1992-12-10CONSERVATION COMMISSION
BEVERLY, MASSACHUSETTS
MINUTES OF DECEMBER 10, 1992 MEETING
MEMBERS PRESENT: CHAIRMAN VINNiE COTREAU, GLENN TERRY, BILL
LISS, ALIX SMALL, NANCY LODGE AND CLAYTON SMALL.
MEETING WAS CALLED TO ORDER AT 7:50 P.M.
GLENN MOTIONED FOR THE PUBLIC HEARING SESSION AND
SECONDED THE MOTION.
ALL IN FAVOR.
BILL LISS
#5-430 SYMES ASSOCIATES GROVER STREET LOTS A-B-C.
REPRESENTING, PETER OGREN FROM HAYES ENGINEERING CO.
ATTORNEY, BRAD LATHAM AND PETER OGREN, PRESIDENT OF HAYES ENGR.
EXPLAINED THE NOTICE OF INTENT IN DETAIL. THE PROJECT IS TO
CONSTRUCT 3 SINGLE FAMILY HOMES.
ALL HOUSES WILL BE BUILT IN THE BUFFER ZONE. THERE WILL BE NO
FILLING OF THE LAND BEYOND THE BORDERING VEGETATED WETLANDS.
BILL LISS - ALL HOUSES ARE BEING BUILT. OUTSIDE THE RESOURCE AREA.
CLAYTON SMALL ARRIVED AT THIS TIME.
A SITE VISIT iS SCHEDULED FOR DECEMBER 13TH AT 10 A.M.
ALL THE FLAGGING WILL BE DONE. THE MEETING PLACE - GROVER STREET
ACROSS FROM MIDDLEBURY LANE.
#5-431 MAPLEWOOD VILLAGE - GROVER STREET.
SYMES ASSOCIATES, PRESENT AL SYMES.
REPRESENTING, PETER OGREN FROM HAYES ENGINEERING CO.
ATTORNEY, BRAD LATHAM.
THE TWO AREAS THAT THE PROJECT WILL BE CONSTRUCTED ON ARE:
THE WALKER PROPERTY - STRICTLY BUFFER ZONE.
AND THE PIPER PROPERTY.
TOTAL WETLAND FILLING = 3,405 SQUARE FEET. TO BE TEMPORARILY
DISTURBED WILL BE 184 SQUARE FEET. 144 SQUARE FEET/NORTHSIDE FOR
THE PROPOSED RETAINING WALLS.
THE DRAINAGE SYSTEM DOWN UNDER ESSEX STREET. THERE EXISTS A 42"
CULVERT. THE WATERSHED IS TO INCLUDE THE BROOK AND THE WETLANDS
SYSTEM. THE WETLAND SYSTEM IS BETWEEN THE TWO PROPERTIES, COULD
BE USED AS A HYDRAULIC CONTROL. IN ADDITION, THE APPLICANT WILL
PUT 2 - 42" CULVERTS UNDER THE ROADWAY. THE PROPERTY DOES NOT SHOW
LEDGE AND IS A GOOD DRAINING AREA. THIS COULD HAVE BEEN SUBMITTED
AS A LIMITED PROJECT. A S¥~LL AMOUNT OF FILLING IS TO TAKE PLACE.
CLAYTON SMALL - QUESTIONED THE HEIGHT OF THE RETAINING WALL.
PETER OGREN - IT IS A 10' INVERT AT THE BROOK.
BILL LISS - QUESTIONED THE INCREASE OF THE RUNOFF AND WON'T IT
CONTRIBUTE TO THE GROUNDWATER?
PETER OGREN - THE 2 HYDRAULIC CONTROLS ACT IN A BIG STORM, ACT AS
1 IN A SMALL STORM.
ALSO, WILL PUT A RIP RAP APRON ON ALL THE PIPES. GAS TRAPS WILL
BE INSTALLED.
CHAIRMAN - DISCUSSION - TO ADD ANOTHER RETENTION BASIN, CUL-DE-SAC
GRADE, WHOLE STREET - STEEP AT END. 5-1/2' OF GRADE - FLAT TO 1%
THEN TO 2%. IT RUNS ALONG PARALLEL TO THE CONTOURS. THE
REPLICATION IS ALL BELOW GRADE OF 72'. RE: THE DESIGN CHANGE -
COULD REVENT THE DRAINAGE TO GO THROUGH THE WETLAND AREA TO KEEP
IT WET. FROM THE TOP OF THE HILL - 3/4 OF THE WATERSHED.
NANCY LODGE - QUESTIONED THE ARTESIAN PRESSURE IN THE LEDGE AREA.
PETER OGREN - NOT AT THE TOP OF THE HILL. HE HAS WALKED THE AREA
AND HE DOESN'T SEE THIS TO BE A PROBLEM.
