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1992-05-28CONSERVATION COMMISSION BEVERLY. MASSACHUSETTS MINUTES OF MAY 28, 1992 MEETING MEMBERS PRESENT: CHAIRMAN PETER GILMORE, BILL LISS, GLENN TERRY AND VINNIE COTREAU. THE MEETING WAS CALLED TO ORDER AT 7:45 P.M.. GLENN TERRY MOTIONED IN FAVOR OF THE PUBLIC BILL LISS SECONDED THE MOTION. ALL IN FAVOR. HEARING SESSION AND FIRST CONTINUED PUBLIC HEARING DOANE LOT 42 ESSEX ST. REPRESENTING, ENGINEER, JOHN MORIN, NEVE ASSOCIATES. HE SUBMITTED A WRITTEN REPORT BY A BIOLOGIST WITH A NEWLY REVISED PLAN (SITE DEVELOPMENT). LOT 29A HAS BEEN MOVED 20' FURTHER BACK, THE WETLAND LINE HAS BEEN DELINEATED (FLAG # D!-10) ELEVATION 62.3 HAS BEEN PUT ON THE PLAN. TOPOGRAPHIC FOUNDATION AND THE GARAGE ELEVATION HAS ALSO BEEN PROVIDED. VINNIE COTREAU - AGREES WITH THE DELINEATION. ON LOT A, VERY LITTLE BACKYARD EXISTS. WOULD LIKE A PERMANENT WETLANDS MARKER SO NOTHING WILL INFRINGE ON THE WETLANDS. CHAIRMAN GILMORE - STATED THAT COULD BE PUT IN THE ORDER OF CONDITIONS. GENERAL PUBLIC TOM SEARS OF 579 CABOT STREET - STATED WATER CONCERNS/WATER TABLE. ENGR. MORIN - THERE IS A 15' SIDE SETBACK FROM THE PROPERTY LINE TO THE WETLANDS. MARK PHILIP - 452 ESSEX STREET - QUESTIONED THE WETLAND VEGETATION. STATED THERE ARE SPECIES OF FERN AND CABBAGE NEAR THE WETLANDS. CHAIRMAN GILMORE - THERE .MAY BE IN THE BUFFER ZONE, BUT IF IT DOESN'T RISE TO A CERTAIN LIMIT, IT IS NOT IN OUR JURISDICTION. MORIN - IT WILL CHANGE THE SURROUNDING AREA BUT NOT IN DIRECT WETLANDS AS TO DISTURB WILDLIFE HABITAT. MRS. QUILL - 452 ESSEX STREET - STATED THE LAND HAS ALWAYS BEEN FLOODED. JOANNE QUILL - 452 REAR ESSEX STREET - WATER CONCERNS AND FLOODING. ENGR. MORIN - STATED TOP ELEVATION IS 68' AND THE BASEMENT ELEVATION IS 61.5 FEET. THE PIPE ELEVATION UNDER ESSEX STREET IS 60.95 FEET. JOANNE QUILL - CONCERNED WITH THE EASEMENT THAT WAS PROMISED IN WRITING BY TONY PETRUCCI (FORMER OWNER). PAUL DOANE - 8 DECATUR STREET, GLOUCESTER TOLD HER THAT SHE WILL GET THE EASEMENT AND THERE IS NO PROBLEM, NOT TO BE CONCERNED. BILL LISS - RE: THE NEW PLAN - TOP OF FOUNDATION. ENGR. MORIN - LOT 29A 60.75 BASEMENT ELEVATION LOT 29B 62.75 " " BILL LI£~ - FLOOD ZONE - 62.3 FEET SHOULD TAKE INTO CONSIDERATION. ENGR. MOFi~ - HOUSE IS 30' FROM ELEVATION, WILL NOT FLOOD. ALSO THE DRIVEWAY WILL BE GRAVEL NOT PAVED. CHAIRMA~ ~iLMORE - RE: 452 ESSEX STREET - SEPTIC SYSTEM AND WHERE IS IT LOCATED? ALSO, TO 2NCLUDE THIS ON THE PLAN AND THE LEGEND TO BE PUT ON THE PLAN. TOM SEAR~ - STATED THERE IS LEDGE AND THAT WOULD DETERMINE THE WATER. CHAIRMAK 32LMORE - TO BE PUT ON THE PLAN: ELEVATION SEPTIC SYSTEM RIGHT OF WAY THIS HEARING TO BE CONTINUED JUNE llTH. CONTINUEi BERMAN LOT 19B · NORWOOD