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1995-03-14CONSERVATION COMMISSION BEVERLY. MASSACHUSETTS MINUTES OF MARCH 14, 1995 MEETING MEMBERS PRESENT: CHAIRMAN VINNIE COTREAU, NANCY LODGE, VICE CHAIRMAN DAVID LANG, DR. MAYO JOHNSON, CLAYTON SMALL AND GLENN TERRY. MEETING CALLED TO ORDER @ 7:45 P.M. GLENN TERRY MOTIONED TO RECESS FOR THE PUBLIC HEARING SESSION AND CLAYTON SMALL SECONDED THE MOTION. ALL IN FAVOR. FIRST CONTINUED PUBLIC HEARING BRIMBAL HILL DRIVE LOTS 1 & 2. REPRESENTING, NEILAND DOUGLAS, ALSO, RICH WILLIAMS FROM HAYES ENGR. / WAKEFIELD. DPW COMMISSIONER, GEORGE ZAMBOURAS. ADDITIONAL SUBMITTALS WERE DISTRIBUTED AT THIS TIME. RE: CULVERT, WILLIAMS STATED THAT IT IS IN FINE SHAPE AND NOT FLOWING. THE 4 MAJOR REVISIONS (ON FILE) WERE DISCUSSED, SUCH AS THE DRIVEWAY AREA HA BEEN WIDENED 4' WIDER AND PAVED; APPLICANT IS NOT INCREASING FLOW INTO THE DITCH; THE HAY BALE LINE HAS BEEN CONTINUED; ANADDED SWALE 2' WIDE, NORTHSIDE OF THE DRIVEWAY. GLENN TERRY - RE: TO THE EXISTING ROAD, THIS IS A 35% INCREASE? WILLIAMS THE DRAINAGE SWALE SERVES ANY SURFACE RUNOFF AND IS DIRECTING IT DOWN TO THE CATCH BASIN. THE PIPE WILL HANDLE A 25-YR. STORM. A DRAINAGE STUDY WAS DONE BY MERIDIAN ENGINEERING AND THAT IS THE ONE BEING USED. DAVID LANG - QUESTIONED THE FLOW / MERIDIAN ENGR. GLENN TERRY - FEELS THE SWALE IS IN THE WRONG AREA AND IT SHOULD BE ON THE OTHER SIDE. NEILAND DOUGLAS - IT IS SO AS NOT TO ENTER BASEMENTS. THE SWALE WOULD PROTECT THAT. WILLIAMS - IT IS CUTTING OFF THE FLOW AS TO REDUCE THE FLOW TO THE STREAM. GLENN TERRY - HAS A PROBLEM WITH THIS. NEILAND DOUGLAS - THIS WOULD ALLOW THE DRAINAGE TO GO TO THE SWALE AND NOT TO THE LOTS. DAVID LANG TO DPW COMMISSIONER RE: CALCULATIONS. THE NEW DESIGN HAS NOT BEEN SEEN BY THE COMMISSIONER. PRIOR TO THIS, REFERRING TO ALBANY CIRCLE, THERE IS A FLAT SURFACE AND A 15-YR. STORM CAN BE HANDLED. CLAYTON SMALL - WITH THE CHANGE IN THE WATER FLOW DOWN TO THE CULVERT, HOW MUCH REDUCTION WILL BE REACHING THE AREA. WILLIAMS - IT IS GROUNDWATER AND THE PROJECT IS NOT AFFECTING IT. CLAYTON SMALL - RE: THE SECOND HOUSE, HAS THE SIZE INCREASED? NEILAND DOUGLAS - BOTH HOUSES ARE 30' X 60'. DPW COMMISSIONER THE CONDITION OF THE EXISTING DITCH AND IN CONJUNCTION WITH THE INLET OF THE 12" PIPE ON BRIMBALL HILL DRIVE. WILLIAMS LOOKED AT IT TODAY, THE PIPE IS CLEAN OF SILTATION AND IS 2-3" DEEP. DPW COMMISSIONER - THE RUNOFF FROM THE SITE SHOULDN'T RUN INTO THE DITCHING AREA, THE CONSERVATION COMMISSION SHOULD LOOK INTO IT. NEILAND DOUGLAS - WE COULD MAINTAIN THE DITCH. CHAIRMAN - REFERRED TO THE DITCH AND THE MAINTAINING OF THE FLOW OF WATER. GENERAL PUBLIC TOM NESBITT OF 18 COLONIAL