1998-10-27BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
OCTOBER 27, 1998
A regular meeting of the Beverly Conservation Commission was held
on October 27, 1998 at 7:00 p.m., in the Program Room, Beverly
Public Library, 32 Essex Street.
Those Present were: Vice-Chairman Tony Paluzzi, Jay Donnelly, Pat
Grimes, and Dr. Mayo Johnson. Also present was Assistant Planning
Director Debbie Hurlburt and Susan Akerman, Secretary to the
Commission.
Meeting called to order by Vice-Chairmen Paluzzi at 7:00 p.m.
A motion was made by Jay Donnelly to recess for the purpose of
holding public hearings, seconded by Pat Grimes and approved
unanimously.
PUBLIC HEARINGS:
New Public Hearing:
John Stilwel
1 Carlton Avenue - Sewer line installation/
Paul Sommer of Sommer Environmental Technologies addressed the
Commission and explained a proposal to install a sewer line from a
lot off of Carlton Avenue, across the abutting property to the
existing sewer system that leads to an intermittent stream. Mr.
Sommer explained that the sewer line is necessary in that it is a
closure of a system that exists in a portion of Beverly. Mr.
Sommer explained that the project is in the buffer zone but not in
the resource area, that the installation of the sewer line will
cause a relatively small disruption to the area, that they will not
be disturbing 20' of the buffer zone, that they will be using a
backhoe to acquire the required depth to bury the pipe, and that
the aspect of this project is to have a gravity feed sewer system
instead of a pump station to Bridge Street. Mr. Sommer stated that
sediment and erosion controls will be put down across the length of
the easement, and what they will be essentially doing is going in,
burying the pipe, run the line, and get out.
Jay Donnelly asked if they propose to cross the intermittent
stream, and asked how they intend to excavate end back-fill. Mr.
Sommer explained that the work will be done at a period of low
flow, and noted that the stream is dry at this point, that this is
a drainage trench that was installed many years ago, but that they
will do the work on a dry day, trench it, re-establish it and get
out, a straight forward methodology.
Jay Donnelly asked what condition the stream is in now at the
crossing. Mr. Sommer explained that there are some bricks in
there, some grass clippings, and stated that it is not a stream.
Jay Donnelly asked if the flow will be any different after they are
finished with the project. Mr. Sommer responded no, that there
will be the exact same management of flow.
Jay Donnelly asked if any other homes are expected to be connected
to this sewer line. Mr. Sommer stated no, that this is an attempt
to control the flow from this house.
Tony Paluzzi asked how deep the sewerage pipe is going to be. Mr.
Sommer stated to code, 4-5' deep, that they have to get below the
frost line.
Tony Paluzzi noted that there were trees in the area, and asked if
they intend to remove any of those trees or cause damage to any of
the root structures. Mr. Sommer responded no, but stated that if
the Commission wants, they could condition it so that Sommer
Environmental stay well within or without that area so as to not
cause any impact to those trees.
Dr. Johnson asked if the property owners, Delorenzo, minded Sommer
Environmental going through their property. Mr. Sommer explained
that negotiations are on-going.
Tony Paluzzi asked if anyone from 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 public hearing,
seconded by Dr. Johnson and approved unanimously.
New Public Hearinq: Conqress Street - house construction / Philip
Hansbury
Debbie Hurlburr handed out and explained to the members that she
received these revised plans last week.
Mary Rimmer or Rimmer Environmental addressed the Commission and
explained a proposal to construct a single family home at the end
of Congress Street. Ms. Rimmer explained that the original plan
did not show the topographical details, and that this plan has more
to it.
Ms. Rimmer stated that the project proposes to construct a 816
square foot single family home, that the lot is presently paved,
but that a portion of the lot was paved beyond the right of way of
Congress Street. Ms. Rimmer explained that 1/3 of that area is to
remain paved, but that 562' of paving beyond the right of way is to
be removed, as well as a small storage shed, so that the net
increase will be 80 square feet of impervious feet.
