1992-06-11CONSERVATION COMMI~ION
BEYERLY, MASSACHUSETTS
MINUTES OF JUNE 11, 1992 MEETING
MEMBERS PRESENT: CHAIRMAN PETER GILMORE, BILL LISS, GLENN TERRY AND
VINNIE COTREAU.
THE MEETING WAS CALLED TO ORDER @ 7:45 P.M..
A MOTION TO RECESS FOR THE PUBLIC HEARING SESSION WAS MADE BY
VINNIE COTREAU AND SECONDED BY BILL LISS.
ALL IN FAVOR.
FIRST CONTINUED HEARING - DOANE LOT #42 ON ESSEX STREET. #5-408.
REPRESENTING, THOMAS NEVE ASSOCIATES OF TOPSFIELD, ALSO PRESENT,
JOHN MORIN, BOTANIST.
CHAIRMAN GILMORE STATED THAT JOANNE QUILL (ABUTTER) BEING A CLIENT
OF ATTORNEY GILMORE, SPOKE OF A "CONFLICT OF INTEREST" AND SHOULD
THE CHAIR BE GIVEN TO ANOTHER MEMBER. IN THAT CASE, A QUORUM WOULD
NOT BE PRESENT. THEREFORE, THE APPLICANT HAD NO PROBLEM WITH
CHAIRMAN GILMORE PRESIDING AS THE CHAIRMAN.
TOM NEVE - BEGAN BY STATING THAT THE MEMBERS HAVE THE MOST RECENT
SUBMITTALS AS REQUESTED ON THE SITE VISIT OF JUNE SIXTH. THE
GARAGE ELEVATIONS AND THE CULVERT AND THE SPILLWAY, ALSO THE GRAVEL
DRIVEWAY, ALL HAVE BEEN PUT ON THE REVISED PLAN. THE DRAINAGE
CALCULATIONS HAVE BEEN SUBMITTED.
AS SHOWN ON THE TOPOGRAPHY, THE QUILL PROPERTY WILL NOT BE
AFFECTED, EVERYTHING WILL BE DOWN GRADIENT. THE EASEMENT WILL BE
PROVIDED ON A NEW GRAVEL DRIVEWAY JUST 10' AWAY FROM THE HOUSE.
RE: BLASTING ON LOT 29B - THE AREA IS LEDGY, POSSIBLE BLASTING
COULD BE NECESSARY. APPLICANT WILL DO SO WITH THE FIRE
DEPARTMENT'S VIEWING AUTHORITY AND APPROVAL.
PRE-DEVELOPMENT=62.3.
POST-DEVELOPMENT=63.10.
CONTROL STRUCTURE-62.98.
RE: POST DEVELOPMENT - IT IS 8/10 OF A FOOT HIGHER THAN THE
ELEVATION OF WHAT WE (CONSERVATION COMMISSION) NOW CONTROL.
THE APPLICANT HAS OFFERED TO CREATE A BOUNDARY.
VINNIE COTREAU-STATED THE REASON FOR THE BOUNDARY FROM THE
WETLANDS, IS SO IT WILL BE KNOWN.
GENERAL PUBLIC
ATTORNEY GREGG WILSON - REPRESENTING THE QUILLS, ALSO, PAUL SUMMER,
BOTANIST, HAS CONCERNS RE: THE PROJECT.
PAUL SUMMER - OF SUMMER ENVIRONMENTAL, WAKEFIELD - HAS VIEWED THE
SITE JUST TODAY - AND HE HAS DELINEATION CONCERNS RE: THE UPLAND
SHRUBS, ETC. MAINLY THE GARAGE AREA. THE COMMISSION SHOULD
CONSIDER THE DELINEATION OF THE BORDERING VEGETATED WETLANDS CORNER
OF THE GARAGE, PARTICULARLY.
THE SECOND AREA OF DISCUSSION - THE FLOOD LEVELS/ ELEVATIONS.
DOESN'T SEE COMPENSATORY STORAGE ON THE PLAN (IN THE GARAGEAREA).
VINNIE COTREAU - QUESTIONED THE GARAGE AREA OF THE FIRST HOUSE, IT
BEING 4-5'HIGHER THAN THE BORDERING VEGETATED WETLANDS.
PAUL SUMMER - COMMENTED ON THE WETLAND GRASSES ON THE SITE ALSO,
UP ABOVE FLOW LEVEL OF THE BROOK.
TOM NEVE - WOULD LIKE SOMEONE EQUALLY QUALIFIED TO COMMENT.
