2000-01-04City of Beverly, Massachusetts
Public Meeting Minutes
BOARD:
SUBCOMMITTEE:
DATE:
PLACE:
BOARD MEMBERS PRESENT:
OTHERS PRESENT:
ABSENT:
RECORDER:
Conservation Commission
January 4, 2000
Beverly City Hall
Chairman David Lang, Dr. Mayo Johnson, Jay
Donnelly, Pat Grimes, Richard Benevento (9:50
p.m.)
Assistant City Planner Debbie Hurlburt, City
Engineer Frank Killilea
Vice-Chairman Anthony Paluz~i, Jon Mazuy
Jeannine Dion
Chairman David Lang called the meeting to order at 7:00 p.m.
Reouest for Determination of Annlieability
23 Linden Avenue - room addition/Henry & Lou Viei
Mr. Lee Stephens of American Profiles, representing the Viels introduces himself to the
Commission. He stated he is proposing to construct a 10' x 14' addition within the buffer
zone to the Bass River.
Hurlbun stated she visited the site and thought the work appeared to be minor. Hurlburr
presented pictures of the site for members to review.
Lang asked how far the river is from the retaining wall. Stephens responded it is at least
50 feet from the retaining wall.
Donnelly asked if there is a septic system. Stephens responded that he believed it was on
city sewer.
Grimes asked what the applicant intends to do with excavated material. Stephens
responded that 85% would be used for backfill and the rest will be removed.
Dr. Johnson stated he visited the site and believed it is a very minor project.
Lang asked if there were any questions from the public. There were none.
Grimes moved to issue a Negative Determination of Applicability #3, seconded by Dr.
Johnson. All members in favor. Motion carried.
Conservation Commission Minutes
January 4, 2000
Page 2
Grimes moved to recess for public hearing, seconded by Dr. Johnson. All members in
favor. Motion carried.
Cont.: 9 Curtis Point Road - rid rap sloOe installation/Charles Jerabek
Bill Manuell, Senior Wetland Scientist ~'om Hancock Environmental Consultants
appeared before the board on behalf of the applicant, Charles Jerabek. Manuell stated
that he revised the plans as a result of the December 12, 1999 site visit with Commission
members and Rebecca Haney.
Manuell stated the chan4~es on the plan are fairly minor. There is an area with a grassy
slope with rough stone stairs irabedded into the slope. Manuell stated that they discussed
a "sot~" solution to stabilize the slope. He is proposing to eliminate the rip rap slope
treatment that had been proposed but rather adding some topsoil in the area, creating a 2-
1 slope, making it slightly less steep than the current condition and incorporate the rebuilt
stairs and set the steps back into the slope. Manuell stated he is also proposing expanding
the planting to encourage people to use the stone pathway, rather than walking over the
grass slope.
Manuell stated the site visit went as he expected. He stated he has worked with Rebecca
Haney over the years and her personal slant is to try to stabilize every slope with a "soW'
solution (vegetation, bioengineering, etc.). Manuell stated the slope on the area to be
stabilized is extremely steep, almost vertical in some places, and discussed at the site that
the use of grading, trying to put plantings on the slope would not even be considered
because the Commission typically likes to see slopes of 3 to 1 or flatter to effect some
type of slope stabilization. Manuell stated they discussed site constraints with Rebecca
Haney. She recognized them.
Manuell stated he has seen the letter ~'om Rebecca Haney and he does not agree with all
of her positions. He does not agree that this is a sediment contributor. Manuell stated
Haney is of the position that whether it is a tablespoon of soil or a truckload of soil, if it
washes into the ocean it must be considered as a sediment contributor. Manuell stated the
preamble to the coastal bank regulations creates subtle differences that allows to
differentiate between when a coastal hank is a vertical barrier to storm damage (as he
believes this one is) and a bank that contributes sediment (that you see more on Cape
Cod, rather than on the north shore). Manuell stated this bank was of bedrock feature that
rose up to elevation 20 and normal wave action was at the base of the rock cliff. Manuell
proceeded to read ~rom the Preamble to the coastal bank regulations.
