Loading...
1995-06-06MINUTES OF MEETING JUNE 6, 1995 MEMBERS: CHAIRMAN VINCENT COTREAU, GLENN TERRY, DAVID LANG, CLAYTON SMALL, DR. MAYO JOHNSON AND NANCY LODGE. CALLED TO ORDER @ 7:45 P.M. PUBLIC HEARING SESSION NANCY LODGE MOTIONED TO RECESS AND CLAYTON SMALL SECONDED ALL IN FAVOR. FIRST HEARING %5-494 J.S. BUNK CONIFER WAY (OFF DODGE ST.) REPRESENTING, ATTY. THOS. ALEXANDER, ALSO PRESENT, FROM HAYES ENGINEERING, PETER OGREN. THOS. ALEXANDER STATED THAT IT IS A 4-LOT LANE SUBDIVISION. HAS APPEARED BEFORE THE PLANNING BOARD AND THE SALEM BEVERLY WATER SUPPLY BOARD. SUBMITTED INFORMATION AND READ ALOUD THE BOARD'S UNANIMOUS OPINIONS DATED MAY 5, 1995, AND REFERRING TO SEPTIC SYSTEMS. (ON FILE WITH THE CONSERVATION COMMISSION). PETER OGREN - MADE THE PRESENTATION WITH THE PLAN DISPLAYED. HAS FLAGGED THE WETLAND AND IS INDICATED ON THE PLAN. EXPLAINED BOTH THE RETENTION AND DETENTION BASINS. VELOCITIES WILL NOT BE EROSIVE. THE STREET WILL BE 250' IN ITS ENTIRETY. TO SERVE ONLY 4 DWELLINGS. WILL MEET ALL RESERVOIR REQUIREMENTS RE: TITLE 5. (SET BACK CRITERIA). (AS OF MARCH 1995). HAS RECEIVED NOTIFICATION FROM DEP RE: TO A FILE NUMBER. GLENN TERRY - RE: TO THE FRONT LOT AND WHO OWNS IT, ALSO REFERRED TO THE CHEMICALS AND WHO'S ENFORCING? TOM ALEXANDER - OWNERSHIP IS AN ABUTTER AND THEN REFERRED TO A SPECIAL PERMIT FROM THE BOARD OF HEALTH AND THE WATER BOARD AND OTHER CITY OFFICIALS. A PROCESS TO BE CHECKING PERIODICALLY. GLENN TERRY - RE: DODGE ST. AND THE SEWER BEING THERE, WANTS TO SEE THE LETTER. TOM ALEXANDER - RE: TO TOM KNOWLTON (SALEM-BEVERLY WATER BOARD) AND THE LETTER, THAT TOM KNOWLTON COULD CONCUR. PETER OGREN - THE PROCEDURE IS ALREADY IN ENACTMENT. GLENN TERRY - THERE IS NO ENFORCEMENT IN THE CITY OF BEVERLY WITHOUT BYLAWS, WE HAVE NOTHING IN OUR FAVOR. TOM ALEXANDER - THE CONSERVATION COMMISSION COULD CONDITION IT. CLAYTON SMALL - RE: ABUTTERS/OWNERSHIP AND TO THE VEGETATED WETLAND. PETER OGREN - THE SALEM-BEVERLY WATER BOARD OWNS THE LAND. CLAYTON SMALL - OVER THE WENHAM LINE AND EAST OF THE WALL. PETER OGREN - THE SALEM-BEVERLY WATER BOARD OWNS THAT LAND ALSO. CLAYTON SMALL - WHAT ABOUT THE REMAINING LAND,. TOM ALEXANDER - THE BEVERLY NATIONAL BANK IS THE TRUSTEE. CLAYTON SMALL - LOT 3, WHY IS NOT TO THE CITY LINE. PETER OGREN - IT WOULD BE DIFFICULT-KEPT THE LINE OFF 10', SIMPLY TO INSURE THAT IT ACTUALLY TAKES PLACE IN THE CITY OF BEVERLY. THE LINE IS ESTIMATED