CHAIRMAN - RE: THE CONTROL STRUCTURE AREA AND THE IMPACT, TO USE
AS A CROSSING.
PETER OGREN - THE BORDERING VEGETATED WETLAND WOULD BE DISTURBED
IN THAT AREA.
CLAYTON SMALL - WOULD IT BE RUNNING OFF DOWN THROUGH THE STREAM?
PETER OGREN - IT WILL BE INCREASED BY THE USE OF PAVEMENT.
CLAYTON SMALL - ASKED ABOUT THE PEAK RATE WILL BE GREATER. TO ADD
TO THE PLAN. EXISTING-62.28 FT./PROPOSED-64.79 FT.=2.4'
100-YR. 7" RAINFALL - 62.59 TO 66.98=4-1/2'
THAT AMOUNT WILL BE STORED.
CHAIRMAN ASKED IF THE WEIR WILL OVERFLOW?
PETER OGREN - NO, A 30" CRUST, TOP 67" - 100 YR. FLOOD.
CHAIRMAN - INQUIRED-EAST OF CROSSING BETWEEN THE ROAD ELEVATION AND
THE WEIR, WILL THE ROADWAY HINDER THE WETLAND? IS IT FED BY THE
RUNOFF?
PETER OGREN - THIS IS A FLAT AREA, THE BROOK DOES FLOW, IT ONLY
OVERFLOWS IN A RAINY SEASON. IT HAS A 6' OPENING/VERTICAL SIDES,
NOT MUCH BACKUP. THE WATER LEVEL - 62.28'. THE ELEVATION OF THE
EXISTING WEIR IS 62.1' THERE IS NOT MUCH CHANGE IN THE WATER
LEVEL/FLOW. A 10-YR. STORM - AN ADDITIONAL 2-1/2 FT. THE ROAD
WILL NOT STOP THE FLOW - 2-42" PIPES EXIST THERE. TWIN 42'S-T0 BE
SURE THAT THE WETLAND FLOW IS NOT INTERRUPTED. PETER OGREN HAS
GONE OUT WITH THE DPW COMMISSIONER GEORGE ZAMBOURAS TO VIEW THIS.
THERE IS NO PROBLEM CONTAINING THIS AS A WETLAND AREA.
CHAIRMA~ - ON SHANNON LANE - BOUNDARY MARKERS?
THIS HEARING CONTINUED-JANUARY 7TH.
#5-433 FRANKLIN REALTY TRUST 550 CABOT STREET
REPRESENTING, FROM HANCOCK SURVEY IN DANVERS: VACEK TALACKO.
EXPLAINED THAT SOME OF WORK IS WITHIN THE BUFFER ZONEAND THE 100'
OF BORDERING VEGETATED WETLAND. (9500 SQUARE FEET PARKING LOT.
THERE IS NO IMPACTION ON THE FLOOD PLAIN. RE: DRAINAGE - A 30"
CULVERT IS ON COLOMBIA ROAD. THE SIZE OF THE WATERSHED LENGTH OF
HYDRAULIC PATH COVER/NATURE OF THE WATERSHED. THOSE ARE THE 3
CONTROLLING VARIABLES THAT DETERMINE THE RUNOFF.
GLENN TERRY - NO IMPACT BECAUSE OF THE WATERSHED SIZE?
VACEK - THE IMPACT IS SO SMALL.
THE CHAIRMAN QUESTIONED THE FLOW INCREASE.
NANCY LODGE - THERE MUST BE SOME CHANGE.
GLENN TERRY - THERE MUST BE AN INCREASE ON THE WETLANDS.
CHAIRMAN HAS CONCERNS WITH FLOODING PEOPLE OUT.
VACEK - THERE IS 50-60' OF LAND BETWEEN THE PARKING LOT AND THE
ABUTTERS.
GLENN TERRY - QUESTIONED THE DELINEATION AND THE FLAGGING, ALSO
WANTS A SITE VISIT.
BILL LISS - IS THE RUNOFF SIGNIFICANT - SUBMIT TO GEORGE ZAMBOURAS
FOR REVIEW AND COMMENT.
CHAIRMAN - WANTS THE SITE REFLAGGED.
VACEK - WILL RESTAKE THE CORNERS OF THE PARKING LOT ALSO.
GENERAL PUBLIC
JOHN TEROSOL OF 9 COLOMBIA ROAD.
QUESTIONED WHAT IS A BUFFER ZONE AND ITS' DESIGN. IS THIS THE ONLY
HEARING?
MYRON HOOD OF 7 AUBURN ROAD. HAS A FILE DATED BACK TO APRIL 1988.
IN 1991, A BULLDOZER LEVELED THE PARKING LOT AND THE WETLANDS OFF.
IN 1984, 548 CABOT ST., BOTH WANTED TO MAKE A LARGER PARKING LOT.