Manuell stated Ms. Haney did not have a solution for the radical slope. She did,
however, suggest to recreate the upland areas to discourage water from coming over the
slope and causing runoffby upland erosion.
Conservation Commission Minutes
January 4, 2000
Page 3
Manuell stated he is trying to incorporate some of Haney's suggestions into this
particular site and its constraints. He states the plans before the Commission removes a
significant portion of what was proposed earlier with stone stabilization. Manuell stated
this solution keeps in line with the reguhtions of what is permitted. Manuell stated he
firmly believes the bank is a vertical barrier slope and not so much a sediment supplier.
Lang asked for clarification of Manuell's position regarding wave action. Manuell
responded that his position is that typical day to day activity is what characterizes this
bank.
Donnelly stated this design is most likely to save the trees.
Lang asked Hurlbutt if she has spoken with Rebecca Haney. Hurlburt responded that she
was at the site visit and Haney faxed her recommendations. She has not spoken with
Haney since the site visit.
Grimes stated Manuell contends there is no significant sodimentation and Haney points
out that the regulations really don't specify that sodimentation has to be significant.
Manuell responded that he does not disagree that there is some sedimentation but this is a
coastal ledge that is solid bedrock being exposed to the wave action.
Grimes stated Haney suggested that the applicant restore natural vegetation at the top of
the coastal bank. Grimes asked if this is being proposed. Manuell responded that he is
not proposing that and he is not sure what the relevance of the suggestion is. Grimes
stated that she believes it is to prevent runoff. Manuell stated Haney discussed some of
that at the site visit and his response was there is well established lawn cover stabilizing
the lip of that slope and if the grass is removed to plant rosarogusa, instead of having
perhaps 100 stems in a small area, you have one stem. Manuell stated that would not
prevent runoff.
Donnelly stated he sees contradictions in Rebecca Haney's letter.
Manuell stated "there is more than one way to skin a cat" and his way is a compromise
between the two extremes.
Grimes asked ifManuell incorporated any of Haney's recommendations. Manuell
responded that he has. Manuell stated he is proposing to eliminate all the slope treatment
in an area, make the slope a little flatter and draw it out a little more.
Lang asked ifa biodegradable erosion control blanket has any merit. Manuell stated he
thinks Haney recommends using that after the slope has been modified. Manuell
responded that he would stabilize an area after it is loomed, seeded, and mulched. Lang
asked John Dick (Hancock Environmental) what was used at Endicott College. Dick
Conservation Commission Minutes
January 4, 2000
Page 4
responded that jute matting was used on the slope. It is temporary stabilizing influence
and works well.
Hurlburr stated that she believed Haney thought the area the applicant is proposing to
change is the only area that is stable. Hurlburt stated she was not sure ifHaney would
agree with putting the riprap out there and extending it further. Manuell stated it is soil,
not rip rap.
Lang asked if Haney wanted to leave that area alone. Hurlburr believes that she does
want that area untouched. Manuell stated Haney kept saying to make the grade flatter.
Lang stated that by making it flatter, you are adding more potential sediments. Manuell
agreed. Hurlburt stated that the area that should be made flatter is the area that is
proposed to have rip rap.
Dr. Johnson stated he had a problem with some of the points Manuell was asserting,
particularly the assertion that the slope is not normally subject to wave action. If it is not,
a soft solution is perfectly fine. Dr. Johnson states the only reason you would need stones
there is when the waves are breaking there. He states that Manuell asserts the waves are
way below and this isn't affected by waves and on the other hand he says stone are
needed. Manuell responded the reason he is proposing stone is because he can do a
steeper slope. He is constrained by the bedrock table and with stone he can do a 1 to 1
slope and preserve the trees and the original lip of the lawn and work down from there.
Manuell stated he can not get soil to stay because it is too steep.
Lang asked if there were any questions from the public.
Charles Jerabek, the applicant stated he is trying to protect what is there. He would like
to retain the trees. The area with the steepest bank is in the process of falling down.
Jerabek stated what he is trying to do is not use any artificial materials, protect the land
the way it is, protect his investment and keep it looking natural. Jerabek stated he
believed the area is so high that it could not contribute sediment.
