1995-01-10CONSERVATION COMMISSION
BEVERLY, MASSACHUSETTS
MINUTES OF
JANUARY 10, 1995
MEETING
ALL MEMBERS PRESENT.
MEETING CALLED TO ORDER @ 7:45 P.M.
PUBLIC HEARINGS:
HEARING CONTINUED
NANCY LODGE MOTIONED TO
SECONDED THE MOTION.
ALL IN FAVOR.
#5-480 FREDERIC HORNE
RECESS AND DAVID LANG
FIRST
AVALON AVENUE
REPRESENTING, RANDY WATERMAN FROM BEALS AND THOMAS IN MARLBORO.
PROJECT LANDSCAPING, REGRADING, REMOVAL OF THE TENNIS COURT. HE
REFERRED TO THE REQUEST OF 1992. THE LARGE HISTORIC HOUSE IS
PARTIALLY REMOVED. THERE IS AN EXISTING POOL THERE. THE PROPOSED
PROJECT IS ESSENTIALLY REGRADING OF THE BACKYARD, TO RESHAPE ANDTO
RECONTOUR. LAWN WILL REMAIN. WILL ADD SHRUBS AND GROUND COVER. THERE
WILL BE NO CHANGE TO TEE VEGETATED EROSION CONTROL BARRIER BOTH
THE SILTATION FENCE AND THE BALES AT THE NORTHERLY AREA,
WILL MOVE TO THE WEST SIDE OF THE POLL. NO WORK IS
PROPOSED IN A RESOURCE AREA. 7000 FT. OF WORK TO BE DONE, AND REDUCTION
OF PERVIOUS SURFACES ON THE SITE. A LETTER SUBMITTED (1-6-95)
EXPLAINING IN FURTHER DETAIL. (ON FILE) RECEIVED-l-10-95. MEMBERS
HAVE COPIES.
GLENN TERRY - ASKED ANY FURTHER WORK TO BE DONE, THE APPLICANT IS TO COME BEFORE
US, RE: CLEAN-UP / TO PUT IN THE ORDERS OF CONDITIONS.
CLAYTON SMALL - RE: THE ERODED AREA, HOW MUCH FILL WILL BE BROUGHT IN.
RANDY WATERMAN - TO GO 3-5 FEET HIGH, BOTTOM OF ROCK, TO BUILD IT UP WITH STONE,
AS NOT TO WASH AWAY. WILL SEE WHAT COMES FROM THE SITE.
IF A STORM OCCURS, IT SHOULD NOT WASH AWAY, IF IT IS DONE PROPERLY.
BILL LISS - WHAT IS NO STONE IS FOUND, AND RE: TO THE SIZE OF THE STONES.
APPLICANT SHOULD BE MORE DEFINITIVE.
RANDY WATERMAN - THERE SHOULD BE A LOT OF ROCK THAT HAS TO BE REMOVED.
NANCY LODGE - ASKED ABOUT THE STONES, WHAT KIND, AND IF GRANITE.
RANDY WATERMAN -YES. SIZE IS IMPORTANT.
DAVID LANG - IS CONCERNED WITH THE CONSTRUCTION / SEQUENCE.
CLAYTON SMALL - ARE THERE PLANS TO REFURBISH THE POOL.
RANDY WATERMAN - NONE.
NANCY LODGE - RE: BEACH, STONE AND WASHING AWAY, CONCRETE.
CHAIRMAN - THIS IS A HIGH SPOT.
RANDY WATERMAN - NOW, THERE IS AN EXISTING WALL AND IS IN TACT. WILL PLACE THE
NEW PROPOSED WALL 8 FEET ABOVE THE EXISTING WALL.
WITH ALL THE INFORMATION SUFFICIENT, CLAYTON SMALL MOTIONED TO CLOSE THE HEARING
AND DAVID LANG SECONDED THE MOTION.
ALL IN FAVOR.
SECOND
HEARING CONTINUED: #5-479 CORNELL ROAD EXT. LOT 12.
REPRESENTING, LYNN DAVIS. SINGLE FAMILY HOUSE
CONSTRUCTION.
CLAYTON SMALL - REFERRED TO THE BARRIER PROPOSED, JUST VEGETATION OR A STONEWALL?
LYNN DAVIS - YES, IT WILL BE JUST A VEGETATION BARRIER.
CLAYTON SMALL - WANTS A REVISED PLAN RE: THE PLANTINGS.
MAYO JOHNSON MOTIONED TO CLOSE THE HEARING, CLAYTON SMALL SECONDED THE MOTION.
ALL IN FAVOR.
RECONVENE.
CONTINUED REQUEST / DETERMINATION / APPLICABILITY
PAUL MARCHIONDA, REPRESENTING. MONTSERRAT ESTATES SUBDIVISION.
A NEW PLAN WAS SUBMITTED. THE FLAGGING HAS BEEN CORRECTED ON THE NEW REVISED
PLAN. FLAGS "X AND Y" ARE PLACED ALONG THE WETLANDS.
CORE SAMPLES WERE TAKEN BY GULF OF MAINE. THE AREA IS NOT SUBJECT TO AN ISOLATED
LAND TO FLOODING, IT DOESN'T FILL TO 1/4 ACRE.