ROAD - WATER CONCERNS; ANYTIME DIGGING TOOK PLACE, WHERE DID THE GROUNDWATER GO? TEN YEARS AGO, THE CITY PUT IN A WATER LINE, AND THE WATER CONTINUES TO RUN NOW TO THAT DITCH. CHAIRMAN'S OPINION, THAT OVER THE YEARS, IT WAS NOT A GOOD FLOW. NESBITT - HAS CLEANED THE DITCH WITH A NEIGHBOR (WHO HAS NOW PASSED AWAY) OVER THE YEARS. STILL A POND IN THE YARD. CHAIRMAN - THE SURFACE WATER DOES NOT ADD TO THE PROBLEM AND THAT IS THE CONCERN OF THE COMMISSION. GENERAL PUBLIC DEAN ROBINSON OF 19 BRIMBAL HILL DRIVE WATER CONCERNS, RE: WIDENING THE ROAD. THE TREES ARE NOW TAKING IN THE WATER. BOTH RESIDENTS DISPLAYED PHOTOS TO THE COMMISSION AT THIS TIME. DPW COMMISSIONER REFERRING TO THE END OF BRIMBAL HILL DRIVE, THERE ARE 2 CATCH BASINS, ONE ON EACH SIDE TO COLLECT WATER. THE 2 CATCH BASINS ARE IN ADDITION TO WHAT IS ON THE PLAN AND THE APPLICANT IS TO MAINTAIN THE DITCH AND NOT TO GO DEEPER BECAUSE THAT WILL DEFEAT THE PURPOSE. CHAIRMAN - WE COULD MAKE A 20' NO CUT ZONE, REFERRING TO THE TREES. NOW IT IS A 40' BUFFER. NEILAND DOUGLAS - WE WILL TRY TO SAVE AS MANY TREES, AS POSSIBLE. ALSO, STATED THAT THE HOMES WILL HAVE FULL BASEMENTS. NESBITT - QUESTIONED THE PROCEDURE OF THE DECISION. NEILAND DOUGLAS - HE WILL NOTIFY THE ABUTTERS UPON A DECISION. THIS IS SUBJECT TO REVIEW OF THE ZONE BOARD OF APPEALS ON MARCH 28TH. CHAIRMAN ASKED IF THE INFORMATION IS SUFFICIENT? DAVID LANG - WANTS ADDITIONAL INFORMATION AND TO PUT IT ON THE PLAN AND THEREFORE, MOTIONED TO CONTINUE THE HEARING FOR APRIL 4TH, GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. RECONVENE TO THE REGULAR MEETING, MOTIONED BY CLAYTON SMALL AND SECONDED BY DAVID LANG. ALL IN FAVOR. DISCUSSION WITH DPW COMMISSIONER ZAMBOURAS RE: THE SOCCER FIELDS. FIRST SOCCER FIELD TO BE DISCUSSED: BALCH STREET SOCCER FIELD. HE DISPLAYED THE BALCH STREET PLANS AND EXPLAINED THE PROJECT. BACK IN THE 50'S, THERE WAS AN ENTIRE BROOK ON THE SITE AND IT WAS PIPED. ONE YEAR AGO, THE 2 EXISTING CATCH BASINS WERE DISCOVERED. SINCE THEN, THE CATCH BASINS WERE CLEANED OFF AND ARE NOW FREE OF WATER. SPOKE OF MR. MARSHALL AND HIS WATER CONCERNS, ETC. THE SPECIES THAT EXIST THERE ARE PREDOMINATELY UPLAND. THE CITY WILL FILE WHEN REGRADING BEGINS. CLAYTON SMALL - QUESTIONED THE FILL THAT IS THERE, AND DAVID LANG QUESTIONED THE TREES BEING A WETLAND SPECIES. DPW COMMISSIONER - DEP DIDN'T FEEL IT IS A WETLAND AREA. GLENN TERRY..