Lang asked if the house next door with the riprap has pushed the water toward Jerabek's
property. Jerabek stated he could not tell. He has owned the property for two and a half
years, and the neighhnr's riprap was put in twenty or so years ago. Jerabek contends the
neighbor who put the wall in is in favor of him doing this work. She believes it will help
protect her property.
Lang stated he thought the applicant had a very good argument. He stated he wouM like
to speak with Rebecca Haney again and schedule another site visit.
Jerabek asked if a decision on this matter could be rendered within the next few momhs.
Lang responded that he did not see this continuing more than one more meeting.
Conservation Commission Minutes
January 4, 2000
Page 5
Grimes agreed with Lang's recommendation to speak with Haney and revisit the site.
Manuell stated that he believed the plan is a good compromise.
A site visit was scheduled on Saturday, January 22, 2000 at 8:30 a.m.
Grimes moved to continue the public hearing to February 1, 2000 pending the site visit
on January 22, 2000, seconded by Dr. Johnson. Donnelly opposed.
The motion does not carry therefore the commission tables the discussion until another
member arrives.
New: Dix Park, Oak & E. Lothrop St., Brimbal Ave. & Palmer Rd. - catch basins
installation, drainaide channel & I~il~e construction/City of Beverly
Frank Killilea, City Engineer stated the proposed projects would make immediate
drainage improvements with a minimum effort. Killilea introduced Virginia Roche,
Senior Project Manager for Camp, Dresser & McKee to present the project.
Roehe stated the project is relatively small scale drainage improvements that consist of
catch basins and some drainage pipes and drainage channels that are designed to localize
flooding problems. Two of the projects are in the Chubbs Brook area and two are in
Lawrence Street Brook area. The Chubbs Brook pmjects consist of detention basins in
the upstream region and some relatively short lengths of pipe and localized catch basins
and drainage when you get to the bottom of the system in the Hale Street/West Beach
area. The Lawrence Street Brook projects consist of Paimer Road area and going down
using Kelliher's Pond for stormwater retention by lowering the outlet (not part of what is
being presented tonight) and large diameter pipes going down East Lothrop Street,
Lawrence Street and Orchard Street and over to the bay.
Chubbs Brook Projects
Dix Park
Dix Park is currently used as a stormwater retention area. There is a flooding problem in
the park and you can't use the ball field. The city is proposing to put six new catch
basins in the park ball field area. Roehe stated manhole covers will be lowered and part
of a 36-inch diameter pipe will be replaced.
Roche stated they will be working with Connolly Brothers, who has had flooding in the
past.
Donnelly asked how this will affect water downstrearrk Roche responded this is designed
for "after the storm". She described the catch basins as acting like bathtub drains. The
affect downstream will be measurable.
Conservation Commission Minutes
January 4, 2000
Page 6
Oak & East Lothrop Street
Roche stated that there were complaints at public hearing about flooding. She stated the
plan is to put catch basins at the intersection and hooking them into the existing culvert
that crosses the road to reduce the flooding and catch it before it goes around the corner
to Chubbs Brook Lane. Roche stated the city is planning to seal up a damaged manhole
on the inside and outside.. The impact to Chubbs Brook will be minimal and there will be
no heavy equipment involved. Roche stated these projects are intended to be very
localized drainage fixes.
Lawrence Street Brook Projects
Brimbal Avenue/Palmer Road
Roche stated that severe flooding has been experienced partly because of flow that comes
down from the hospital area at the top of the hill. The water comes down an existing
channel and then goes into an 8-inch pipe into the existing drainage into Palmer Road,
then it goes down Brimbal Avenue into a culvert that goes across and into an existing
channel. This is one of the major reasons they have flooding in this area. Roehe stated
the city is planning to pick up the brook and build a new channel that intercepts the flow
and carries it across behind the homes and then the flow will be piped down to the
recently constructed system on Brimbal Avenue. Roche stated they will keep out of the
wetlands at the downstream end.
Doanelly asked what the affect will be downstream if the plan is to lower the outlet.