WITH 2 MONUMENTS TO TIE INTO 2 CORNERS. CLAYTON SMALL - RE: TO THE REMAINING PARCEL. PETER OGREN - IT IS CITY OWNED, THERE ARE NO PLANS FOR A 2-YR. PERIOD FOR A FUTURE DEVELOPMENT. CHAIRMAN - RE: THE DETENTION BASIN IS SET UP FOR 4 LOTS AND WOULD HAVE TO CARRY MORE POLLUTANTS IF THERE IS FUTURE BUILDING. PETER OGREN - THE SIZE OF THE BASIN WOULD BE INCREASED. THERE ARE OTHER RESOURCES THERE, IT WOULD DEPEND ON THE TYPE OF PLAN. DAVID LANG - THIS PROJECT AND ANY FUTURE PROJECT WOULD ALL BE UNDER OUR JURISDICTION. CHAIRMAN- STATED THAT A BIGGER DEVELOPMENT WOULD BRING SEWERAGE IN AND WE WOULD STILL RAVE THE POLLUTANT PROBLEM. PETER OGREN TO NANCY LODGE - EXPLAINED THE WATER QUALITY STANDARDS, NEW DISCHARGE GOING INTO A RESERVOIR/TO PROTECT THE WATER QUALITY RE: TO SEPTIC SYSTEMS VS. STATE CODE AND TITLE 5. PEOPLE NOW ARE MORE CONCERNED WITH LAWN CHEMICALS. DAVID LANG TO PETER OGREN - RE: TO NUTRIENTS AND CHEBAGO LAKE, ETC. THE SALEM-BEVERLY WATER BOARD HAS NO PROBLEM WITH WATER QUALITY AND SEPTIC SYSTEMS. CONCERNS ARE WITH THE ROADWAYS, LAWNS, ETC. CLAYTON SMALL - RE: ABUTTERS AND TO WENHAM. PETER OGREN - NO ONE FROM WENHAMWAS NOTIFIED BECAUSE THERE ARE NO ABUTTERS FROM WENHAM. CLAYTON SMALL - RE: THE DETENTION BASIN, ANY PLANTINGS TO MITIGATE THE POLLUTION? PETER OGREN - NO, COULD HAVE A DESIGN FOR A PLANT COMMUNITY, TO PUT IT IN THE ORDERS. (A PLANTING PLAN) SEDGES IN THE FLOOR OF THE BASEMENT. CLAYTON SMALL - RE: INCREASE IN RUNOFF AND IN IMPERVIOUS AREAS. PETER OGREN - IT UTILIZES A FIRST FLUSH, FIRST 8" IN BASIN. CAPACITY FOR A SINGLE 100-YR. STORM EVENT. WATER WILL LEAVE BY EVAPORATION. CLAYTON SMALL - RE: NUTRIENT LOADING INTO A RESOURCE AREA ON LOT 3, EASTERN END, AND A NO-CUT ZONE? ALSO, TO TAKE THE LAWN ALL THE WAY DOWN TO THE PROPERTY LINE. PETER OGREN - BASICALLY, IT IS ALL GRASS LAND UNDER FERTILIZER FOR FARM USE. A FIELD COMMUNITY. CLAYTON SMALL - FARMERS ARE MORE SELECTIVE RE: FERTILIZERS VS. HOMEOWNERS. PETER OGREN - RE: TO THE FALL AND SPRING FERTILIZING, COULD PUT IT IN THE ORDERS, LIMITING LOT 3 TO A FORMAL LAWN. DAVID LANG - REFERRED TO TESTING. PETER OGREN - WAS OUT WITH THE HEALTH DEPARTMENT TESTING SOILS, SANDS AND GRAVELS. DAVID LANGAND PETER OGREN DISCUSSED THINGS THAT ARE IONIC "IRONS" DO NOT STICK, SUCH AS LEAD, COPPER, ETC. THEY TRAVEL AND DISSOLVE IN WATER. THEY WILL GO THROUGH SAND AND GRAVEL AND ON SOILS WITH CLY IN IT. BASICALLY, GO THROUGH