- PREFERS THE CITY SHOULD FILE / IF ANYONE HAS ANY DOUBT BECAUSE HE HAS RECEIVED CALLS AT HIS HOME. DPW COMMISSIONER HAS MET WITH MR. MARSHALL AND ALSO WITH HIS ATTORNEY. THE WORK WILL BE DONE. CHAIRMAN - RE: THE POND BY MEMORIAL, BEHIND THE'HOUSING AUTHORITY, DOES THE DRAIN MAKE A CONNECTION? DPW COMMISSIONER - NO, IT DOESN'T GO ANYWHERE. CHAIRMAN TOTHE DPW COMMISSION - TO DO THE CALCULATIONS ON THE POND AND A REQUEST FOR A DETERMINATION / WE WILL HAVE A SITE VISIT. SECOND SOCCER FIELD TO BE DISCUSSED: CROSS STREET SOCCER FIELD. DPW COMMISSIONER AGAIN SHOWED THE PLAN AND EXPLAINED IT. THE PLAN WAS DRAWN IN 1989 FOR EXPANSION. IN THE FALL, THE UNDER BRUSH AND TREES ARE CLEARED OUT IN THE FRONT, THIS IS DONE EVERY 3 YEARS. THE CITY WILL FILE A NOTICE OF INTENT. THE SIZE WILL BE COMPARABLE TO THE CENTERVILLE SCHOOL SOCCER FIELD. AT THIS TIME, GLENN TERRY MOTIONED TO RECESS BACK INTO THE PUBLIC HEARING SESSION, AND DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. SECOND CONTINUED PUBLIC HEARING BASS HAVEN YACHT CLUB MCPHERSON DRIVE. REPRESENTING, FROM VANASSE HANGEN BRUSTLIN, MICHAEL MCNIECE, ENGR. ALSO PRESENT, TOM ALEXANDER, ATTORNEY FOR THE PROJECT, FROM THE NATIONAL DEVELOPMENT CORPORATION, TOM ALPERIN. AT THIS TIME, 6 COPIES OF CHANGES WERE SUBMITTED, DOCK LANE / RIGHT OF WAY. THE EXISTING CATCH BASIN DISCHARGES INTO THE SALT AREA AND TO REMOVE AND PLUG IT UP WITH CONCRETE (TO ABANDON) THAT IS THE PROCEDURE. A GUARDRAIL TO PROTECT THE SALT MARCH AREA. CLAYTON SMALL RE; TO THE RIGHT OF THE CATCH BASIN, THERE IS ANOTHER PIPE. MCNIECE - ALL THE CATCH BASINS WILL BE TAKEN CARE OF. DPW COMMISSIONER - RE: TO THE SEWER PUMP STATION, THERE WILL BE A SUBMERGED MANHOLE, NOT DESIGNED YET. CHAIRMAN - QUESTIONED THE SILTATION SET UP? MC NIECE - YES AND HE SHOWED IT ON THE DRAWING. CHAIRMAN - QUES. DEPTH? MC NIECE - 8-9', THE SEWERAGE IS SO LOW. CLAYTON SMALL - QUES. PROTECTION? CHAIRMAN / MCNIECE IT WILL BE TIGHT AND ENCLOSED. ALL WORK PROPOSED UPSTREAM OF HAY BALES. THE FORCE MAIN GOES OUT. CLAYTON SMALL - RE: TO THE SEWER LINE ON MCPHERSON DRIVE. MCNIECE - BASICALLY, THERE ARE NO CHANGES. CLAYTON SMALL - WILL THE TREES ALONG FENCE BE TAKEN OUT? MCNIECE THE TREES WILL BE TRIMMED AS TO REMAIN. GENERAL PUBLIC GEORGE WHITNEY FROM BASS HAVEN YACHT CLUB - REFERRED TO THE TREES LEFT ON THE PROPERTY, WILL BE OWNED BY BASS HAVEN AND WILL REMAIN THERE ARE NO TREES ON CITY LAND. CLAYTON SMALL - STATED THAT THE ONLY CITY LAND IS DOCK LANE. CLAYTON SMALL MOTIONED TO CLOSE THE HEARING AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. #5-481 STOP & SHOP / ELLIOTT STREET. ADDITIONAL SUBMITTALS WERE DISTRIBUTED AT THIS TIME. CORRESPONDENCE FROM SALEM SOUND 2000 RE: WATER QUALITY. ALSO, MORE TREES WILL BE PRESERVED FROM THE HILL AREA. ALSO ADDED 3 SETS OF 3 TREES ALONG BACK OF THE TRUCK DOCK AREA. (CORNULA NORWAY MAPLES). APPLICANT HAS INCREASED THE SIZE OF THE PLANTINGS IN FRONT AND HAS CHANGED THE