Roehe responded that the outlet of Kelliher's Pond will be lowered a foot which will
leave space so that when a storm comes along, thero is additional storage. Roehe stated
the Hannah School has been doing improvements and there are plans to clean the
channel. Donnelly asked if hydraulic calculations have been done. Roehe responded that
the entire system has been modeled.
Killilea stated he will be before the Conservation Commission in the next couple of
months with the Lawrence Street Brook construction project, which will provide major
downstream improvements.
Donnelly stated that abutters of Kelliher's Pond are concerned about flooding. Roche
stated the intention is to get the water out of the neighborhood and into the wetland area.
Donnelly stated this project looks good, however he would like to see hydraulic plan.
Roche responded that she could come up with a hydraulic plan.
Killilea stated that Kelliher's Pond has special regulations and he is trying to get it
permitted, which cannot get done in time to get it into this contract. Roche stated the
plan is to lower the elevation of the water at Kelliher's Pond, which will make it
shallower. She is also recommending dredging the pond in some areas, which will
Conservation Commission Minutes
January 4, 2000
Page 7
require permitting. Roche stated sampling was just completed. She stated this project
would take care of a lot of people in these neighborhoods. The impact on the
neighborhood is much greater than the impact on the Hannah School right now.
Lang asked if anyone from the public was from the Palmer Road areo. Walter Morris, 3
Palmer Road stated he has been living at the location for 40 years. Morris stated most of
the water that comes down the road now seems to come from the area by the hospital.
Pipes were repaired last year, which helped the situation a little, but has not solved the
problem. Morris stated that when there is a severe rainstorm, the pipes are not able to
handle the water.
Lang asked Killilea if anyone has met with Beverly Hospital and asked what they can do
about the drainage problem. Killilea stated he met with representatives from Beverly
Hospital and asked them for their permission to let the city go there and construct a
channel and they agreed to constract the channel. Beverly Hospital representatives stated
tbat the pond has never overflowed.
East Lothron Street
Roche stated there is a great deal of flooding in front of the Temple and there are no catch
basins so the plan is to put a back-up drain in and more catch b~sins that will go into the
existing 42 inch concrete drain pipe. The long-range plan is to relieve that pipe with an
additional 48 inch pipe, but in the short-term the plan is to put in the catch basins, hook
them into the 42 inch pipe and at least allow the flooding to go down faster by putting in
more drains. Roche stated the short-term plan is to help the water problem now.
Killilea stated if you add more catch basins, you can realize more significant drainage
improvements with relatively short expenditure of effort.
Lang asked if there were any questions from the public.
Steve Connolly stated he wanted to go on the record as having some questions regarding
some of the approaches being proposed at the playground area. He stated he is in the
midst of discussing those concems with the City Engineer and he hopes to resolve the
concerns to his satisfaction.
A member of the public from Lothrop Street stated this project is a good start and she is
very excited about this.
Dave Epstein stated the problem is severe and he hopes this is the right solution to the
problem. He has been at this location for 15 years and he and his neighbors have lost
everything in their basements. Epstein stated he hopes this is only one step of many to
resolve the water problems in the area.
Roche stated these are local fixes that can help reduce flooding.
Conservation Commission Minutes
January 4, 2000
Page 8
Grimes moved to close the public hearing, seconded by Dr. Johnson. Donnelly opposed.
There was no quorum. Lang stated the issue will have to be tabled.
Donnelly suggested making a motion to continue to the next meeting and schedule a site
wall. Lang responded that he has been in the area many times and he thinks the
neighbors need relief. Donnelly stated he would like to review drainage calculations.
Lang responded that this is the first step of a multi-step process.
Donnelly questioned if there is a change in volume at Kelliher's Pond. Roche responded
that the volume is the same. The project is not changing where the water goes and not
changing impervious areas.
Grimes asked if the wetland can handle the water. Roche responded that indeed it can
because it is like a 'sponge'.
Donnelly stated he would like to see quantitative analysis.
Donnelly moved to close the hearing providing a quantitative analysis be submitted to the
Commission that shows no impact downstream, seconded by Dr. Johnson. All members
in favor. Motion carried.