NANCY LODGE - QUESTIONED THE VERNAL POOLS.
PAUL MARCHIONDA - IT IS NOT A VERNAL POOL AND IS SURE OF IT.
MAYO JOHNSON ' SPOKE OF DEP AND CONTOURS RE: MATERIAL HE HAD RECEIVED LAST
SUMMER.
PAUL MARCHIONDA - THE SUMMER OF '95, DEP WILL ALLOW CORE SAMPLES.
DAVID LANG - QUESTIONED THE FOOTPRINT, UNDER THE REQUIREMENT OF 10,000 FT. AREA.
PAUL MARCHIONDA - TOP - 6,000 SW. FT.
MAYO JOHNSON - THE RULES WERE EFFECTIVE NOVEMBER '94, THE COMMISSION CAN RELY
SOLELY ON VEGETATION.
HUGH MULLIGAN - REFERRED TO THE SITE WALK, DID 10 SOIL PIT TESTS. WENT WITH 50%
WETLAND VEGETATION. A BIGGER WETLAND WHEN RELIED ON VEGETATION THAN ON SOILS.
GENERAL PUBLIC
CINDY SHAPIRO OF 31 BOYLES STREET - VERNAL POOLS. HAS PHOTOS AND VERIFICATION
OF VERNAL POOLS, ONE LARGE AND OBVIOUS ONE.
RENEE MARY OF 274 HALE STREET - HAS SEEN SEVERAL VERNAL POOLS. ONE IN PARTICULAR
ON TALL TREE DRIVE WHERE THE PAVEMENT ENDS. SHE FEARS SHE WILL BE FLOODED, THERE
IS A CULVERT 7' HIGH.
STEVE CRANE OF 3 ROBIN ROAD - HAS LIVED THERE FOR 20 YEARS. HAS SEEN A VERNAL
POOL, WHEN THE POOL FILLS, IT RUNS INTO THE ADJACENT AREA LIKE A BIG SAUCER. HE
DISPLAYED AN OLD PLAN. AT 46'
ELEVATION AND 50', IT FILLS.
BILL LISS IF THERE ARE STREAMS ON THE PROPERTY, THEY SHOULD BE IDENTIFIED,
STREAMS HAVE BANKS. THE STREAMS SHOULD BE SHOWN ON THE MAP.
STEVE CRANE-3 ROBIN ROAD-BETWEEN 46 & 50', ON THE ENTIRE SITE, MAJOR WATER
ACCUMULATIONS AND THEY SHOULD BE ADDRESSED. BUFFER ZONE, ETC. SUGGESTED A
COMPLETE SITE EVALUATION. HE HAS BEEN FLOODED OUT. THEN REFERRED TO BLASTING,
ETC.
MARY HOAR OF 13 BROOKHEAD AVENUE / HAS SAME CONCERNS. SHE DISPLAYED PHOTOS,
SHOWING BLUE FLAGS SITTING IN WATER.
FRANCIS WINSLOW OF 2 ROBIN ROAD, HAS PHOTOS, SAME CONCERNS, HAS ALSO LIVED THERE
FOR 20 YEARS.
CINDY SHAPIRO - VERNAL POOLS CANNOT BE CERTIFIED IN THE WINTER TIME.
CHAIRMAN- STATED THAT BLASTING IS NOT A CONCERN NOW, HERE NOW ONLY TO DELINEATE
THE WETLANDS.
DAVID LANG - FEELS UNCOMFORTABLE WITH THE INFORMATION AND WANTS ADDITIONAL
CALCULATIONS RE: 8,000' OF WATER.
MAYO JOHNSON - RE: TO THE WHOLE BORDER AROUND THE WETLAND.
PAUL MARCHIONDA - WILL PUT THE DITCH ON THE ADDITIONAL PLAN.
NANCY LODGE - WANTS TO REEP THIS REQUEST OPEN.
PAUL MARCHIONDA TO BILL LISS - EXPLAINED AREAS OF PROTECTION ON PLAN.
BILL LISS - THE PLAN IS UNCLEAR.
NANCY LODGE - REFERRED TO THE WELLS.
CHAIRMAN - HERE ONLY TO DELINEATE THE WETLANDS. THIS IS THE ISSUE NOW.
DAVID LANG MOTIONED TO CONTINUE AND BILL LISS SECONDED THE MOTION.
ALL IN FAVOR.
SECOND REQUEST / DETERMINATION / APPLICABILITY CONTINUED.
BARRETT 403 ESSEX STREET LOT #1. NO ONE PRESENT.
BILL LISS VIEWED IT AND HAS NO PROBLEM. IT IS THE ONE OUT IN FRONT. HE MOTIONED
FOR A NEGATIVE DETERMINATION AND MAYO JOHNSON SECONDED THE MOTION.
ALL IN FAVOR.
THIRD REQUEST / DETERMINATION / APPLICABILITY AMTRAK
DELINEATION ALONG AMTRAK' S RIGHT OF WAY.