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Ms. Rimmer explained that the project is located within a buffer
zone of a coastal bank, and that it is also located within 200' of
a riverfront area. Ms. Rimmer noted that the entire parcel is
within river front area, and explained that the Performance
Standards of a Coastal Bank states that there is to be no impact to'
the bank or stability of the bank, but further noted that this
river front area lot was in existence before the Performance
standards were in effect, therefore the performance states that you
have to keep the dwelling activity as far away as possible. Ms.
Rimmer did note that the slope is vegetated, that the rear of the
site is bound by a retaining wall, and that the haybale area shown
on the map will be immediately loomed and seeded after construction
of the site.
Tony Paluzzi asked if there is any ledge on the property. Ms.
Rimmer stated yes, there is ledge on the south side of the
retaining wall.
Tony Paluzzi asked if any coring samples have been done. Ms.
Rimmer stated that the first half of the lot showed nothing, but
noted that it banks up, and that there could be ledge there.
Jay Donnelly asked what the proposed elevation of the cellar and
first floor will be. Ms. Rimmer explained that the proposal is to
have the cellar at grade in the front.
Pat Grimes asked if there is any vegetation on the lot now. Ms.
Rimmer stated yes, that there are some Norwood Maples, some English
Ivy, and some rag weed.
Pat Grimes asked if these are to remain. Ms. Rimmer explained that
some are to be removed in order to construct the house, but that
immediately adjacent to the lot there will be grass.
Jay Donnetly asked how the City utilities will be hooked up to the
house. Mr. Hansbury stated that all the utilities are right there
at the curb. Ms. Rimmer further noted that she has a letter from
the Building Department stating that the lot conforms to all zoning
requirements.
Pat Grimes asked what type of run-off increase will this project
create. Ms. Rimmer explained that there will not be a change in
grade so there shouldn't be any, that the run-off should keep going
down Congress Street.
Tony Paluzzi asked what will happen to the pavement that is
proposed to be removed. Ms. Rimmer stated that it will be removed
by standard requirements.
Dr. Johnson stated that he would like to make a comment and
congratulate Rimmer Environmental for its write-up of the Notice of
Intent, that it was very clear, and that it did a first class job
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on presenting this project. Dr. Johnson further noted that he did
do a site walk to get a feel for the project.
Tony Paluzzi asked if anyone from the public wished to speak.
Tim McCollough Of 10 Cliff Street asked what the overall height of
the house will be. Ms. Rimmet explained that a two story house is
proposed, that it will be 24' to the roof peak, that the rear
elevation is at 34'.
Mr. McCollough commented that the pavement that is to be demolished
is presently used very actively for public access (ie: fishing,
kayaking), and that there are at times a couple of cars parked
there, and that the haybales will impede the access to the lot
where people go to fish, lobster, and kayaking. Tony Paluzzi
stated that they can change the line of haybales so that it won't
go across that area.
Raymond Barberclemer Cliff Street asked what they plan to do with
the huge stone retaining wall. Ms. Rimmer stated that it will stay
in place, that it is required for the stability of the houses.
Richard Gagne of 36 Cliff Street stated that he and his neighbors
are concerned with respect to the retaining wall, that digging the
foundation 8-10' from the retaining wall could cause the wall to
come down, because the wall is already on shaky ground.
Jay Dounelly asked Ms. Rimmer if she has any suggestions on how
they can stabilize the wall during construction. Ms. Rimmer stated
that they will hire good engineers, work very slowly and carefully,
that the project calls for limited work, and noted that the backhoe
is not going to be at the toe of slope, and that maybe they could
have a meeting with the neighbors so everyone knows what is going
on.
Jay Donnelly suggested that Rimmer Environmental might want to hire
a foundation engineer to do some borings and design a method in
order to keep the wall stable. Mr. Hansbury stated that they would
put down a slab if they found the wall to be in trouble.
Margie Falloni of 9 Porter Street explained that she also owns the
house at 2 Porter Street, and asked if the paved area that is going
to be removed is going to be tested to see what is underneath, and
further asked how they intend to get the utilities in. Mr.