Cont: LP Henderson Road - storaee facilitV/T. Ford ComDanV
Attorney Thomas Alexander appeared on behalf of Tom Ford requesting the public
hearing not be opened at this time. Alexander requests scheduling a site visit and
presentation at the next scheduled meeting.
A site visit was scheduled on January 22, 2000 at 9:30 a.m.
Lang stated he recused himself liom this matter and currently there is no quorum to
discuss this matter.
This item was tabled until another member joined the meeting.
New: 19 BaW iew Avenue - coastal bank ramp & stair construction/Cathcart
Bob Boume, tiom Bourne Consulting appeared on behalf of the applicant, Edgar
Cathcart. Mr. Boume stated he is seeking permission to create a wallway ramp to Rice
Beach. The applicant is not able to maneuver the ledge and would like to access the
beach to take his daily walks. Bourne stated other alternatives were considered. The
applicant is trying to keep a minimalist approach. The m~aterials would be moved by
hand and there will be no heavy equipment. Bourne stated he is also proposing a
removable hand rest.
Conservation Commission Minutes
January 4, 2000
Page 9
Lang asked if there are any questions from the Commission.
Dr. Johnson recommended scheduling a site visit.
A site visit is scheduled on January 22, 2000 at 10:30 a.m.
Dr. Johnson moved to continue the hearing to the next scheduled meeting, seconded by
Grimes. All members in favor. Motion carried.
New: McPherson Drive - wharf removal/Bass Haven Yacht Club
Attorney Scott Houseman appeared on behalf of the applicant. Houseman stated the
applicant is seeking approval to remove an old wharf(approximately 100 years old),
which is in fairly dilapidated condition. There is no intent to replace the wharf. A barge
will come up the Bass River, set itself, shake the piles and take them out. Houseman
stated there should only be a very temporary impact to the resource area.
Lang asked if there were any questions from Commission members.
Donnelly asked if there will be any changes to the riverbank. Houseman responded that
there will be no changes. Donnelly asked what will happen to the bulkhead. Hausman
responded that there are no intended changes to the bulkhead.
Houseman stated the applicant would like to commence work in January, if possible.
Lang asked if there were any questions from the public. There were none.
Grimes moved to close the public hearing, seconded by Dr. Johnson. All members in
favor. Motion carried.
10 Curtis Point Road - coastal bank landscape/Kerry Murphy Healv
John Dick from Hancock Environmental appeared on behalf of the applicant. Dick stated
this project is substantially different from most of other projects he has brought before the
Commission. In this instance there is coastal ledge all the way up to the limit of the V
zone. About the V zone the ledge continues underneath the large boulders. At about
elevation 18 there is about a two-foot layer of glacial till lying on the top. Dick stated the
lawn and landscaping that exists on the property is developed in that layer of glacial till.
There are several areas on the site where erosion has taken away some of the edge of the
lawn. Several trees are being threatened. Dick stated he is proposing to replace eroded
material with the same kind of material (stones, grit and gravel). The applicant wants to
plant that stone, grit and gravel in a manner consistent with coastal bank standard.
Conservation Commission Minutes
January 4, 2000
Page 10
Lang asked if there were any questions from Commission members.
Grimes asked if the applicant is planning to add more boulders. Dick responded that
more boulders will be added because the existing sea wall is disintegrating. The work
can be accomplished from the beach or above by placement of stone with a small
backhoe. Dick stated the wall is not touched by either tide.
A site visit was scheduled on January 22, 2000 at 8:00 a.m.
Grimes moved to continue the public hearing to the next meeting on February 1, 2000,
pending the site visit on January 22, 2000, seconded by Dr. Johnson. All members in
favor. Motion carried.
New: 35 Standley Street - building & utility construction/Waring School
John Scott from Rist-Frost Shumway appeared on behalf of the applicant, the Waring
School. Also in attendance was Peter Smick, headmaster of the school.
Scott stated the school is planning to build a new academic structure called the
Forum Building which wilt be located on a rocky knoll on the east side of the campus.
The building is not within a buffer zone however utility and drainage structures will be
within the buffer zone. Scott stated the applicant would like to bring a gas main in.