THE SYSTEM. DR. MAYO JOHNSON - RE: TO THE SIZE OF LOTS 3 AND 4. PETER OGREN - 32,000 AND 37,000 (22,000 SQ. FT. ZONE WAS AGREED WITH THE BANK AND THE PROSPECTIVE BUYER. GENERAL PUBLIC JEFF TANNEBRING OF 96 DODGES ROW WENHAM RE: TO THE LOW WATER AND HOW IT WAS DETERMINED. PETER OGREN - IT IS DETERMINED IN THE SPRING AND "YOU" ASKED THIS @ THE SALEM-BEVERLY WATER BOARD HEARING. TANNEBRING - REFERRED TO THE GROUNDWATER LEVEL. PETER OGREN -WHEN THE BASIN IS DOWN AND ALSO WHEN THE BASIN IS UP, IT WOULD GO UP. TANNEBRING - THIS IS THE LOWEST POINT, AND IT IS A POOR JOB. PETER OGREN - ASKED ELSEWHERE IN THE LAND? RENEE MARY - 274 HALE STREET RE: TO THE FILE NUMBER AND WHO IS THE DEP CONTACT? PETER OGREN - WE ARE NOT DEALING WITH ANYONE IN PARTICULAR, BUT NAMED IN LEGAL, MIKE TURGEON. RENEE MARY - THEN REFERRED TO THE STANDING WATER/MOSQUITOES. PETER OGREN - WE ARE PREVENTED FROM CHEMICALS THERE. RENEE MARY - REFERRED TO THE SITE WALK WITH THE PLANNNG BOARD. AND REFERRED TO THE DRAIN PIPES NEXT TO A STONEWALL. IS IT LEGAL TO DUMP STORMWATER INTO A WETLAND, LIKE A CONDUIT INTO A WETLAND. PETER OGREN - YET IT IS LEGAL, THERE ARE STANDARDS BECAUSE IT IS A RESERVOIR. DISCHARGES FROM "OUR" BASINS WILL BE RARE. NANCY LODGE - RE: TO POLLUTION RELEASED AND THE BASINS, REFERRED TO AN "OLD" PROJECT THAT SEEMS THE SAME AS THIS ONE. PETER OGREN - WITH NEW CONSTRUCTION, WE ARE TRYING TO IMPROVE ALL THIS. THE CHAIRMAN ASKED ABOUT A SITE VISIT - UNANIMOUS - SUNDAY JUNE 18 AT 11:00 A.M. CLAYTON SMALL -REFERRED TO THE DESIGN OF THE BASIN AND THE OUTFALL AND IT BEING AWAY FROM THE WETLAND. PETER OGREN - IT IS THE GREATEST DISTANCE TO THE WETLAND AREA, TO SEE THIS BASIN OUTFLOW WILL HE HARE. CLAYTON SMALL - AT THE MOUTH OF CONIFER WAY AND REFERRED TO THE WATER. PETER OGREN - SHOWED NEWLY ADDED BASIN TAKING NO FLOW FROM DODGE STREET. RON JOHNSON FROM 172 BRIMBAL AVENUE, INQUIRED ABOUT THE DEP STATUS AND ITS APPROVAL. PETER OGREN - THERE IS NO SUCH DECISION UNTIL LOCAL CONSERVATIONS DECIDE. THE CHAIRMAN EXPLAINED AND REFERRED TO THE FILE NUMBER AND THE REASON FOR GIVING IT TO THE PROJECT, ONLY AFTER DEP REVIEWS A PROJECT. RON JOHNSON - CONCERNS WITH POLLUTANTS, ETC AND THE ENFORCING OF THE ACT. THIS HEARING IS CONTINUED - JUNE 27TH. SECOND HEARING #5-481 STOP AND SHOP ELLIOTT STREET MIKE MCNIECE FROM VANASSE HANGEN, REPRESENTED AND FURTHER EXPLAINED THE ADDITIONS/CHANGES. ALSO PRESENT, ATTORNEY, THOMAS