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1998-12-01City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: December 1, 1998 Place: Beverly Public Library, 32 Essex Street Board Members Present: David Lang, Richard Benevento (7:20), Jay Donnelly, Patricia Grimes, Dr. Mayo Johnson, Jon Mazuy, and Anthony Paluzzi. Board Members Absent: Others Present: Debbie Hurlburr, Assistant Director of Planning, and Frank Killilea, Jr., Director of Engineering. Recorder: Carol A. Pearce Chairman Lang called the meeting to order at 7:00 P.M. Request for Determination of Applicability: Bartlett Gardens -Playground improvements/City of Beverly .City Engineer Frank Killilea presented plans to the Commission regarding playground ~mprovements at Bartlett Gardens. He states with regard to this project there are drainage pipes behind home plate and another one in right field which connect to an existing drainage line in the outfield. There used to be a sewer line that was converted to a 42~ inch drain line which is at the edge of the 100 foot buffer zone to the wetland. Stone Street would have a drain coming between the basketball court and the totqot and one at the end of the basketball court tied to another manhole to the drain line. Also proposed is parking for six cars, and the irrigation system which is shown for the outfield, and is within the buffer zone. Mr. Killilea states it is essentially a flat area and would graded so ultimately it would drain toward the wetland. Mr. Donnelly asks how the wetland is delineated, and Mr. Killilea responds it is delineated by his predecessor George Zambouras. Mr. Lang states that there is grass to the edge of the wetland and it is fairly easy to observe the resource area boundary line. Mr. Killilea responds that it is, correct. Mr. Lang asks if there are catch basins. Mr. Killilea responds there will be two catch basins. At present there is no deep sump for sand and gravel. The pipe would be flush at the bottom of the drain inlet. MI. palnzzi asks where the water will be discharged, and Mr. Killilea indicates it will be discharged to the existing drain line that eventually discharges out at the ocean at Wilson Street. Conservation Commission Meeting Minutes December 1, 1998 Page 2 Ms. Grimes questions the parking area, and Mr. Killilea states there will be parking for six cars, and the area would be paved. Dawn Goodwin, Community Development Manager, corrected Mr. Killilea and stated the parking lot would not be paved. She further states that the handicapped walkway connecting the parking lot to the tot-lot would be there, but there would be no additional parking. Mr. Lang asks how long the overall project would require, and Mr. Killilea states that hopefully it would be done in the spring to be used the following year, and it will be seeded, not sodded. Mr. Lang questions the 75-foot catch basin and drain line to be trenched, and asks would this be done during the day and then backfilled, and Mr. Killilea indicates that hopefully it will all be done in one day. Mr. Lang asks for comments from the public. Wes Slate, 26 Lothrop Street, states he feels this is a good project. He indicates there are a lot of young families with children in the area, and feels the timing couldn't be better. He says he supports the idea completely. There being no further questions or comments, Mr. Paiuzzi makes a motion to dose the hearing, seconded by Jay Donnelly, approved unanimously. A motion was made by Tony Paluzzi to recess for the purpose of holding public hearings, seconded by Jon Mazuy, and approved unanimously. Public Hearings: Notice of Intent Continuation of Public Heating: 5 Holding Street - Excavation and Back fill for Driveway - Victor Capozzi Bruce Eaton, Engineer representing Mr. Capozzi, states he understands the Commission members had a field visit and that they requested information on how they may support the slope the west side of the property, and also there was a request for a letter signifying whether or not Holding Street was a City way. He states Mr. Killilea sent a letter to the Conservation Commission Meeting Minutes December l, 1998 Page 3 Commission indicating that that portion of the project was not an accepted street by the City of Beve~y (letter on file). He presented a sketch showing that they will provide a timber wall along one side with a maximum height of 30 inches, and there would be a maximum four-foot shoulder from the edge of the driveway to the wall, and that it would be seeded with a maximum six-inch drop. He also states their assigned DEP number is 005-647. Dr. Johnson notes that on the Notice of Intent, Part 3, it was indicated 'not applicable' with regard to dredging and excavating but states that there is a lot of fill in the back of the lot