnson to close the hearing, seconded by
Jon Mazuy and approved unanimously.
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Continuation of Public Hearinq:
construction - Acciavatti
Linden Avenue Court house
George Zambouras addressed the Commission on behalf of the
applicant Acciavatti and stated that at the last site walk the
Commission asked for additional information on the abutting
area/tree, and for the cross section. Mr. Zambouras handed out
copies of a report with respect to these questions. (On File)
Mr. Zambouras explained the cross section noting that the swale
itself is approximately a 1' wide swale, that the velocity during
the 10-100 year storm ranges from 3' per minute to 4-6' per flow,
and noted that this is well below acceptable minutes to prevent
erosion of the tree.
Mr. Zambouras stated that the arborist said yes, that construction
of the dwelling would cause damage to the root structure of the
tree, but that basically the tree is already dying. Mr. Zambouras
stated that in the letter he has supplied some precautions that
they will take regarding the safe keeping of the tree, and noted
that the tree will be significantly watered before the winter
months. Mr. Zambouras further stated that the location of the tree
was stated incorrectly, and that the plan does show it incorrectly.
Jon Mazuy asked if there is anything in the report with regard to
drainage or is the difference relatively insignificant. Mr.
Zambouras stated yes there is detail of drainage in the report
because the roof drains will be tied into a drainage system, and
because the recharge of roof liter will be to the subsurface soil,
but noted that there will only be a slight difference.
Pat Grimes asked if the stone trenches are shown on the plan right
now. Mr. Zambouras responded yes.
Chairman Lang asked if the owner is interested in keeping the tree
in place. Mr. Zambouras explained that the tree is on the abutting
neighbors property, but that the arborist does suggest trimming
some branches, and that both parties have agreed to work together.
Tony Paluzzi asked if he understood correctly that the aborist said
that the tree was going to dye anyway. Mr. Zambouras stated
correct.
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 close the hearing, seconded by
Tony Paluzzi and approved unanimously.
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New Public Hearinq: 10 Middlebury Lane - ri~ rap wall/reqardin~ -
Graves
John Graves of 10 Middlebury Lane addressed the Commission and
explained that he would like to conduct some grading activity in
his back yard, and would like to install a rip rap wall. Mr.
Graves noted that Hayes Engineering is going to do the plot plan
for this work.
Peter Ogren of Hayes Engineering addressed the Commission and
explained that the applicant came forward to do some grading, but
the existing contours of the area are too steep and a rip rap wall
is needed on a 1-1 slope along the vegetated wetlands that will run
along the contour of the slope and toward the dwelling itself.
Mr. Ogren stated that paving will take place in the buffer zone,
that paving will consist of a driveway and the underneath of the
deck area that is to be used for storage, and that grading will
take place that is associated with the rip rap wall. Mr. Ogren
then shows the cross section of the property and the rip rap area,
and noted that the bordering vegetated wetlands are flagged, and
stated that they are seeking an Order of Conditions.
Pat Grimes asked if the vegetated wetlands are existing behind the
rip rap now. Mr. Ogren stated that the grade goes down to the
bordering vegetated wetlands, and what they are looking to do is
flatten out the area, and then have it drop sharply.
Pat Grimes asked if what the applicant is basically trying to do is
make a back yard. Mr. Ogren responded yes.
Mr. Graves explained that he has three young children and because
of the slope it can't be maintained, that it is growing wildly now,
and what he is trying to do is to keep the slope maintained because
of his concerns about safety.
Tony Paluzzi asked what is on the slope now. Chairman Lang
explained that it is currently vegetated with tall grass and
miscellaneous planrings.
Mr. Ogren showed the members pictures of the area of the back yard,
and what the applicant is looking to accomplish.
Chairman Lang noted that the 10' vertical wall will be in the edge
of the wetlands, and asked if the applicant considered pushing the
wall back approximately 5-10' for a buffer. Mr. Ogren stated that
the applicant would like to go to the edge of the wetlands. Mr.
Graves explained that if he pushed the wall back closer to the
house, the wall will have to be increased.
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Jay Donnelly asked what the approximate weight will be at the base
of the wall at the existing grade. Mr. Ogren stated that he
doesn't have those calculations, then explained that it is at a 1
to 1 slope, and explained that not all forcers will go down to the
base of the wall.
Jay Donnelly asked what will be done at the toe of the slope to
insure that the rip rap won't slide. Mr. Ogren explained that they
intend to toe in the rocks to make sure the rip rap won't slide,
and then they intend to place rocks on top of the rip rap.
Jay Donnelly asked how the wall will be designed to allow drainage.
Mr. Ogren explained that it's a rip rap wall so the water will flow
through it, that there won't be much wash through of the wall.
Jay Donnelly asked if there will be any filter fabric behind it.
Mr. Ogren stated no.
Jay Donnelly asked if any test borings have been done to the
existing soils. Mr. Ogren stated no, that the area in general is
ledge.
Jay Donnelly asked what the applicant intends to do about erosion
and sediment control. Mr. Ogren explained that the major feature
will be a silt fence line along the toe of the slope, and that
usually the toe is imbedded into the ground or some clean sand will
be placed down, then they intend to flop the edge, excavated the
material, then fill will be placed down, and the rip rap on top of
that. Mr. Ogren stated that the silt fence will be removed when
the grass has been established, and that grading and filling will
take place after the rip rap slope is in place. Mr. Ogren
explained that when this work is done, it is the applicants goal to
have a back yard, flatten out, and lawn replanted.