Access drive improvements are within the 100-foot buffer zone. Drainage calculations
have been submitted and they meet all storm water regulations.
Lang asked if there are any questions from members of the Commission.
Donnelly asked how extensive the tree removal will be. Scott responded that there will
be a relatively small amount of tree removal. The school is environmentally conscious
and emphasized minimal impacts on the environment.
Lang asked Scott to mark trees, which are planned to be taken down and are not in the
footprint.
Lang asked if there will be any demolition. Scott responded there are two small sheds,
which will be demolished.
Lang asked if there were any questions from the public.
Renee Mary, 274 Hale Street asked where the storm water goes. Scott responded that it
will go down towards the lower part of the campus.
Bill Kelley, 220 Common Lane asked if any further mailings to abutters be mailed to him
at P.O. Box 718. Kelley stated he has no problems with the school and that it is a good
Conservation Commission Minutes
January 4, 2000
Page 11
neighbor. Kelley stated he would like to be assured that there is no other plan for
additional road or access. Kelley stated he does have a concern about the brook, which
floods periodically.
Kelley asked if the school is considering increasing enrollment. Peter Smick, headmaster
of the school, responded that the school' s plan is to continue its philosophy of celebrating
the virtue of smallness. The building is designed mainly to meet program needs that the
current facilities can not meet, particularly in the area of science. The school does not
anticipate growing the school aggressively.
A site visit was scheduled on January 22, 2000 at 11:00 a.m.
Grimes moved to continue the public bearing until the next meeting on February 1, 2000,
pending the site visit on January 22, 2000, seconded by Dr. Johnson. All members in
favor. Motion carried.
New: Sam Fonzo Drive, Lot 13C - building construction & associated
activities/Liberty Publishing, Inc.
Chris Sparages from Hayes Engineering appeared on behalf of the applicant, Liberty
Publishing, Inc. to seek permission to construct a 14,750 square foot building, which will
be used for light manufacturing use, specifically publishing. Liberty Publishing, Inc. is
relocating from Danvers. This is the second build out on Sam Fonzo Drive. Sparages
stated the goals of the storm water management design will be:
1. mitigate peak flow;
2. adequate size drainage structures; and
3. make sure proposed treatment is sufficient
A site visit was scheduled on January 22, 2000 at 12:00.
Grimes moved to continue the public hearing to the next meeting on February 1, 2000
pending the site visit scheduled on January 22, 2000, seconded by Dr. Johnson. All
members in favor. Motion carried.
Conservation Commission Minutes
January 4, 2000
Page 12
Order of Conditions
Dix Park, Oak & E. Lothrop St., Brimbal Ave. & Palmer Rd. - catch basins
installation, drainage channel & pipe construction/City of Beverly
Donnelly moved to issue Order of Conditions with the following conditions:
1. A quantitative analysis of the impact on the hydrologic gradient between the
discharge point of Brimbal Avenue pipe to the outlet of Kelleher Pond shall he
submitted and approved by the Commission prior to commencement of activities.
This analysis shall include data of existing and proposed conditions. There shall not
be an increase of 3 inches of water in the 10-year storm or the applicant shall come
back to the commission and seek an amendment to the Order;
2. Dewatering because of work shall require the use of a Dewatering sediment trap and
shall be utilized prior to discharge hack to water body;
3. Standard conditions;
Motion seconded by Johnson. All members in favor. Motion carried.
McPherson Drive - wharf removal/Bass Haven Yacht Club
Dr. Johnson moved to issue Order of Conditions with the following conditions:
1. Project completed within 14 days of the start;
2. Store all materials on the barge;
3. Standard conditions;
Motion seconded by Grimes. All members in favor. Motion carried.