Hansbury stated that the other building had utilities, that the lot
is zoned residential, and test borings are not required.
A resident of 2 Porter Street stated that she is concerned because
there is a lot of ledge there, concerned with the stability of
other homes, and concerned with drainage and what effects it will
have on her home. Ms. Rimmer stated that the lot is down
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gradient and that drainage is not an issue, and that blasting is
not anticipated, that it is not in the Notice of Intent.
Mr. McCollough asked Ms. Rimmer is she could clarify the matter
regarding drainage. Ms. Rimmer explained that the proposed house
will not impact other houses, that the run-off will go down.
Mr. Raymond Barberclemer asked how they could get a building permit
on a non-conforming lot. Debbie Hurlburr explained that the lot is
a grandfathered lot, that it is a buildable lot, and that it does
have status, and that his concern is one that should be taken up
with the Building Inspector.
Debbie Hurlburt read a letter from the Building Inspector.
(On File)
Debbie Hurlburt asked the applicant if he does encounter ledge and
that they put in a slab foundation, will the elevation be higher.
Mr. Hansbury stated that he intends to keep the grade as is.
There being no further questions or comments regarding this matter,
a motion was made by Jay Dounelly to close the public hearing,
seconded by Pat Grimes and approved unanimously.
New Public Hearinq: Sam Fonzo Drive - buildinq construction/Fonzo
Realty Trust
Chris Sparatus addressed the Commission on behalf of Sam Fonzo
Realty Trust and explained that this is the first build out for Sam
Fonzo Drive, and that a Notice of Intent has been filed. Mr.
Sparatus explained that a contract to pave the road has been issued
and the work has started, that the proposed site is for Aero
Manufacturing, and that a parking design as well as a storm water
management design has been submitted.
Mr. Sparatus reviewed the history of the site, and explained that
the wetland line was previously determined during the Notice of
Intent phase of the airport road, and that same line appears on
this plan. Mr. Sparatus stated that each of the sites are required
to submit a Notice of Intent, that this is strictly a buffer zone
project, that there will be no additional filling-in of wetlands,
and that the project meets the requirements of DEP's storm water
management design. Mr. Sparatus further explained that there will
be deep pump catch basins with manholes, that they are proposing
construction of a pocket wetland, and that there will be a forbay
associated with construction of the pocket wetland so that they can
try to make pre-treatment to be 1/10th of the volume in order to
catch more sediment because it make more sense on a maintenance
perspective.
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Mr. Sparatus stated that they are proposing to maintain/clean out
any sediment in the forbay four times a year, and that they are
proposing a wetland mix at the bottom of the forbay.
Mr. Sparatus stated that during construction of the project they
intend to control erosion and sediment by installation of a silt
fence, that they will try to minimize open area, and that if
erosion becomes a problem they intend to use check-downs, and that
a temporary cover will be used before the permanent cover is put
down. Mr. Sparatus explained that what they are trying to do is
propose plantings on the side slope, then place rip rap in certain
areas, noting that the B.M.P.'s will be seeded with a wetland seed
mix, and then have the indigenous species take over.
Mr. Sparatus then explained their proposal for storm water
management, and noted that the storm water design matches the storm
water management design associated with the airport road.
Pat Grimes asked if the storm water run-off will go into the
constructed pocket wetland. Mr. Sparatus responded yes, and
explained that all run-off from the site will flow to the pocket
wetland, spill out to an outlet pipe, and meet downstream.
Pat Grimes noted that there will be discharge velocity, and
questioned if it will cause added erosion. Mr. Sparatus explained
that there will be level spreaders, that the structure itself is
designed to be a velocity reduction structure, and that the intent
of the level spreader is to have it dissapate the velocity greatly.
Jay Donnelly asked if there will be erosion down stream of the
entry spillway. Mr. Sparatus explained that they will try to keep
the water run-off down where the level spreader is to be, but if
the water level spills over, it will spill over into an emergency
spillway. Mr. Sparatus stated that there will be rip rap there,
and suggested that they expand the rip rap to the level spreader
below the elevation of the spillway, and move the level spreader
over.
