2000-10-30
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: October 30, 2000
BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson,
Richard Benevento
BOARD MEMBERS ABSENT: Jon Mazuy, Pat Grimes, Jay Donnelly
OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director
RECORDER: Jeannine Dion
Chairman Lang calls the meeting to order at 7:00 p.m.
Request for Determination of Applicability
91 Grover Street - retaining wall construction - William Botte, Jr.
Lang states he has no objections to the proposed project, however he would like the applicant to
stake out the area. He states he would approve on the condition that trees on the south end of the
property line be saved.
Benevento moves to issue a Negative #3 Determination of Applicability with the conditions that
the area be staked out and not encroached beyond it, that the fill not exceed the length of the 5
foot rock on the north side, and that the trees on the south end of the property be maintained,
seconded by Paluzzi. All members in favor. Motion carries.
236 East Lothrop Street - home addition - Donald Moca
The applicant states he is proposing a 150 square foot addition to an existing dwelling. He
intends to use a silt fence and haybales.
Paluzzi asks when the applicant intends to commence work. He responds that he is not sure.
Benevento moves to issue a Negative #3 Determination of Applicability with the condition that
the applicant install a silt fence around the perimeter of the wet area, and the excavated soils kept
away from the resource area and as far away from the buffer zone as possible, seconded by
Paluzzi. All members in favor. Motion carries.
Paluzzi moves to recess for Public Hearing, seconded by Dr. Johnson. All members in favor.
Motion carries.
Conservation Commission Meeting Minutes
October 30, 2000
Page 2
Abbreviated Notice of Resource Area Delineation
254 Essex Street - Delineation - Beverly YMCA
Mike DeRosa appears on behalf of the applicant.
Lang states the Commission members visited the site. There was discussion on three of the flags
on the north side. DeRosa responds that one was a drafting error. DeRosa states that he will be
adding wetland flags pursuant to the Commission’s request.
Lang asks if there are questions from the public. There are none.
Paluzzi moves to close the hearing, seconded by Dr. Johnson. All members in favor. Motion
carries.
Notice of Intent
Brookwood Road - pond restoration - Brookwood School
Mike DeRosa appears on behalf of the applicant and introduces Rick Chute, the Facilities
Manager at the Brookwood School. He states he has been retained by the Brookwood School to
prepare a Notice of Intent for the restoration of an existing pond. Thomas Neve and Associates
prepared the plans. He states the pond was created about 30 years ago. It is approximately 3-4
feet deep. There has been no maintenance on the pond over the years and it has silted up. There
are about 6 inches of pure water on the pond. The new project will create 11,000 square feet of
new planting shelves around the pond. A detailed planting plan will be provided to the
Commission.
DeRosa identifies resource areas. He states the applicant is exempt from Army Corps. and only
needs to deal with the state.
DeRosa states he has spoken with Brad Chase from the Division of Marine Fisheries regarding the
smelts. He learned that the smelts will not use the pond. They will use Chubb Creek because
they like gravel river course. Chase suggested the applicant clean out the dead debris in Chubb
Creek that creates backwater which will open up the area and create some more flow through and
open up some good habitat.
DeRosa states he is proposing to help the drainage of the pond in two ways:
1. During the spring, after the winter snow melts, the school gets pretty significant flooding. He
is proposing to put in another 12-inch culvert, which will create more flow through, alleviate a
flooding issue and get more water into the pond.
Conservation Commission Meeting Minutes
October 30, 2000
Page 3
2. Improve the outlet structure by putting in a spillway. It will get more water in the stream and
create a better habitat for the smelt.
DeRosa reviewed the planting plans. The planting will be maintained for 2-3 years after it has
been planted to be sure no invasive plants take over.
DeRosa reviewed the construction plan.
Benevento asks if the applicant has met with Manchester Conservation Commission. DeRosa
responds that he has not because the project is entirely in Beverly.
Lang asks if there are questions from members of the public.
Joan Murphy of 36 Longmeadow Road asks if adding the pipe and increasing the volume of water
to the area, would exacerbate a flooding problem in the area. DeRosa responds that the contours
will be changing slightly and a swale will be created which would direct the water through the
cattails and the pond itself. He adds that the pond will have more storage.
Benevento states it is not a question of volume – it is a question of rate. He states the burden of
proof is on the applicant and people in the area need to be assured that they will not be flooded
out.
Lang asks DeRosa to prepare calculations. DeRosa asks if he can do the “quick rational method.”
Lang responds that would be fine.
Hurlburt asks how you separate organics from clay. DeRosa responds that organics sit right on
top of the clay. You use a bulldozer to scrape it down to the clay (approximately 1 - 1 ½ feet).
Hurlburt asks what time of the year the scraping takes place. DeRosa responds that the applicant
talked about doing it during the winter because it is outside the growing season, the water flow
can be controlled and diverted and seeding/planting can take place in the spring.
Lang recommends scheduling a site visit. A site visit is scheduled to take place on Saturday,
November 18, 2000 at 8:30 a.m.