Other
John Dick from Hancock Environmental asked to address the Commission pertaining to 2
Boyle Street, the Bartlett Estate. Dick stated at some time in the past, perhaps 10 to 25
years ago, the chauffeur was allowing trucks to come up into the site and dispose of
stumps, etc. The stumps were deposited at the edge of a small wetland. There is a lot of
material in the woods. Dick stated the waste remediation has all moved outside of the
buffer zone. In the course of the cleanup the contractor discovered material and asked
Hancock Environmental to look at the site, which was done today. Dick stated he also
flagged the wetlands. Dick stated he will be coming in on February 1st with a Notice of
Intent incorporating, among other things, a report as to the nature and extent of the
material. Dick stated he will he giving the Conservation Commission a draft
Enforcement Order and will be asking the Conservation Commission immediately issue a
benign enforcement order for the removal of the material. Dick stated there are people
Conservation Commission Minutes
January 4, 2000
Page 13
working on the site now and if he waits too long, he will be well into the beginning of the
spring growing season.
Lang asked if there is any hazardous material on the site. Dick responded that there are a
lot of stumps, some asphalt shingles, some rip masonry, concrete rubble, springs, etc.
Benevento arrived at 9:50 p.m.
Old/New Business
Cont: Clarification of Order of Conditions issued to 320 Essex Street
Greg Hochmuth from Thomas Neve Associates appeared to discuss clarification of Order
of Conditions. Hochmuth requested the Commission to remove the 20 foot no cut zone
to allow for frontage on Lot 8, but keep the restriction for the rest of the site.
Hurlburt stated under the Planning Board rules and regulations frontage needs to be
adequate and accordingly this lot does not have the frontage it needs from the Meeting
Place Circle Road, therefore he needs to prove that they have frontage from Essex Street.
Hurlburt stated that Neve told her that he has no intention of accessing from Essex Street
but the Planning Board wants to make sure that they technically do have frontage, or they
will not be able to get this lot. Hurlburt stated Neve said if the Commission has a no cut
zone there, there would be implications that there could be no access to the lot.
Benevento stated if the Commission was to release the no cut zone, he would still want a
provision for the Conservation Commission to approve any cutting in that area
Benevento moved to amend the no cut zone so that flags NA-NE are no longer part of the
no cut zone, however, there shall be no disturbance of any vegetation within the NA-NE
flag areas without prior approval of the Conservation Commission. The restriction shall
be in perpetuity. Motion seconded by Grimes. Donnelly opposed. (4-1). Motion
carried.
Hurlburt stated she would like to see revised plans.
Modification Request - Birch Woods Drive, Lot 5/Jack Rivers
Jack Rivers appeared before the Commission to seek a modification request. Rivers
stated he would like to move the footprint of the house. The grading will not be
changing. The house is slightly larger. The change is insignificant.
Johnson moved to accept the modification request, seconded by Grimes. All members in
favor. Motion carried.
Conservation Commission Minutes
January 4, 2000
Page 14
Gulf of Maine Bill
There was discussion regarding Gulf of Maine's recent bill. The bill was larger than
expected. Hurlburt stated she will contact Joe Orzel to discuss the bill.
Certificate of Compliance- 36 Lexington Drive
Hurlburt stated that she went to the site and found the site restored, and would
recommend issuing a Certificate of Compliance. Dr. Johnson moved to approve the
Certificate of Compliance, seconded by Benevento. All members in favor. Motion
carried.
Cont.: 9 Curtis Point Road - rip rap slope installation/Charles Jerabek
Benevento moved to continue the public hearing to February 1, 2000, pending site visit
on January 22, 2000, seconded by Dr. Johnson. Donnelly opposed. Motion carried (4-1).
Cont: LP Henderson Road - storage facility FF. Ford Company
Benevento moved to continue the public hearing, seconded by Grimes. All members in
favor (4-0-1) Lang abstained. Motion carried.
Approval of Meeting Minutes
Dr. Johnson moved to approve the September 1, 1999 meeting minutes, seconded by
Grimes. All members in favor. Motion carried.
Donnelly moved to approve the September 14, 1999 meeting minutes, seconded by Dr.
Johnson. All members in favor. Motion carried.
Benevento moved to approve the October 5, 1999 meeting minutes, seconded by Grimes.
All members in favor. Motion carried.
Benevento moved to approve the October 26, 1999 meeting minutes, seconded by Dr.
Johnson. All members in favor. Motion carried.
Benevento moved to adjourn, seconded by Johnson. All members in favor. Motion
carried.
Meeting adjourned at 10:45 p.m.