POND ROAD. REPRESENUiNG, JAMES O'DAY. C.E.C. CIVIL ENVIRONMENTAL CONSULTANTS. THE SEPTii SYSTEM IS OUTSIDE THE BUFFER ZONE, THERE IS A PUBLIC WATER SU}FLY. THE SEPTIC TANK IS IN THE BUFFER ZONE. THE HAY BALES WILl BE STAKED ON THE POND SIDE. OUR CONSTRUCTION WILL ONLY TAKE THE NECESSARY TREES TO BUILD THE HOUSE. VINNIE CCTREAU - QUESTIONED THE SHORELINE, AND WANTS A LIST OF THE WETLAND ~ECIES. O'DAY - SiATED THAT NO LARGE TREES WILL BE CUT. VINNIE CCCREAU - CHECKED WITH THE HEALTH DEPARTMENT/LEO PANUNZIO RE: THE ~EPTIC SYSTEM AND THERE IS NO PROBLEM. (1175 GALLONS PER DAY). O'DA¥ - %qNT ON TO STATE THAT THE FOUR CORNERS ARE STAKED WITH ORANGE FLAGS, AND THE WETLANDS ARE FLAGGED IN BLUE, THE SEPTIC SYSTEM iS DUTLINED WITH YELLOW BEAN POLES. THE INFOk%ATION BEING SUFFICIENT, VINNIE COTREAU MOTIONED TO CLOSE THE HEARi);~ AND GLENN TERRY SECONDED IT. ALL IN FAVOR. #5-411 LOT 21 BEAVER POND BRANDT DEVELOPMENT. REPRESENU. iNG, CARL BALSLEY FROM HAYES ENGINEERING COMPANY. ALSO PRE£ENT: DENNIS SYHES, BUILDER. THE ORDE? DF CONDITIONS ARE UNDER #5-184, ADJACENT TO MIDDLEBURY LANE. WORK DONE - STONE RIP RAP ALONG DRIVEWAY AND THE GRADING. ALL PROPOSED YDRK DONE WITHIN THE 100' BUFFER ZONE. VINNIE COUREAU - QUESTIONED THE DRIVEWAY? CARL BALSlEY - STATED THE DRIVEWAY - PAVED. CHAIRMAN ~iLMORE - WHERE DOES IT DRAIN TO? CARL BAL$1EY - DOWN WESTERLY TOWARDS THE HOUSE AND DISCHARGES IN A NORTHEFLY DIRECTION. THE HOUSE ELEVATION IS 66.5 FEET AND THE ROAD IS 1~' HIGHER. CHAIRMAN ~ILMORE - THE RIP RAP SHOULD RUN ALL THE WAY TO THE SIDEWALK ~LSO, CLEAN OUT THE GRASS CLIPPINGS BEFORE THE EROSION CONTROL tS INSTALLED. VINNIE CO."?,EAU - WANTS THE APPLICANT TO INSTALL A SILTATION FENCE UNDER THE F. AY BALES. ALSO, RE: THE TRENCH ALONG THE DRIVEWAY AND IT BEING SO CLOSE AND WITH A QUICK DROPOFF. CARL BALSLEY - WOULD A RIP RAP SLOPE WOULD SERVE? CHAIRMAN GILMORE - ASKED ABOUT A SWALE. CARL BALSLEY - WILL REGRADE THE DRIVEWAY WITH A CRUSHED STONE APRON. CHAIRMAN GILMORE - ASKED THE APPLICANT TO SEND IN A REVISED PLAN RE: REGRADING THE DRIVEWAY. BILL LISS MOTIONED TO CLOSE THE HEARING AND GLENN TERRY SECONDED IT. ALL IN FAVOR. #5-412 LOTS 2 & 3 OLD TOWN ROAD OAK HEIGHTS SUBDIVISION. REPRESENTING, CARL BALSLEY FROM HAYES ENGINEERING CO. ALSO PRESENT, BUILDER, DENNIS SYMES. THE AREA IS CLASSIFIED AS LAND SUBJECT TO FLOODING. THE LAND IS BASICALLY A PONDING AREA. WITH A 80.5 FOOT ELEVATION THERE IS NO DEFINITIVE CHANNEL IN THE GROUND. THE APPLICANT PROPOSES TO FILL 1000 SQUARE FEET. ALSO PROPOSING TO MITIGATE AND WILL REPLACE ANY VOLUME METRIC STORAGE. THE DRIVEWAY WILL BE PAVED WITH BITUMINOUS CONCRETE. VINNIE COTREAU - THE ROAD SHOULD HAVE BEEN REPLICATED. CARL BALSLEY - NO ACTIVITY IS IN THE AREA YET. WE