Benevento makes a motion to continue the hearing to November 27, 2000 pending a site walk on
November 18, 2000 at 8:30 a.m., seconded by Paluzzi. All members in favor. Motion carries.
277R Hale Street - expansion of home, retaining wall, landscaping - George & Elizabeth
Fisher
Conservation Commission Meeting Minutes
October 30, 2000
Page 4
Bob Griffin from Griffin Engineering appears on behalf of the applicants. He states the existing
parcel is located on the south side of Hale Street. The wetlands close to the Fisher property is
primarily a fresh water wetlands but as you get past the channel, it becomes more of a salt-water
characteristic on the east side of the channel. The wetland line is delineated just beyond the
bottom of the slope. There will be no disturbance of the wetlands. The applicant is proposing an
expansion on the west side – attached garage, expansion of the driveway, landscaping and
retaining wall.
A site visit is scheduled to take place on November 18, 2000 at 9:30 a.m.
Paluzzi moves to continue the hearing to November 27, 2000 pending a site visit on November
18, 2000 at 9:30 a.m., seconded by Dr. Johnson. All members in favor. Motion carries.
11 Shannon Lane - inground swimming pool - Michael Bushey
Steve Zagorski from Gunite Pools appears on behalf of the applicant. The applicant is proposing
installation of an inground pool (18 x 30 foot) on an existing lawn approximately 80 feet from the
wetlands. He states he intends to use hay bales and a silt fence and will not stockpile anything on
the site. What comes out of the pool area will be trucked off site.
Lang asks how many trees will be removed. Zworski responds three small maple trees will need
to come down.
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Lang recommends scheduling a site visit on November 18 and putting this on the November 27,
2000 agenda.
Paluzzi moves to continue the hearing until November 27, 2000 pending a site visit on November
18, 2000 at 10:00 a.m. seconded by Johnson. All members in favor. Motion carries.
275 Hale Street - inground swimming pool, retaining wall, landscaping - Silsby
Angela Silsby, landscape designer appears on behalf of the applicant, Mr. Douglas. She states the
applicant is proposing construction of an in-ground pool in the buffer zone. A botanist has visited
the site and designated the coastal bank.
Lang asks how far the pool would be from the sensitive area. Silsby responds approximately 35
to 40 feet.
Lang recommends visiting the site on November 18, 2000.
Silsby asks if the Conservation Commission finds a boardwalk desirable. Lang responds that there
are probably mixed views regarding boardwalks. It could be rational for the area, to keep people
walking in one area.
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October 30, 2000
Page 5
Dr. Johnson asks how many people walking to the ocean. Douglas responds approximately 100
people over the course of the summer months.
Benevento states that often times the reason boardwalks are constructed is to keep salt grass and
other vegetation from getting damaged.
Benevento moves to continue the hearing to November 27, 2000 pending a site visit on
November 18, 2000, seconded by Paluzzi. All members in favor. Motion carries.
Old/New Business
130 Lothrop Street
Hurlburt states that the Conservation Commission hand delivered a letter to the DeCosters
requesting they file a Request For Determination. She received a telephone call from the
DeCoster’s attorney stating they could not file in time, however, she would attend the next
meeting to clarify the issues.
Attorney Jill Mann appears on behalf of the DeCosters. She states there has been an allegation
that the DeCosters are not in compliance with Chapter 131 Section 40 due to replacement of an
existing fence. She states the applicant replaced an existing fence along the boundary line with no
change in any elevations. Four bushes were planted against the deck. She states the home
adjacent to the DeCoster’s has a very large dog and the fence is essential. A Certificate of
Compliance was issued by DEP in December of 1992 which included the house and fence. Ms.
Mann provides pictures of the property to Commission members.
Hurlburt reads from a DEP letter dated July 20, 1993. She states the Commission has asked the
applicant to file a Determination and that is what the issue is.
Hurlburt states the DEP has defined the property as jurisdictional land and any work would
require a permit. Ms. Mann responds that she does not think it is necessary to do so.
Lang states he is not certain that there is any difference in overall hydrology by changing the
fence, but does request the applicant file a Request for Determination. After seeing the property,
he does not think the fence is a big issue. The biggest issue is the wall – it is higher than
everything else. He states that there are many drainage issues with this property.
Tony Musanti, an abutter, states she has a history of the project since 1991. She is concerned
about the pumping. She states she has spoken with the City Solicitor about the area and he is
looking into it. She thinks this is about storm storage.
Lang states the problem is that there is no outlet for the water to go. He recommends that the
Conservation Commission send a letter to the Department of Public Works. There are sanitary
issues that should be fixed.
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October 30, 2000
Page 6
Benevento questions if this is a DPW issue or did people build their houses in the wrong place?
Musanti states the City Council voted to fix the problem and nothing has been done.
Hurlburt states that Michael Collins is the new DPW Director and recommends contacting him.
She reiterated that the DeCosters should know this is a jurisdictional area.
Attorney Mann states she will file a Request for Determination.
Paluzzi moves to send a letter to the DPW Director outlining the historical problem, requesting
evaluation of the area and taking whatever means necessary to correct the flooding problem,
seconded by Benevento. All members in favor. Motion carries.