AND STATED THAT 50% MORE IS AN INDICATION, NOT 100% IS NECESSARY.
IF THE GARAGE IS AN ISSUE - GRADING COULD BE ELIMINATED, THE
DWELLING COULD BE MOVED 3' THEN A 4' FOUNDATION WALL WOULD BE
EXPOSED. THE GARAGE CAN BE INSTALLED WITHOUT ANY EXCAVATION. THE
TURNOUT COULD BE PLACED ON THE OTHER SIDE OF THE DRIVEWAY AWAY FROM
THE BROOK.
BILL LISS - IS CONFUSED RE: THE GARAGE ACCESS.
TOM NEVE - RE: THE FRONT ACCESS BEING STRAIGHT IN FROM THE STREET.
AGAIN STATED - THE TURNOUT COULD BE REVERSED.
GENERAL PUBLIC
ATTORNEY GREG~ WILSON - WANTS MORE TIME TO REVIEW THE NEWLY
SUBMITTED INFORMATION. ALSO THE PUBLIC WORKS COMMISSIONER WILL
REVIEW IT ALSO.
CHAIRMAN GILMORE - TO LEAVE THE RECORD OPEN FOR ANY FUTURE
SUBMITTALS.
BRIEF RECESS AT THIS TIME.
TOM NEVE - WE CAN CLOSE THE HEARING AND ISSUE THE ORDER OF
CONDITIONS. TO GIVE THE QUILLS SEVEN DAYS TO RESPOND, THEN A
DECISION CAN BE MADE.
CHAIRMAN GILMORE - ASKED THE MEMBERS WHO WANTS TO CLOSE TONIGHT?
WITH NO POSITIVE RESPONSE
TOM NEVE - THEN, ON THAT, WE SHOULD CONTINUE IN 2 WEEKS.
CONTINUED - JUNE 25TH.
NEXT CONTINUED PUBLIC HEARING - #5-412 OLD TOWN ROAD LOTS 2 AND
3.
PRESENT - OWNER/BUILDER-SYMES AND ATTY. BRAD LATHAM.
REPRESENT, PETER OGREN, HAYES ENGINEERING OF WAKEFIELD.
SUBMITTED TONIGHT A POST DEVELOPMENT PLAN OF WELLINGTON HILLS
SUBDIVISION, REVISIONS WERE MADE FROM A SITE VISIT OF JUNE SIXTH.
NO ACTIVITY HAS TAKEN PLACE OUT THERE SINCE THEN.
APPLICANT IS PROPOSING 1600' REPLACEMENT AREA - TO PUT IT
UNDERNEATH THE ROADWAY AND THE DWELLING. THERE IS NO STREAM FOR
THE BORDERING VEGETATED WETLANDS. LESS THAN 10,000 SQUARE FEET OF
SURFACE AREA - AND IS NOT ENOUGH TO DETERMINE A POND.
CHAIRMAN GILMORE - ASKED ABOUT PUTTING MARKERS TO THE NUMBER.
VINNIE COTREAU - YES, THAT WOULD BE HELPFUL IN DETERMINING.
APPLICANT IS TO USE A LOW SHRUB AS A BORDER AND THE SHRUBS ARE TO
BE IDENTIFIED.
WITH THE INFORMATION BEING SUFFICIENT, GLENN TERRY MOTIONED TO
CLOSE THE HEARING AND BILL LISS SECONDED.
ALL IN FAVOR.
NEW FILING - #5-415 PAPAGNO OF 20 FOSTERS POINT PIER REPAIR
REPRESENT, VASEK TALACKO OF HANCOCK SURVEY IN DANVERS.
HE STATED THERE WOULD BE A TOTAL OF 8 PILINGS WITH DECK
CONSTRUCTION AND THE INSTALLATION OF A GANGWAY.
VINNIE COTREAU - QUESTIONED DREDGING.
VASEK TALACKO - STATED THAT THERE WOULD BE NO DREDGING.
CHAIRMAN GILMORE - ASKED THAT IT BE PUT IN WRITING, AND ALSO THE
PILE DRIVING METHOD TO BE INCLUDED.
VINNIE COTREAU - QUESTIONED THE TYPE OF WOOD TO BE USED.
VASEK TALACKO - IT WILL BE PRESSURED TREATED LUMBER.
BILL LISS - RE: THE PILINGS - THE DEPTH AND THE STABILITY.
VASEK TALACKO - UNSURE APPROXIMATELY 20-25' DEEP INTO THE MUD.