ARE CREATING 2600 SQUARE FEET, WE LOST 1000 SQUARE FEET. WE PLANT TO ALTER AN ADDITIONAL 1000 SQUARE FEET FOR THE HOUSE ACCOMMODATION ON LOT 2. CHAIRMAN GILMORE - RE: REPLICATION INTO PROPOSED GRADED AREA, WANTS A DEFINITION TO AMEND THE PLANT AND TO CONFORM WITH THE REGULATIONS. (WHERE 1600 SQUARE FEET WAS TAKEN FROM)? CARL BALSLEY - I WILL AMEND THE PLANS. A SITE VISIT IS IN ORDER. JUNE 6 AT 11:00 A.M. SATURDAY. THE HOUSES ARE TO BE STAKED. THIS HEARING TO BE CONTINUED - JUNE 11TH. #5-325 CITY OF BEVERLY PERSHING AVENUE PUMP STATION IMPROVEMENTS. CHAIRMAN GILMORE READ ALOUD A LETTER SUBMITTED TO MAYOR MONA}lAN FROM MEMBER, VINCENT COTREAU. RE: A CONFLICT OF INTEREST BEING HIS WIFE IS EMPLOYED BY THE DPW COMMISSIONER AND CLERK TO THE COMMISSION. NO CONFLICT INVOLVED, MEMBER IS ABLE TO VOTE. COMMISSIONER GEORGE ZAMBOURAS SUBMITTED A LETTER STATING MODIFICATIONS (ON FILE}, STATING THAT THE GENERATOR IS 61 FEET FROM THE EDGE OF THE WATER, MANY SAFETY MEASURES HAVE BEEN TAKEN TO AS TO PREVENT ANY OIL LEAKS GOING INTO WENHAM LAKE. CHAIRMAN GILMORE - QUESTIONED WHY WAS THIS LOCATION CHOSEN? COMMISSIONER ZAMBOURAS - IT WOULD NOT BE GOOD NEAR A WATER MAIN, AND THE ONLY OTHER SPOT WOULD BE CLOSER TO HOUSES IN THE AREA. FOR A YEAR AND A HALF, BOTH PUMPS WILL BE NEEDED, AND THEN THE NEW WATER TOWER WILL TAKE A YEAR AND A HALF TO FILL WITH WATER. ALDERMAN BILL COUGHLIN FROM WARD 5 - READ A LETTER INTO THE RECORD (ON FILE), IN FAVOR TO KEEP IT WHERE IT IS SO AS NOT ALSO TO COST THE TAXPAYERS ANY MORE MONEY TO MOVE IT IF IT IS SAFE NOW. PRESIDENT OF THE ALDERMANIC BOARD, BRUCE BURGESS READ A LETTER FROM ALDERMAN JAMES DOHERTY, WHO COULD NOT BE HERE TONIGHT, HIS CONCERNS ARE WITH THE WATER SUPPLY AND KEEPING THE GENERATOR AWAY FROM IT. IT SHOULD BE ELSEWHERE. COMMISSIONER ZAMBOURAS - RE: PROPANE - IT IS NOT APPROPRIATE - NEIGHBORS WOULD CONSIDER IT A TIMEBOMB. TO BUILD ANOTHER BUILDING WOULD COST $40,00 TO $60,000. THE TANK IS 75 FEET FROM THE WATER AND THE GENERATOR IS 61 FEET FROM THE WATER. VINNIE COTREAU - QUESTIONED THE UNDERGROUND LINE. COMMISSIONER ZAMBOURAS - IT IS 18". ALDERMAN RAY BATTISTELLI - COMMENTED ON THE EXHAUST FUMES. COMMISSIONER ZAMBOURAS - STATED THAT EXHAUST FUMES ARE NOT THE CONCERNS OF THIS COMMISSION. GLENN TERRY - STATED THAT ALL THE HOUSES ARE WITHIN 100 FEET OF THE LAKE. GENERAL PUBLIC GEORGE WHITE OF 13 LAKEVIEW AVENUE - IS CONFUSED WITH OUR JURISDICTION, BEING THAT FUMES ARE NOT OUR CONCERN. SANDY MATTEA - ATTORNEY WITH BACKMAN AND BREWSTER. HEALTH CONCERNS. THIS IS A CLEAR VIOLATION OF PROTECTION ACT. HE SPOKE RE: THE WETLANDS LORING MERROW OF 4 LAKESIDE AVENUE. STATED THAT THE GENERATOR IS TOO CLOSE TO THE LAKE. THE CONSTRUCTION STATES A LACK OF CONCERN