BILL LISS - REMEMBERS A BULLDOZER AND THAT THE COMMISSION DID ISSUE
AN ENFORCEMENT ORDER. JUNE 6, 1991. THERE USED TO BE A WETLAND
THERE.
GLENN TERRY - ALSO WANTS GEORGE ZAMBOURAS TO REVIEW THIS.
MYRON HOOD - SUBMITTED THE FILE TO THE COMMISSION.
HEARING CONTINUED - JANUARY 7TH.
VACEK - TO FLAG BY WEDNESDAY, DEC. 16TH.
RECONVENE.
REQUEST/DETERMINATION/APPLICABILITY - DAVID MUSUMECI, BEVERLY HILLS
DRIVE. LOTS 34 AND 36.
ATTORNEY NICHOLAS DE COULAS, REPRESENTING.
IT IS AN AREA OF 2500 SQUARE FEET. IT HAS NO INLET AND THE WATER
ONLY SITS THERE. IT GOES NOWHERE.
BILL LISS - IT IS VERY STEEPLY GRADED, AND THERE IS ONLY AN OUTLET
THERE.
GULF OF MAINE OF SALEM SAYS IT IS A WETLAND.
CHAIRMAN - IT HAS AN INTERMITTENT STREAM DOWNHILL.
BILL LISS - MOTIONED TO GRANT A NEGATIVE DETERMINATION AND GLENN
TERRY SECONDED THE MOTION.
IN OPPOSITION, NANCY LODGE AND VINNIE COTREAU. 2 TO 2. MOTION
FAILS.
ENGR. WM. O'NEILL OF DANVERS, RE: INTERMITTENT STREAMS/WETLAND
VEGETATION. ANYTHING ABOVE WETLANDS ARE DRAINAGE CANALS. THE
WATER FLOWS INTO A PIPE AND THEN DRAINS OUT. THE HABITAT STUDY -
TOO SMALL.
BILL LISS - SAW ONLY FRAGMITESAND STICKER BURRS THERE ON THE SITE.
BILL LISS ASKED FOR A RECONSIDERATION AND GLENN TERRY SECONDED.
DETERMINATION IS POSITIVE.
ALIX SMALL SUSTAINED, DID NOT SEE THE SITE.
CERTIFICATE OF COMPLIANCE FOR EAGLE LANE SUBDIVISION #5-390.
TED LEIGH.
CHAIRMAN TO TED LEIGH - THE ORIGINAL PLAN PROPOSED A LOT OF WORK
AND CHANGED A LOT OF GRADES.
TABLED - JANUARY 7TH.
MOTIONED BY GLENN TERRY AND SECONDED BY BILL LISS. ALL IN FAVOR.
TWO CERTIFICATES OF COMPLIANCE: #5-204/LOT 25/OLD TOWN ROAD.
#5-184/LOT 16/22 LANDERS DRIVE.
A MOTION TO TABLE MADE BY BILL LISS AND SECONDED BY GLENN TERRY.
NOONE LOOKED AT THE SITES. ALL IN FAVOR.
A MOTION TO TABLE LOT #49/BEAVER POND FOR A DISCUSSION BY HYLAND.
#5-184, MADE BY BILL LISS AND SECONDED BY GLENN TERRY. ALL IN
FAVOR.
HUNTERS NANCY LODGE MOTIONED IN FAVOR OF THE FOLLOWING CONDITION
AND GLENN TERRY SECONDED IT.
CONSERVATION LAND RULES AND REGULATIONS.
RE: HUNTING - A MOTION THAT ALL, HENCE FORWARD, CONSERVATION LAND
SHALL BE USED ONLY FOR PASSIVE RECREATION. THIS EXCLUDES HUNTING,
DISCHARGING OF, AN~ WEAPONS, USE OF MOTORIZED VEHICLES AND OPEN
FIRES. OVERNIGHT CAMPING WILL BE BY PERMISSION OF THE CONSERVATION
COMMISSION.
ALL IN FAVOR.
AT THIS TIME, NANCY LODGE MOTIONED TO HOLD A PUBLIC HEARING RE: THE
BRIDGE AND THE COAST GUARD. RE: HOT SPOTS. ALIX SMALL SECONDED
THE MOTION.
ALL IN FAVOR.
BILL LISS RECALLS THE BOARD OF HEALTH AND THE LEVELS OF RADIATION
BEING SO SMALL.
THE CHAIRMAN TOLD NANCY LODGE TO GATHER ALL THE INFORMATION AND
BRING IT TO US.
AT THIS TIME - 10:20 P.M. - GLENN TERRY MOTIONED TO ADJOURN AND
BILL LISS SECONDED.
ALL IN FAVOR.
CLAYTON SMALL WILL LOOK AT THE TWO CERTIFICATE OF COMPLIANCES THAT
ARE TABLED.
MARIE S. COTREAU/CLERK