ALEXANDER. DISCUSSION RE: DISCHARGE/80%. REMOVAL OF DISCHARGE INTO THIS SYSTEM, WILL CLEAN OUT THE OILAND GAS CHAMBERS ONCE A YEAR. THERE WILL BE A WEEKLY PICKUP OF LITTER AND DISPOSALS. SWEEPING OF THE PARK WILL BE DONE 4 TIMES A YEAR. TOM ALEXANDER - THIS BEING THE FOURTH SUBMISSION, WANTS TO CLOSE THE HEARING TONIGHT. WITH ALL THE INFORMATION BEING SUFFICIENT, DR. MAYO JOHNSON MOTIONED TO CLOSE THE HEARING AND CLAYTON SMALL SECONDED THE MOTION. NANCY LODGE IS IN OPPOSITION. THE MOTION CARRIES. ALL IN FAVOR. THIRD HEARING RON JACKSON 35 PAINE AVENUE PIER REMOVAL. REPRESENTING FROM HANCOCK SURVEY/DANVERS, BILL MANUEL. HE REFERRED TO THE PREVIOUS FILING. THERE WILL BE 6 TO 8 POSTS THAT WILL BE INSERTED INTO THE BEDROCK. THE SHARP EDGES WILL BE COVERED. THE DEBRIS WILL BE CARRIED UP A STEEL STAIRCASE AND THEN DUMPED INTO A DUMPSTER. IT WILL BE A ONE DAY PROJECT. CLAYTON SMALL - REFERRED TO THE SURETY OF THE DISPOSAL OF LOOSE MATERIALS. PHOTOS ON FILE. THEN MOTIONED TO CLOSE THE HEARING, GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. FOURTH HEARING ROBERT LEVIN 6 LAKESIDE AVENUE HOUSE ADDITIONS. THE OWNER EXPLAINED THE PROJECT. HE IS MAKING IT A 2-STORY ADDITION. CHAIRMAN TO LEVIN - RE: TO PAGE 14 OF THE N.O.I./SHOW THE HAY BALE ROW ON THE PROPERTY LINE IN A LETTER FROM THE SALEM - BEVERLY WATER BOARD. THE PROPERTY LINE IS A FAIRLY STEEP HILL. CHAIRMAN ASKED IS THE HOUSE LIFTED. LEVIN - YES, 3 TO 4 FEET. CLAYTON SMALL - REFERRED TO POURING OF CONCRETE AND STORAGE OF MATERIALS. LEVIN - IT WILL BE PUMPED FROM THE STREET SIDE. THE BUILDING AND STORAGE OF MATERIALS WILL BE IN THE FRONT YARD. CLAYTON SMALL MOTIONED TO CLOSE THE HEARING AND DAVID LAND SECONDED THE MOTION. TO WAIT FOR AN AMENDED PLAN AND A LETTER FROM THE SALEM-BRVERLY WATER BOARD. ALL IN FAVOR. FIFTH HEARING DOROTHY FOSS 39 CRESCENT AVENUE PIER REPAIR. IS ON THE BASS RIVER/REFERRED TO THE SILT THERE. HER SON REPRESENTED AND EXPLAINED THE PROJECT. THE MATERIALS WILL BE PUT IN A DUMPSTERAND CARTED OFF. TO REPLACE THE 2 PILINGS SAME SIZE AS PREVIOUS. CHAIRMAN - WANTS TO LOOK AT THE SITE, COULD BE A SALT MARSH. CLAYTON SMALL - IT IS DETERMINED BY THE SIZE. SON - STATED THAT WE ARE JUST REPLACING EXACTLY TO WHAT IS THERE NOW AND WITH PINE. CHAIRMAN WANTS TO CONTINUE THIS HEARING AND WANTS TO VIEW THE SITE ON SUNDAY JUNE 18TH. HEARING CONTINUED UNTIL JUNE 27TH. RECONVENE DR. MAYO JOHNSON MOTIONED AND NANCY