which needs to be removed. He questions why this would be considered 'not applicable'. Mr. Eaton responds that it is construction in the buffer zone, and that there is no excavation or backfill in the wetland or in the stream. He further indicates that the backland is owned by Mr. Capozzi who wants to use it as a driveway to the garage and not cut through his front yard to get to the garage area. Mr. Paluzzi asks ifl on the retaining wall on the west side of the property, all of the timbers will be pinned together, and Mr. Eaton affirms that they will be so pinned, but they may have to be trimmed into the ground somewhat. Mr. Paluzzi further ash what is the purpose of the garage, and Mr. Capozzi states the garage is to store two antique vehicles plus his personal car. Presently he has two cars parked out front and he is paying for the two antique vehicles to be stored elsewhere, but he wants to keep them on his own property. Ms. Grimes asks if the driveway is on Mr. Capozzi's property, and Mr. Eaton states it would be on an unaccepted street. Abutters within the subdivision have rights, but it is not a City-accepted street. Ms. Grimes questions ownership of the land, and Mr. Eaton responds it would be necessary to go through the deeds to make such a determination. Mr. Paln7zi questions the end of the driveway being on Holding Street, and Mr. Eaton says that they will continue at the elevation that is presently there, and they will continue and curve up on to Mr. Capozzi's property. It will be a pervious material. Mr. Lang asks for questions or comments from the public. Cynthia Bookman, 3 Holding Street, states that she is an abutter and does not believe Mr. Capozzi has no plans to pave in front of her house, and that this will make a mess in front of her home. She also states she doesn't think Mr. Capozzi knows that the City Conservation Commission Meeting Minutes December 1, 1998 Page 4 only plows snow thirty feet from her home so he would have problems getting to his driveway. She also worries about salt and things getting on to the wetlands. Ms. Bookman does not understand why Mr. Capozzi is not coming from Bridge Street. She is concerned and has been told by several people that he intends to build a carriage house, and wants to know if he has such plans. She notes that no such plans are on file with the Planning Committee at this time. Mr. Capozzi states he has no comment on that. Mr. Lane asks Ms. Bookman to limit her comments to the wetland issues. Ms. Bookman questions erosions. She indicates that hers is a beautiful house and if there were problems with erosion at the site, it would cause a mess. Ms. Bookman further states that Mr. Capozzi had a botanist of his choice come out and look at the site, and she wants a second opinion. Ms. Bookman also says there is a need for an additional fire hydrant, telephone pole and lighting pole, indicating there is only one at the beginning of the street. Mr. Lane reminds Ms. Bookman that this is the Conservation Commission, so that all issues need to be conlined to the wetlands. Ms. Bookman states fire is a concern and in the spring that whole land is loaded with water. She feels she doesn't want to get Mr. Capozzi upset but pan of his house is buried under that land and pan of that was asbestos and she worries about that going into the stream. Mr. Lang asks for other comment from the public. There being none, he asks for comment from the Commission. Dr. Johnson indicates he is uneasy about the tack of information about excavation and fill composition underneath, so even though it's in the buffer zone, his understanding of the regulations is that it's the resource area and to his thinking, that means they should provide information with regard to volume and composition. Ms. Grimes asks if there isn't debris in the area where he's planning to put the garage, and Mr. Capozzi responds there is an old railroad tie and about a dozen patio bricks. He states he took ninety percent of the fill away. Dr. Johnson states that if there is very harmful material in that lot which is going to be in one pan or in areas where it could be washed down, he would be very concerned and would like to look into whether the Commission should have testing done in the area of Conservation Commission Meeting Minutes December 1, 1998 Page 5 the excavation to see if them is material that should be removed prior to any further action being taken. After discussion with the Commission, Mr. Benevento makes a motion to close the public heating seconded by Dr. Johnson - four in favor, two opposed, Mr. Lang abstains, motion carries. Mr. Lang states we will consider the Orders of Condition at the end of the meeting. New Public Heating: 3 Colon Street - Installation of Manholes. PVC pipes and backfill/ City of Beverly. Mr. Lang reads a letter from City Engineer Frank Killilea requesting continuance of this hearing until the next scheduled Commission meeting on December 22, 1998 (letter on file). Motion to continue by John Mazuy, seconded by Mr. Paluzzi, all in favor - motion carries. Order of Conditions: With regard to the Holding Street site, Mr. Lang states either he or Ms. Hurlburt should be there and if anything is questionable, them should be an automatic cease and desist order. Mr. Mazuy indicates that asbestos is not to be buried unless it's in a licensed landfill, and Mr. Lan8 says it may be as simple as shingles. Mr. Benevento states that any debris on the side that shouldn't be there should be disposed of legally. So ifthere's yard waste or a washing machine or whatever, it should be taken out and disposed of properly. This would also apply to any properly adjacent to the site. Dr. Johnson states that he is more concerned with building materials, and Ms. Grimes agrees. A motion was made by Tony Paluzzi to issue 1) Standard Conditions, 2) All debris, building and landscape, within the buffer zone, must be removed properly and legally prior to excavation or construction, 3) Any blasting must conform to City specifications, 4) No blasted material stored within 50 feet nfwetlands, 5) Any excavation of site shall be removed daily and not stored in roadway, 6) No censtruetion equipment shall be stored on Holding SWeet, 7) Conservation Commission agent or member shall be on site Conservation Commission Meeting Minutes December 1, 1998 Page 6 at time of excavation. If material is questionable, then all work shall cease and testing done. Must be approved by Conservation Commission. Seconded by Dr. Johnson, Jay Donnelly abstains. Motion passes 4-2-1. Certificates of Compliance 95 Grover Street, DEP #5-511.99 G-rover Street. DEP 5-512~ 103 Grover Street, DEP #5~ 513 Ms. Hurlbun states she was at the site, and that it looks very stable and well established. Mr. Benevento states that his only concern is that the final plan is a little different than the plan on file. After review of the plans by the members of the Commission, Tony Paluzzi makes a motion to approve as-built plan with the original proposed plan to be kept on file for comparison and noted on the Certificate of Compliance. Seconded by Dr. Johnson, Jay Donnelly abstains. Motion carries 6-0-1. Chapel Hill Road/Lot 4 (DEP #5-518) - Tom Barrowclough Ms. Hurlbun indicates that the grass is well established but there is some concern about runoffto the abutters' property. (Members review plans). Paul Centro ofPeterson & Associates, Attorney for the Solomons who is an abutter, indicates that the Solomons have lived there for 20 years and that now they sometimes have four inches of standing water in their backyard. He indicates that drainage needs to be addressed. John Eaton, another abutter, states that what was dry before is wet now, since the grading has been changed. Ms. Huffbun suggests that this matter be put on the docket for the December 22, 1998 meeting so that a site inspection can be done. Mr. palnzTi makes motion to continue discussion until the next meeting pending a site visit to take place at 8:30 A.M. on Saturday, December 5, 1998. All members in favor, motion carries. 60 Middlebury Lane (DEP 5-184) Attorney Anna Green Conservation Commission Meeting Minutes December 1, 1998 Page 7 Anna Green shows pictures of the constructed home and existing conditions which are reviewed by Commission members. Mr. Paluzzi makes a motion to grant a Certificate of Compliance, seconded by Mr. Benevento, motion passes unanimously. 10 Fosters Point - Scott Thompson Ms. Hudburt indicates that plans were received for a Certificate of Compliance and modifications were made as requested. Ms. Hurlhurt states that she has not yet visited the site but will do so tomorrow. Chairman Lang states that the Commission can vote on this pending Ms. Hurlburt's site inspection. Mr. Paluzzi makes a motion to issue a Certificate of Compliance based on Ms. Hudburt's recommendations, seconded by Mr. Benevento, all members in favor - motion passes. Approval of Minutes Mr. Paluzzi makes a motion to approve the minutes of the September 29, 1998 meeting, the October 20, 1998 meeting,, the October 27, 1998 meeting, and the November 10, 1998 meeting with amendments. Seconded by Dr. Johnson. Mr. Donnelly agrees, but abstains for the November 10, 1998 meeting because he was not present. Mr. Benevento abstains from the September 29, October 20, and October 27, 1998 meetings because he was not present. All other members in agreement, motion carries. Adjournment Mr. Paluzzi makes a motion to adjourn, seconded by Mr. Donnelly. All members in favor, motion carries. Meeting adjoumed 8:45 P.M.