Review and acceptance of Homeowner’s Association & Maintenance Schedule for Meeting
Place Circle
Hurlburt states one of the conditions of Meeting Place Circle’s Order of Conditions was to
require the developer to submit a storm water management maintenance plan. Hurlburt states the
developer has provided a copy of the Homeowner’s Association Agreement for the storm water
management system.
Lang states he will approve the Homeowner’s Association Agreement on the condition that the
City Solicitor reviews it.
Hurlburt gives a historical prospective regarding this Agreement and states that DEP said it
wanted a letter from the city stating that it would be responsible for maintaining the system. The
city responded that it would not take the liability. DEP said the only way it would accept it was
to put together a Homeowner’s Association Agreement.
Benevento states he believes the responsibility would rest on where the device is located,
regardless of the formation of a Homeowner’s Association. He states a Homeowner’s
Association is floating around in space. He asks who you contact in the event of a problem?
Dr. Johnson states it would be reasonable for the Commission to approve it contingent upon City
Solicitor’s review and approval.
Paluzzi moves to accept the Homeowner’s Maintenance Plan contingent upon City Solicitor’s
approval, seconded by Dr. Johnson. All members in favor. Motion carries.
Emergency Certification ratification - City of Beverly-Chubbs Brook
Conservation Commission Meeting Minutes
October 30, 2000
Page 7
Hurlburt states on October 17, 2000 there was a request from DPW Director, Michael Collins, to
repair a 12-inch water main on West Street. She reads a letter from Collins into record.
Conservation Commission Chairman, David Lang gave his approval of Emergency Certification.
Benevento moves to ratify the Emergency Certification for work conducted on West Street,
seconded by Paluzzi. All members in favor. Motion carries.
Documentation for Maritimes & Northeast pipelines
Hurlburt states the Commission has received documentation from Maritimes & Northeast
Pipelines and Algonquin Gas Transmission Company regarding a proposed pipeline that is to go
through several communities. The Commission has the ability to intervene.
Benevento moves to intervene on the Maritimes & Northeast Pipelines and Algonquin Gas
Transmission Company proposed pipeline, seconded by Paluzzi. All members in favor. Motion
carries.
Brookwood School - Planting Schedule
Hurlburt states the applicant sent a letter requesting to plant indigenous species in the spring. She
reads the letter into record.
Paluzzi moves to allow the applicant to plant the indigenous species in the spring, seconded by
Benevento. All members in favor. Motion carries.
Other
Hurlburt states the Conservation Commission was sent a copy of a letter from the residents of
Lexington Drive to the Commissioner of Public Works. She reads the letter into record. The
residents express concern about a brook (flooding, pollution, etc.) and recommend a solution of
installing a pipe. Hurlburt states it is not general policy to pipe brooks and asks how the
Commission would like to proceed.
Benevento states the residents have the right to file a Notice of Intent.
Lang states if there are chemical odors, etc., piping the brook will not solve the problem.
Benevento states if there are concerns regarding chemical odors, this is a Board of Health issue.
The Commission agrees to schedule a site visit on November 18, 2000 at 10:30 a.m.
Hurlburt states she will contact the residents who sent the letter and inform them that they may
file a Notice of Intent and invite them to the site visit.
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October 30, 2000
Page 8
Salem City Council Request
Hurlburt states the Salem City Council requested copies of all Beverly Conservation Commission
agendas. They want to see what is happening around the Salem Beverly water supply.
Technical Assistance Grants from DEP
Lang offers to research this further .
Hawk Hill Estates - Appeal
Hurlburt states residents and abutters have appealed the Hawk Hill Estates decision.
Benevento expresses disappointment and frustration because there were some good conditions.
Now they are going to cut every tree down and make a mess and the Commission will not be able
to do one thing about it.
Lang states the applicant originally stated he could not meet the Commission’s conditions. He
discussed making some changes and requested to be on tonight’s agenda. After finding out about
the appeal, he said he too would appeal the Order of Conditions.
5 Nicole Avenue
Hurlburt states the Commission received a letter regarding 5 Nicole Avenue from Tom Carnevale.
She reads the letter into record. Carnevale states that he sold a lot and the new owner of the lot
has changed the grade of the lot, which has affected his property.
The Commission agrees to visit the site on November 18, 2000.
Norwood Pond Dam
The Commission reviewed pictures of the Norwood Pond Dam.
Kampersal continues to express concern about safety. Lang responds that the dam looks very
stable. He adds that this is not the jurisdiction of the Conservation Commission.
Kampersal expresses concern about an orange stream from leache. Lang responds that he has
visited the dam and has not observed any leache, however he will revisit the dam.
Approval of Minutes
Benevento moves to approve the minutes dated October 10, 2000, seconded by Paluzzi. All
members in favor. Motion carries.
Conservation Commission Meeting Minutes
October 30, 2000
Page 9
Benevento moves to adjourn, seconded by Paluzzi. All members in favor. Motion carries.
The meeting adjourns at 10:15 p.m.