DRAINAGE. POLLUTION CONCERNS. OUTLET STILL NEEDED NEAR TRUCK DOCK AREA. ADDING PAVEMENT TO ELLIOTT STREET AND A NEW CONNECTION. TO DRAIN TO ARCH CULVERT .UNDER ELLIOTT ST. ALL ROOF DRAINS OUT TO THE STREET (2' PER SECOND PEAK FLOW} VERY SLOW FLOW. (15-YR. DESIGN STORM ARE THE CITY STANDARDS). CLAYTON SMALL RE: INCREASE FLOW / CULVERT UNDER ELLIOTT ST. QUESTIONED DAMAGE TO THE FISH RUN. MC NIECE - WATER ADDED TO THE FLOW - NON SIGNIFICANT. DPW COMMISSIONER - A 1/4 OF A MILE OF DRAINAGE AREA. RE: TO THE CULVERT, FLOW FROM BASS RIVER AT LOW TIDE IS CONTROLLED BY THE DAM AT THE SHOE. AT HIGH TIDE - BASS RIVER LEVEL MAXIMUM 1' OVER THE SPILLWAY. FISH AT LOW TIDE, DAMAGE IS IMPOSSIBLE. NANCY LODGE - QUESTIONED A BEACH AND THE CLAM FLATS. MC NIECE - ESSENTIAL A RIP RAP AREA, SHOWED THE PLAN. GENERAL PUBLIC RENEE MARY - 274 HALE STREET REFERRED TO THE 25-YR. STORM, WHY NOW A 15-YR STORM. MCNIECE - RE: TO THE YEARLY HIGH TIDE AND THE 15-YR. DESIGN STORM, GOING BACK TO THE EARLY 1900'S, THE WATER STAYED PRETTY LEVEL. RENEE MARY - WHERE DOES THE WATER COME FROM? MCNIECE - STRAIGHT ACROSS ELLIOTT STREET. THE WATER FINDS ITS' WAY AROUND THE ROCK (LEDGE). DAVID LANG - THE CHANGES ARE GOOD AND WORKABLE. RE: PIPE / WHEN FULL AND DISCHARGING INTO BASS RIVER. MCNIECE ALL IN TONIGHT'S SUBMITTALS, IT STATES WILL NOT GET WATER IN THE PARKING LOT. DAVID LANG - RE: TO THE SEPARATORS, WILL THEY BE MAINTAINED? MCNIECE - STOP AND SHOP WILL MAINTAIN THEM, YEARLY STATEMENTS WILL BE MADE. DAVID LANG 2-3 YRS. FROM NOW, RE: PROOF OF MAINTENANCE, LAB TESTING AND SAMPLES. RENEE MARY - STOP AND SHOP SHOULD BE ABLE TO AFFORD IT. SAM CLEAVES FROM SALEM SOUND 2000, SPOKE TO THE COMMISSION AND REFERRED TO THE SUBMITTAL HANDED OUT TONIGHT. E.I.R.-TO WAIT FOR THEIR REVIEW. HE DOESN'T FEEL OIL AND GAS SEPARATORS ARE SUFFICIENT. COUNCILOR, PETER GILMORE FORMER MEMBER AND CHAIRMAN OF THE CONSERVATION COMMISSION, CONCURS WITH SALEM SOUND 2000 HE REPRESENTS BEVERLY. WE SHOULD WAIT FOR DEP AND THE E.I.R. REPORT. DEP HAD A PROBLEM WITH THE FORMER PLAN AND NOW IT IS CHANGED. THE BASS RIVER IS A NATURAL RESOURCE AND NOT A PIT NOT TO BE USED AS A "TOILET NOW". PETER GILMORE - THIS IS WATER QUALITY AND A LOT MORE INFORMATION IS COMING AND WE SHOULD WAIT. TOM ALPERIN OF NATIONAL DEVELOPMENT - THERE HAS BEEN INTERACTION WITH DEP, ALSO A CHAPTER 91 PROCESS AND OTHER SUCH PROCESSES AND TO PROCEED AHEAD. WANTS TO MOVE AHEAD IN AN ORDERLY MANNER. NANCY LODGE - AGREES WITH PETER GILMORE AND WANTS TO WAIT. DAVID LANG - HAS REMEDIATION BEEN PROPOSED. MCNIECE - THE BENCH / SHELF IS ON THE PLAN. PETER GILMORE - RE: TO THE E.I.R. PROCESS TONIGHT'S DESIGN IS IRRELEVANT, IF WE APPROVE. REFERRING