LODGE SECONDED. ALL IN FAVOR. A FAREWELL TO FORMER DEDICATED 13-YR. VETERAN / MEMBER / BILL LISS. HE WAS PRESENTED AT THIS TIME WITH A "BEVERLY HARBOR CLOCK". REQUEST/DETERMINATION/APPLICABILITY ESSEX COUNTY NEWSPAPERS ON DUNHAM ROAD TOM ALEXANDER REPRESENTED AND EXPLAINED THE PROJECT. THERE WILL BE A SMALL ADDITION AND ALSO TO EXPAND THE PARKING LOT. A PLAN WAS DISPLAYED. THE RUNOFF DOES NOT TIE INTO ANY WETLAND OR A RESOURCE AREA. THE CHAIRMAN REVIEWED IT. HE STATED THAT JUST ANAREA OF LAND, 3' BELOW GRADE AND POCKETS THERE ARE SUBJECT TO FLOODING AND HE FEELS IT DOES NOT APPLY TO THE WETLAND PROTECTION ACT. ALSO PRESENT, FROM THE NEWSPAPER, JOHN MAIHOS. CHAIRMAN - IT ABUTS DUNHAM ROAD, WATER JUST POCKETS THERE. DAVID LANG - ASKED ABOUT CUTTING. TOM ALEXANDER - THE AREA IS LEVEL. NANCY LODGE - ASKED ABOUT TREES BEING CUT DOWN. TOM ALEXANDER - NONE. THE CHAIRMAN - THERE IS A CULVERT ON DUNHAM ROAD. THIS FLOWS TOWARDS RTE. 128. GLENN TERRY - THIS ABUTTS NORWOOD POND, MAYBE WE SHOULD LOOK AT IT. DAVID LANG - SITE VISIT ON JUNE 18TH. NANCY LODGE - WANTS TO LOOK AT IT. DAVID LANG TO THE CHAIRMAN - WHAT DID YOU SEE THERE. CHAIRMAN - EXPLAINED NOTHING THAT RESEMBLES A WETLAND, AND REFERRED TO THE PROPOSED PARKING. COULD START WORK WITH JUST HAY BALES AND BE A 100' AWAY. CLAYTON SMALL - MOTIONED NEGATIVE. NANCY LODGE - MOTIONED SIGNIFICANT. GLENN TERRY WANTS THE SITE VISIT, DAVID LANG SECONDED. ALL IN FAVOR. HEARING CONTINUED JUNE 27TH. ENFORCEMENT ORDERS (4) FIRST ENFORCEMENT ORDER 7 MAC ARTHUR ROAD PELLETIER GULF OF MAINE FLAGGED AREA LAST JUNE, WAS TOLD THEN, THAT HE COULD REMOVE DEAD TREES AND BRUSH. HE DID NOT DO ANYTHING UNTIL THIS SPRING. REF: TO BURNING OF BRUSH, ETC. APPLICANT WANTS TO ACT ON THE GULF OF MAINE AND WANTS TO CLEAN UP THE AREA AND WANTS "OUR" PERMISSION. THE CHAIRMAN - LOOKED AT THE SITE STATED THAT THE APPLICANT WENT BEYOND THE FLAGGING AND DISTURBED THE WETLAND PLANTS. NO PROBLEM WITH TAKING BY HAND, BUT HAD ANOPEN FIRE INSIDE THE WETLAND, WHICH IS NOT ALLOWED. GLENN TERRY - LIVES 2 HOUSES UP FOR 40 YEARS. HE STATED THAT GULF OF MAINE TOLD THE APPLICANT WHERE THE WETLANDS ARE AND THAT HE HIRED DODGE TREE SERVICES TO CUT TREES AND THEY THEN THREW THEM IN THE WETLANDS. HE HAS TO FILE NOW TO DO ANYTHING. RE: TO THE FIRE DEPT., THEY DO NOT KNOW RE: WETLAND REGS THEY ARE ONLY CONCERNED WITH THEIR CRITERIA. CLAYTON SMALL - FEELS THE APPLICANT JUST PULLED OUT