Tony Paluzzi asked how they intend to get the rocks downto the toe
of the slope. Mr. Ogren explained that they will have to bring the
rocks down the driveway, and place them with a machine.
Tony Paluzzi asked what size the rip rap rocks will be. Mr. Ogren
stated that the rocks will be a couple of feet in diameter, that
there will be no crushed rock or gravel stone used, and that the
rip rap will be placed down with machinery.
Tony Paluzzi stated that he was out there a couple of days ago, and
that there is a lot of debris over the wetlands. Mr. Graves
explained that he intends to cart that material away.
Chairman Lang asked the members if they wanted to vote on this
without seeing it.
Tony Paluzzi stated that he has seen it, and that he doesn't have
a problem.
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Chairman Lang asked if any members of the public wished to speak.
There were none.
There being no further questions or comments regarding this matter,
a motion was made by Pat Grimes to close the hearing, seconded by
Tony Paluzzi and approved unanimously.
Order of Conditions
Linden Avenue Court
The Commission voted to issue (1) standard and coastal conditions
for this project; and in addition (2) that the arborist's letter be
implemented specifically items #6, #8, and #9; (3) that the
applicant shall submit a copy of the Bartlett report to his
neighbor, David Suminsby of 21R Linden Avenue; and (4) that storage
of the excavation equipment shall take place away from the sea
wall.
A motion was made by Tony Paluzzi to approve the Order of
Conditions for Linden Avenue Court as agreed, seconded by Pat
Grimes and approved unanimously.
Cross Lane
Jon Mazuy stated that he doesn't want to put another line of
haybales behind the present ones.
Chairman Lang suggested that the members have the City come back to
the Commission with a proposal of where the fill is and what they
can recommend, as well as a proposal to install a 4' chain link
fence.
Jay Donnelly stated that he agrees, that the City needs to protect
the wetlands and a fence could solve the problem.
Jon Mazuy suggested that the City inform the Commission as to what
they intend to do if they create a low spot will run counter
productive to drainage, and cause a less channelized area.
Chairman Lang suggested that they keep the haybales where they are
and not add any more.
The Commission voted to issue (1) standard conditions for this
project; and in addition (2) the City shall come back to the
Conservation Commission with a proposal on how the fill will be
stabilized along the haybale line and how it will be graded; (3)
prior to pruning and trimming, the trees need to be flagged and
approved by the Conservation Administrator; (4) no trees or brush
shall be cut down; (5) a 4' chain link fence at 100' in length be
installed; (6) Applicant shall submit to the Commission information
on the herbicides and pesticides to be utilized, and its offset
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onto the wetlands prior to application on site. Additionally, the
applicant must get Commission approval in writing, prior to
application. Only organic fertilizers shall be applied on in order
to eliminate any chemical runoff into wetlands.
A motion was made by Jon Mazuy to approve the Order of Conditions
for Cross Lane as agreed, seconded by Tony Paluzzi and approved
unanimously.
10 Middlebury Lane
The Commission voted to issue (1) standard conditions for this
project; and in addition (2) that a row of haybales be put down 2'
from the edge of the wetlands; (3) removal of existing material are
to be removed daily or stored in containers (ie: wood chips, eroded
logs); (4) stockpiling of material shall have haybales around the
entire perimeter of the soil; (5) storage and refueling of
excavation equipment shall be done as far away as practicable; (6)
sediment and erosion controls shall be followed as stipulated in
the Notice of Intent; and (7) the toe of slope rip rap wall, that
is to be constructed shall be inside the haybales at least 5 feet
from the wetlands.
A motion was made by Dr. Johnson to approve the Order of Conditions
for 10 Middlebury Lane as agreed, seconded by Tony Paluzzi and
approved 5-1. (Jon Mazuy opposed(?) )
Old/New Business:
Maestranzi
Debbie Hurlburr updated the m~mhers and explained that at the last
meeting the members voted on writing a letter to the Judge, and
noted that Maestranzi was not invited to the meeting because she
thought the members would want to discuss Gulf of Maine's report
then.
Debbie Hurlburr stated that she told the applicant that there was
some mis-communication, and that she is putting a letter together
referencing the report, and will invite Maestranzi to the next
meeting.
Cumminqs Center
Debbie Hurlburt read a letter from the Beverly Harbor Authority to
the members. (On File)
Bruce Oveson stated that he would like to keep some of the process
on-going and continue all other discussions at a future date.
George Whitney of Harbor Management Authority asked Mr. Oreson if
he has seen the latest letter from DEP. Mr. Oveson responded yes,
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and explained that there is still a struggle with respect to the
walkway, that some are saying we have to have a walkway, others are
saying there will be no walkway.
Debbie Hurlburt asked Mr. Oreson if it would be beneficial to
schedule him for the next agenda so that he can update the
Commission so this can move forward.
Chairman Lang stated that he will call DEP and get a sense of what
is going on.
Certificate of Compliance
20 Foster's Point - McNeil
Debbie Hurlburt stated that she has received a letter from the
McNeil's that they are doing renovations to the house.
A motion was made by Jon Mazuy to issue a Certificate of Compliance
for 20 Foster's Point, seconded by Tony Paluzzi and approved
unanimously.
ADDroYal of Minutes: July 7, 1998 and July 21, 1998
A motion was made by Tony Paluzzi to approve the minutes of the
meeting for the July 7, 1998 and the July 21, 1998 meeting as
amended, seconded by Jon Mazuy and approved unanimously.
Adjournment
A motion was made by Jon Mazuy to adjourn the meeting, seconded by
Tony Paluzzi and approved unanimously.
The meeting was adjourned at 9:10 p.m.
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