TO WATER QUALITY, IS THIS PROPOSAL SATISFACTORY. NO SUCH INFORMATION IS BEFORE US AT THIS TIME. BRENT WILBUR - WARD 2 RESIDENT, AGREES WITH SAM CLEAVES / SALEMSOUND 2000 AND WITH COUNCILOR PETER GILMORE. TOM ALPERIN - HASN'T DEALT WITH WATER QUALITY ON PROJECT. THERE IS MORE EXTENSIVE MITIGATION DONE ON THIS PROJECT THAN ON OTHERS. CHAIRMAN - WITH THIS NEW INFORMATION, WE SHOULD CONTINUE. GLENN TERRY - THIS IS THE THIRD DESIGN, WANTS MORE TIME TO LOOK IT OVER, WE DID JUST RECEIVE THE INFORMATION TONIGHT. AND ALSO RE: TO DEP'S REVIEW AND TO ELLIOTT ST. PETER GILMORE - THIS IS NOT A "TYPICAL" PROJECT. WE SHOULD LOOK AT SOME UNTYPICAL SOLUTIONS. DAVID LANG - WANTS TO SEE A MORE DETAILED PLAN RE: SEPARATORS. GLENN TERRY - RE: TO THE WATER QUALITY INFORMATION. CHAIRMAN THE SEPARATORS ARE IN THE BACK IN THE TRUCK DOCKING AREA. IS THERE ANY OTHER INFORMATION: CLAYTON SMALL - WANTS TO SEE WHAT THE E.I.R. CONTAINS. MCNIECE - REFERRED TO MEPA, WETLAND ISSUES AND THE CONSTRUCTION ISSUES, NOW IS PREPARING A RESPONSE TO MEPA. PETER GILMORE - THE COMMISSION SHOULD GET A COPY OF THE REPORT. CLAYTON SMALL - REFERRED TO CORRESPONDENCE FROM DEP AS OF DECEMBER 21, 1994. CHAIRMAN - REQUESTED TO MCNIECE, THAT THE INFORMATION BE SENT TO THE OFFICE WITHIN A WEEK. CLAYTON SMALL - WANTS TIME TO GO OVER THE PLANS AND ALL THE INFORMATION. NANCY LODGE - WANTS TO WAIT FOR DEP'S FINDINGS BEFORE CLOSING THE HEARING. CONTINUED - APRIL 4TH. RECONVENE BACK TO THE REGULAR MEETING, MOTIONED BY CLAYTON SMALL AND SECONDED BY DR. MAYO JOHNSON. ALL IN FAVOR. ORDERS / CONDITIONS RON JACKSON 35 PAINE AVENUE #5-485 A NEW PLAN WAS SENT RE: LANDSCAPING. CLAYTON SMALL MOTIONED FOR THE. COMMISSION'S STANDARDS AND DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. ALAN COHEN 6 CAVENDISH SQUARE #5-486 CLAYTON SMALL MOTIONED FOR THE SECONDED THE MOTION. ALL IN FAVOR. STANDARDS AND DAVID LANG BEVERLY HOUSING MEMORIAL & COURTNEY DRIVE #5-487 CLAYTON SMALL MOTIONED FOR THE STANDARDS AND DR. MAYO JOHNSON SECOND THE MOTION. ALL IN FAVOR. CERTIFICATE/COMPLIANCE JOHN DEWING 155 WEST ST. #5-447. CONNOLLY BROS., CONTRACTOR. TO INVITE CONNOLLY BROS. IN FOR THE APRIL 4TH MEETING FOR A DISCUSSION ON THE PROJECT. THE COMMISSION HAS PROBLEMS WITH THE PROJECT. PERMIT EXTENSION WINTHROPS GRANT 2-YEAR EXTENSION #5-288. CLAYTON SMALL MOTIONED TO GRANT IT AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. BYLAW/ORDINANCE DISCUSSION CLAYTON SMALL MOTIONED TO ACCEPT THE BYLAWS AND TO PASS THEM ONTO THE CITY COUNCIL. DR. MAYO JOHNSON SECONDED THE MOTION. ALL IN FAVOR. ADJOURNMENT AT 11:00 P.M. MOTIONED BY GLENN TERRYAND SECONDED BY NANCY LODGE. ALL IN FAVOR. MARIE S. COTREAU / CLERK