Tony Paluzzi noted that the plan shows ledge, and asked if blasting
is intended. Mr. Sparatus stated yes, we anticipate blasting 10'
of ledge in that particular area.
Tony Paluzzi questioned if they are going to blast in the back left
corner. Mr. Sparatus explained that they will have to remove some
bedrock in that area too, and that they will also be blasting for
the roadway.
Pat Grimes noted that planting should be done very early on. Mr.
Sparatus stated that they will bring the area up to grade as soon
as the area is stabilized.
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Tony Paluzzi asked if the site was all flagged. Mr. Sparatus
stated yes, but that he is not sure how many still remain, that he
will have to double check, and will go back if necessary and re-
flag.
Tony Paluzzi asked Mr. Sparatus to also have the four corners of
the building flagged.
Jay Donnelly asked how many yards of fill will be needed to
construct this site. Mr. Sparatus stated that he didn't have with
him the cut and fill plan, but that he believes it will be within
25,000 yards for fill potential, and noted that they will not be
removing any material from the site.
Jay Donnelly asked what type of material will be used for fill.
Mr. Sparatus stated structural fill.
Jay Donnelly asked in relation to manufacturing, will there be any
waste products from the manufacturing facility to be concerned
with. Mr. Sparatus explained that the specification do state that
there will be some cutting of material on site, and some cutting
oils, but noted that there are some intensive spill management
guidelines that Aero Manufacturing will have to abide by. Mr.
Sparatus stated that he could supply the Commission with that
information in more detail, but that he does not think that Aero
Manufacturing is involved in dipping material in any solutions, but
will check with company officials and provide a list.
Debbie Hurlburt stated that in the comment letter sent from DEP to
the Conservation Commission, it was stated that the proponent
pulled back the slope from the wetlands. Mr. Sparatus stated that
they plan on stabilizing the slope as best as possible.
Tony Paluzzi asked if any one from the public wished to speak.
Tim McCollough of 10 Cliff Street asked where the water run-off
will drain into the wetlands. Mr. Sparatus showed where the
wetlands are on the map and explained that once the road is
constructed, it will flow under the road, that the idea is to have
the flow go down Conant Street.
Joan Murphy of Longmeadow Road asked what time of year, this fall
or next Spring, are the plantings going to be put in. Mr. Sparatus
explained that they would finish up with the grading in the Summer
of next year.
Ms. Murphy stated that there could be a lot of erosion into the
wetland area without the benefit of plantings. Mr. Sparatus stated
yes, there will be some limited erosion, but the silt fencing will
help, and there will also be some type of a cover on it.
Ms. Murphy asked if they are going to plant any wetland plants in
the area of the run-off. Mr. Sparatus explained that they intend
tO use a wetland seed mix, that DEP discourages planting in this
area so it wouldn't become over-grown.
Guy Rossi of 29 Linden Avenue stated that he is concerned that the
catch basins won't get clean out four times a year, and asked if
there is a restriction that holds a developer responsible for
cleaning out the catch basins four times a year. Mr. Sparatus
explained that the catch basins that they plan to install are deep
sump, that they are required to clean out the catch basins and
forbay as a recommendation from DEP, and noted that the forbay is
four time larger than the run-off calculated for.
Mr. Rossi asked if the safety factor is 4-1. Mr. Sparatus
responded yes.
Rene Mary of 274 Hale Street asked what the dimension (size &
volume) are of the pocket wetland. Mr. Sparatus stated that the
size is big enough to hold a 100 year storm event, and gave the
calculations for available storage.
Ms. Mary questioned where Eaton Nova was located on the map, and
asked if the building is in the area of the gravel pit shown on the
USGS map. Mr. Sparatus stated that much of the area is an old
gravel pit area.
Ms. Mary asked if Hayes Engineering has done any testing of the
soils. Mr. Sparatus stated yes, several test pits have been done,
the results verify bed rock, and that the soils in the basin is
suitable.
There being no further questions or comments regarding this matter,
a motion was made by Pat Grimes to continue this public hearing
pending a site visit on Saturday, November 7, 1998, seconded by Jay
Donnelly and approved unanimously.