ADDITIONAL SUBMITTALS ARRIVED LATE TO THE MEMBERS, THEREFORE, IT WAS
MOTIONED BY CLAYTON SMALL TO CONTINUE THIS UNTIL JANUARY 31, 1995 AND GLENN
TERRY SECONDED THE MOTION.
ALL IN FAVOR.
ORDERS / CONDITIONS (3)
#5'477 CORNELL ROAD EXT. LOT #2
CLAYTON SMALL MOTIONED FOR THE STANDARDS
BILL LISS SECONDED THE MOTION.
ALL IN FAVOR.
%5-476 179 WEST STREET
CLAYTON SMALL MOTIONED FOR "COASTAL STANDARDS"
MAYO JOHNSON SECONDED THE MOTION.
ALL IN FAVOR.
PERMIT EXTENSION
TUCK PT. MARINA #5-66 ONE YEAR EXTENSION.
WARREN SAWYER EXPLAINED HIS SITUATION RE: DEP AND PROPER PERMITS.
BILL LISS MOTIONED TO GRANT IT AND GLENN TERRY SECONDED THE MOTION.
ALL IN FAVOR.
CERTIFICATES / COMPLIANCE (4)
#5-184 LOT 64 BEAVER POND 5-184.
THE FENCE WAS PUT ON THE PLAN AS REQUESTED BY THE COMMISSION.
CLAYTON SMALL MOTIONED TO GRANT IT AND BILL LISS SECONDED IT.
ALL IN FAVOR.
#5-439 N.E. BIO LABS 32 TOZER ROAD #5-439
CHAIRMAN VIEWED THE SITE. NO PROBLEM.
CLAYTON SMALL MOTIONED TO GRANT IT AND GLENN TERRY SECONDED T H E
MOTION.
ALL IN FAVOR.
#5-425 BEVERLY AIRPORT FUEL TANK PROJECT.
BILL LISS MOTIONED TO GRANT THE CERTIFICATE AND CLAYTON SMALL
THE MOTION.
ALL IN FAVOR.
#5-378 LOT 8 SHAW ESTATES / BRANCH LANE.
CLAYTON SMALL MOTIONED TO GRANT THE CERTIFICATE AND BILL LISS
THE MOTION.
ALL IN FAVOR.
ENFORCEMENT ORDERS TO BE SENT TO.' (5)
RON JACKSON 35 PAINE AVENUE BUILDING IN A RESOURCE AREA.
CHAS. BENEVENTO BRANCH LANE LOTS 2 & 3. HAY BALES & SILT
BARRIER.
DAVID FELLOWS LOT 6 GROVER STREET HAY BALES & SILT BARRIER.
ALAN COHEN 6 CAVENDISH SQUARE PUTTING FLOWER BEDS IN.
THE FOLLOWING ARE UNDER SUPERCEDING W / DEP:
#5-431 MAPLEWOOD VILLAGE LOTS 6 - 12 - 14.
THE SITE IS NOT IN GOOD CONDITION. THE HAY BALES AND THE SILT BARRIER
ARE INSUFFICIENT.
THEREFORE, THE COMMISSION IS SENDING AN ENFORCEMENT ORDER AND TO INFORM DEP THAT
THIS COMMISSION DOES NOT AGREE W / DEP THAT THEY SHOULD BE GRANTED A CERTIFICATE
OF COMPLIANCE.
DISCUSSION WITH GARY PALARDY REAR 15 BRIMBAL AVENUE.
ORDERS / CONDITIONS ARE GOOD FOR 2 MORE YEARS. FOOTPRINT IS CHANGED GLENN TERRY
MOTIONED THAT IT IS NOT SIGNIFICANT FOR A NEW FILING, AND BILL LISS SECONDED THE
MOTION.
ALL IN FAVOR.
ELECTION FOR A CHAIRPERSON.
PRESENT CHAIRMAN TO REMAIN FOR AN ADDITIONAL 6-MONTH PERIOD.
DISCUSSION RE: ORDINANCES / SUB-COMMITTEE.
REASONS BEING: WETLANDS ONLY LEFT IN BEVERLY TO BUILD ON.
(NO HOUSE SHOULD BE BUILT WITHIN 25' OF A WETLAND).
CLAYTON SMALL MOTIONED THAT A LETTER BE SENT TO THE CITY COUNCIL RE: THE
ORDINANCES REQUESTED BY THIS COMMISSION AND MAYO JOHNSON SECONDED THE MOTION.
ALL IN FAVOR.
DISCUSSION ECDC METING
ONE MEMBER IS TO BE REPRESENTED BY THE COMMISSION
NANCY LODGE WILL CONTACT SANDRA REINECKE. THE COMISSION CONCURRED THAT
IF NANCY LODGE IS WILLING TO ATTEND. BILL LISS MOTIONED THAT SHE DO SO AND
MAYO JOHNNSON SECONDED IT.
ALL IN FAVOR.
ADJOURNMENT AT 9:30 P.M.
GLENN TERRY MOTIONED TO ADJOURN AND NANCY LODGE SECONDED THE MOTION
ALL IN FAVOR.
MARIE S. COTREAU / CLERK