WHAT HE FELT LIKE, BUT NOT TO GO BEYOND THE FLAGS, ALSO THEMATERIALHOLDING THE FLAGS IS NOW GONE. DAVID LANG - WHAT IS THE APPLICANT DOING NOW? APPLICANT - NOTHING NOW JUST WAITING FOR THE CONSERVATION TO GIVE DIRECTION. GLENN TERRY - HE HAS DONE MORE THAN HE SAID HE WAS GOING TO DO. CLAYTON SMALL - THE ENCROACHMENT IS NOW GETTING CLOSER TO THE STREAM. THIS COULD FLOOD OUT ALL THE NEIGHBORS ON THE OTHER SIDE OF RTE. 128. GLENN TERRY - IF HE HAS PLANS TO DO ANYTHING FURTHER, HE HAS TO FILE. SECOND ENFORCEMENT ORDER 82 CONANT STREET LORGE CHAIRMAN - RE: TO TYPES OF PLANTS AND THAT CERTAIN TYPES WILL ROB THE WETLANDS, DOESN'T WANT GRASS TO MIGRATE. CLAYTON SMALL - STATED THAT TREES WERE CHOPPED AND DRAGGED ACROSS THE STREAM. LORGE - CUT A PUSSY WILLOW AND BURNED IT UNTIL HE FOUND OUT OTHERWISE. RE: TO THE BANK ON HIS PROPERTY AND THE REMOVAL AND REPLANTING OF TREES AND THAT THE BANKS ARE CAVING IN. GLENN TERRY - EXPLAINED THE "AWARENESS" OF WETLANDS ON HIS PROPERTY AND WHAT AND HOW HE CAN DO ANYTHING THERE. THIRD ENFORCEMENT ORDER 14 COLE STREET ARTHUR THOMPSON SON REPRESENTED AND REFERRED TO THE OLD FILING. CHAIRMAN - EXPLAINED HOW THINGS ARE NOW DIFFERENT RE: FILLING AND THAT THE COMMISSION WILL VIEW THE SITE ON SUNDAY JUNE 18 / 1:00 P.M, FOURTH ENFORCEMENT ORDER 67 CROSS LANE APPLICANT HAD TO LEAVE, SICK CHILD @ HOME. THE COMMISSION WILL VIEW THE SITE ON SUNDAY JUNE 18TH @ 11:30 A.M. DISCUSSIONS ALT 4 PARKVIEW AVENUE TROUBLE WITH GROWING GRASS/NEEDS A FULL CERTIFICATE OF COMPLIANCE. THE COMMISSION WILL VIEW THE SITE, SUNDAY/JUNE 18-12:30 PM. CLAYTON SMALL REFERRED TO THE STOP AND SHOP/NEW DESIGN. "PLEASED" WITH IT. DR. MAYO JOHNSON MOTIONED TO APPROVE THE PLANS, AS SUBMITTED AND CLAYTON SMALL SECONDED THE MOTION. ALL IN FAVOR. IN OPPOSITION NANCY LODGE NEGATIVE VOTE. GLENN TERRY - AS PART OF THE ORDERS OF CONDITIONS/THE MAINTENANCE PLAN TO BE INCLUDED. HE THEN MOTIONED TO ACCEPT THE DESIGN AND DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. GLENN TERRY - WANTS TO REJECT 8 THOMAS ROAD. CLAYTON SMALL MOTIONED TO CONTINUE, GLENN TERRY SECONDED. ALL IN FAVOR. PERMIT EXTENSION SMITH REAR 5 NETHERTON AVENUE #5-254. (FINANCES HAVE DELAYED COMPLETION). CLAYTON SMALL MOTIONED TO GRANT A ONE YEAR EXTENSION GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. ADJOURNMENT 10:05 P.M. DAVID LANG MOTIONED TO ADJOURN DR. MAYO JOHNSON SECONDED ALL IN FAVOR. MARIE S. COTREAU / CLERK