Mr. Sparatus stated that the proposal before the Commission is for
advanced site work to begin in the area outside the jurisdiction of
the Conservation Commission, that they would like to set up the
silt fence around the entire site and start advanced site work (ie:
preliminary excavation, some blasting, silt fencing, etc.)
Jay Donnelly stated that the flags should be replaced before the
silt fencing goes up and before the site walk, and suggested that
the Commission wait until the site walk to answer Mr. Sparatus's
question.
New Public Hearinq: Otis Road - landfill closure/City of Beverly
Joan Hanson, a wetland scientist addressed the Commission on behalf
of the City of Beverly, and explained the existing conditions of
the landfill area, noting that the buffer zone surrounds the
landfill. Ms. Hanson explained that the storm water flows in all
directions off the site, and that they would like to continue with
the same pattern to support the wetland, and continue with the same
water flow so there won't be any additional impact.
Ms. Hanson stated that the proposed landfill closure plan, the
storm water management plan, and mitigation plans have been
submitted.
MS. Hanson stated that landfill grading, and a preliminary swale
design have been proposed on the South portion of the area, that in
the course of closing the landfill waste will be pulled back, and
noted that in doing so there will be impact to the wetlands and to
the adjacent area. Ms. Hanson stated that they propose a perimeter
swale planted with a wetland site grass mixture, and that
indigenous plantings will fill in to create a more productive
wetland. Ms. Hanson stated that the wetlands on the cap are
proposed in order to serve as a trap of sediment and make the water
quality better.
Next, Ms. Hanson reviewed the point of discharge, noting that they
are proposing to rip rap the swale so that it traps sediment, and
if maintenance is needed, they can go in without disrupture to the
wetlands.
Jay Donnelly asked Ms. Hanson if she could discuss how the natural
rain fall and the geosynthetic membranes will affect the area. Ms.
Hanson explained that a synthetic liner will be placed down so very
little water will percolate through the cap, and that closing the
landfill will eliminate the problem, and noted that on top of the
geosynthetic membrane there will be a gas trap, and a net amount
of 36" of cover material.
Jay Donnelly asked how the gas will be vented. Frank Killilea
stated that it will be passive vented similar to candycane shapes.
Jay Donnelly asked if there is a proposal to use the new area for
recreational use. Frank Killilea stated no, it won't be used for
anything like a soccer field, but will be used for walkways, etc.
Tony Paluzzi questioned what they meant by pulling back the waste.
Ms. Hanson explained that waste sluff-off will be pulled back in
those areas proposed to be pulled back, and then landfilling prior
to closing.
Jay Donnelly asked for a clarification of Cross-Section #1, Sheet
#4. Ms. Hanson stated that she would have to get back to him on
that.
Jay Donnelly asked what impact will this design have to the down
slope. Ms. Hanson stated that there will be very little difference
as to what proposed, same area, so same volume.
Tony Paluzzi asked if any one from the public wished to speak.
A resident of Otis Road asked where all the water is going to go,
because down by Cycles 128 it constantly gets flooded. Ms. Hanson
explained that the run-off will go into swales and then be
discharged into the wetlands, and noted that leachade won't get in
after the landfill is capped.
Jay Donnelly asked what the overall intent of the project is. Ms.
Hanson explained that the project is to cap the landfill in order
to meet the State's requirements for closure, to isolate the
landfill, eliminate leachate, and create a safe condition on the
landfill, in an attempt to eliminate some of the problems.
Tony Paluzzi asked if the purpose of the geosynthetic membranes is
to prevent water from getting through it. Ms. Hanson responded
yes.
Rene Mary of 274 Hale Street stated that she hasn't heard of any
water being in that area. Members of the public stated that the
water just oozes out.