BILL LISS - WHAT IS THE LIFE EXPECTANCY OF THE PIER?
PAPAGNO - RE: ICE ON THE RIVER, IT WOULDN'T PICK UP THE PILINGS.
THE PILINGS WILL GO IN STRAIGHT AND THE WIDER END WILL BE LOWER IN
THE MUD, ONLY 5' ABOVE. IF FREEZING OCCURS, ICE WOULD BE LIFTED.
VINNIE COTREAU MOTIONED TO CLOSE AND BILL LISS SECONDED.
UPON RECEIPT OF A LETTER RE: THE PILE DRIVING. THIS HEARING IS
CLOSED.
ALL IN FAVOR.
RECONVENE.
REQUEST FOR A DETERMINATION OF APPLICABILITY FOR THE PLANTERS @ 67-
69 HULL STREET.
CHAIRMAN GILMORE TURNED THE CHAIR OVER TO VINNIE COTREAU - PETER
GILMORE IS IN A DIRECT CONFLICT OF INTEREST BEING THAT THE OWNERS
ARE HIS CLIENTS.
BOTANIST MARCUS SPOKE ASKING THE COMMISSION TO DETERMINE THE
RESOURCE AREA.
BILL LISS TO MARCUS - YOUR PROFESSIONAL PEOPLE ARE TO DO THIS
DELINEATION. THIS IS NOT THE CONSERVATION COMMISSION'S POLICY.
GLENN TERRY - THE PLAN SHOULD BE SHOWN AT A PUBLIC HEARING WHERE
ALL CAN PARTAKE AND SPEAK.
WITH THIS, A DETERMINATION IS TO BE SIGNED ON JUNE 25TH.
#5-204 DISCUSSION LOTS 17A & B, 18 & 19 OLD TOWN ROAD.
PRESENT - PETER OGREN OF HAYES ENGINEERING IN WAKEFIELD.
ALSO PRESENT, ATTORNEY BRAD LATHAM, AND OWNER MR. SYMES.
IT IS TEN FEET FROM THE BORDERING VEGETATED WETLANDS.
PETER OGREN ASKED THE COMMISSION TO DETERMINE JUST WHERE THE
EASEMENT SHOULD BE FOR THE FUTURE OWNERS. NO EASEMENT IS SHOWN AT
THIS TIME. ALL THESE HOUSES WILL BE IN THE BUFFER ZONE. THE
CHAIRMAN SUGGESTED TO ATTORNEY LATHAM TO REVIEW THE EASEMENT LINE
WITH THE CITY SOLICITOR, TOM ALEXANDER. THE CONSERVATION EASEMENT
IS ONLY SHOWN ON THE PLAN. AND TO WORK OUT A WAIVER WITH TOM
ALEXANDER.
CERTIFICATE OF COMPLIANCE - PARTIAL FOR LOT 64 #5-184.
BILL LISS MOTIONED TO GRANT A PARTIAL AND VINNIE COTREAU SECONDED
IT.
ALL IN FAVOR.
CERTIFICATE OF-COMPLIANCE - FULL - SCIAMANNA #5-374. 10 WHITAKER
WAY.
CHAIRMAN IS TO SEND A LETTER FOR THE APPLICANT TO SUBMIT A
CORRECTED PLAN INDICATING THE AREA WHERE THE POOL FILTER IS LOCATED
AND IS NOT SHOWN ON THE PLAN AND MAY NOT DRAIN POOL WATER INTO A
WETLAND SO THAT THE BACKWASH MUST BE RELOCATED. WHEN THIS IS
SUBMITTED, THE COMMISSION IN TURN WILL THEN ISSUE THE CERTIFICATE
OF COMPLIANCE. CLERK COTREAU SPOKE WITH SCIAMANNA ON JUNE 15, 1992
AND EXPLAINED THIS TO HIM.
#5-414 BERMAN NORWOOD POND ROAD ORDER OF CONDITIONS.
VINNIE COTREAU MOTIONED FOR STANDARDS AND GLENN TERRY SECONDED.
ALL IN FAVOR.
#5-411 LOT 21 OLD TOWN ROAD ORDER OF CONDITIONS.
THE DRIVEWAY GRADING IS CHANGED.
VINNIE COTREAU MOTIONED FOR STANDARDS AND BILL LISS SECONDED.
ALL IN FAVOR.
AT THIS TIME - 9:30 P.M., BILL LISS MOTIONED TO ADJOURN AND GLENN
TERRY SECONDED.
ALL IN FAVOR.
MARIE S. COTREAU/CLERK