Mr. Ross owner of Cycles 128 stated that the water in his area is
brown, that he has artended the meetings of Norwood Pond, and that
it appears that the City is covering up a mess, but what about
damage already done, that property has been contaminated, and asked
if there is going to be any remediation to the pond and the
property that has already been damaged. Mr. Paul Boord of Malcolm
Pirnie explained that the Massachusetts Department of Environmental
Protection has strict guidelines that any owner of a landfill must
follow for closure, and, in which the City of Beverly in order to
close the landfill, will have to go through these procedures. Mr.
Boord stated that there are a lot of steps to go through in order
to get approvals, as well as a number of steps and studies that
surround landfill closures to see if there is any contamination.
Mr. Boord further stated that sampling procedures started six
months ago, and noted that the City of Beverly will have to report
back periodically regarding any results that are found.
The resident of Otis Road asked if the City intends to investigate
this area as well because this was once a dump. Mr. Boord stated
that he can't talk about that particular area tonight, that samples
are being done in certain areas according to DEP guidelines.
Mr. Ross questioned why because the same issues are downhill, that
the contaminations go all around the hill, and that it seems to him
if investigating on top of the hill, all areas need/should be
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explored. Mr. Boord stated that they are half way through sampling
and that nothing unusual has come up.
Debbie Hurlburr explained that Malcolm Pirnie is sampling the area
around the entire perimeter, so anything coming off the site will
be picked-up.
Mr. Ross stated that he did some independent testing, and then read
Item #4 from his letter.
Jay Donnelly asked what the scope of the project is. Mr. Boord
explained that the first thing to do is investigate, then set ideas
for boundaries, and noted that the boundaries have been set for
limits of waste, then a proposal regarding a major sampling plan is
submitted to DEP for the extent of landfill. Mr. Boord further
states that he is not familiar with what Mr. Ross is talking about,
this is a landfill that the State wants to close, there could be
other landfills out there that not known of.
Jay Donnelly stated that the scope of this project has limited
areas, and does not include Brimbal Avenue.
There being no further questions or comments regarding thismatter,
a motion was made by Pat Grimes to continue this hearing until the
Commission's next meeting scheduled for November 10, 1998, seconded
by Dr. Johnson 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 is to submit the cross-
section of the trench at the intermittent stream; (3) all work
shall be conducted during very low flow or dry periods; (4) no
other homes are to be connected to the sewer line; and (5) no trees
shall be cut.
A motion was made by Jay Donnelly to approve the Order of
Conditions for 1 Carlton Avenue as agreed, seconded by Dr. Johnson
and approved unanimously.
Conqress Street
The Commission voted to issue (1) standard and coastal conditions
for this project; and in addition (2) no blasting shall occur on
site; (3) a design professional shall be hired by the applicant to
define the methods to be used during the excavation for the
proposed house construction, as well as how these methods will
affect the integrity of the adjacent retaining wall; (4) erosion
controls shall be realigned to allow access to the river; and (5)
the limit of work shall be defined as referred to on the plan and
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this area shall be d~m~rcated so that no work shall occur beyond
that line, and a pre-construction meeting with the Conservation
Administrator is to take place to determine the boundaries of the
house and to determine if all conditions have been meet.
A motion was made by Dr. Johnson to approve the Order of Conditions
for Congress Street as agreed, seconded by Pat Grimes and approved
unanimously.
Old/New Business:
Debbie Hurlburt noted that Mr. Morse of Dodge Street is under
contempt because he has not responded to the City's request to
clean up his property, and is due in Suffolk Superior Court on
Wednesday, October 28, 1998 at 7:00 a.m.
Debbie Hurlhurt explained to the members that the site
inspection scheduled for Monday, November 2, 1998 with
Maestranzi is off due to a conflict of time.
Debbie Hurlburt handed out a letter received from Camp Dressor
McKee suggesting that they get together with the Conservation
Commission to discuss the Airport Road project. (On File)
Debbie Hurlburr stated to the members that she received a
letter from DEP, RE: Maestranzi. (On File)
Debbie Hurlburr stated that she has received some information
from Gulf of Maine, and is on file for review.
Adjournment
A motion was made by Dr. Johnson to adjourn the meeting, seconded
by Pat Grimes and approved unanimously.
Meeting was adjourned at 9:20 p.m.
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