AND CARING AND THERE ARE NO HAY BALES TO PREVENT SILTATION. ALSO A CONCERN OF DIESEL FUEL LEFT THERE FOR SEVERAL DAYS. ATTORNEY MATTEA - STATED THAT THERE IS A NEED TO BE CONCERNED RE: THE RISKS AND ALTERNATIVE LOCATIONS SHOULD BE CONSIDERED. CHAIRMAN GILMORE - ASKED RE: NATURAL GAS, HOW DO THE PEOPLE FEEL ABOUT IT? ATTORNEY MATTEA - IT IS STILL TOO CLOSE TO THE WATER SUPPLY. MICHAEL GEGGATT OF 6 LAKESIDE AVENUE COMMENTED ON THE DRAIN LINE AND IT GOING INTO THE LAKE. COMMISSIONER ZAMBOURAS - IT IS AN ABANDONED LINE. CHRISTOPHER GREENE OF 70 HIGHEST., SALEM - WE SHOULD TAKE THIS SERIOUSLY. RAY BATTISTELLI - RE: GAS, WHY WASN'T THIS USED ALREADY? COMMISSIONER ZAMBOURAS - THIS WAS DESIGNED BEFORE MY TERM AS COMMISSIONER. RAY HATTISTELLI - TO PROTECT THE WATER AT ALL COSTS, SHOULD CONVERT TO GAS. WHAT ABOUT THE HOUSE OR HOUSES ON THE PROPERTY? GLENN TERRY - CONCURS WITH COMMISSIONER ZAMBOURAS - IT IS ALL TO MAKE IT SAFER AS IT IS NOW. VINNIE COTREAU - STATED THAT THE RESIDENTS WANT US TO DESIGN THIS FOR THEM, IT IS NOT IN OUR JURISDICTION. RON WEAVER OF 11 LAKEVIEW AVENUE. WHEN DID ALL THIS COME INTO EFFECT? COMMISSIONER ZAMBOURAS - APRIL 1989. IT BECAME AWARE IN DECEMBER OF 1991 THAT THERE WAS AN ERROR IN DRAFTING RE: SIZE. LORING MERROW - WE ARE NOT ASKING THE COMMISSION TO RE-DESIGN FOR US. COMMISSIONER ZAMBOURAS - RE: THE OLD BUILDING ON THE SITE, IT IS THE CITY OF SALEM'S PROPERTY AND IT DOES NOT HAVE A VENT LINING. RE: DEP'S REGULATIONS, WE DO REQUIRE A STANDBY GENERATOR - 61 FEET ORIGINAL DISTANCE. BILL LISS - COULD WE CONDITION IN THE ORDERS? GLENN TERRY - LOCATION IS THE QUESTION. CHAIRMAN GILMORE - LOCATION HAS NO ENVIRONMENTAL IMPACT WITH THIS COMMISSION. IN TRYING TO REASON WITH BACKMAN'S ATTORNEY. NEIGHBORHOOD BEAUTIFICATION IS NOT OUR ISSUE. IT IS NOT IN OUR JURISDICTION. VINNIE COTREAU - QUESTIONED FUEL THAT VEHICLES PRODUCE, WHAT ABOUT THAT CONTAMINATION. ALDERMAN BURGESS - THIS COMMISSION SHOULD LISTEN BECAUSE IT DOES HAVE POWER. ALDERMAN COUGHLIN - FEARS A LITIGATION AND A HEARING SHOULD TAKE PLACE. GLENN TERRY - SAID THIS IS A PUBLIC HEARING. CHAIRMAN GILMORE - AGAIN - STATED THAT THE ONLY CONCERN IS WITH THE WATER SUPPLY NOT WITH THE AESTHETICS OF THIS PROJECT. CHAIRMAN GILMORE - AT THIS TIME, WHAT IS THE PLEASURE OF THE COMMISSION. BILL LISS - NO MATTER WHERE YOU LIVE, THERE IS SOMETHING SOMEONE IS NOT COMPLETELY MAPP¥.WITH, WITH THIS MOTIONED TO CLOSE THE HEARING AND VINNIE COTREAU SECONDED THE MOTION. GLENN TERRY STATED THERE IS A 21-DAY DECISION. ALL IN FAVOR. RECONVENE. CERTIFICATES OF COMPLIANCE: (3) #5-172 VINNIE COTREAU MOTIONED FOR A PARTIAL FOR PILGRIM HEIGHTS AND BILL LISS SECONDED THE MOTION. ALL IN FAVOR. #5-184 VINNIE COTREAU MOTIONED FOR A PARTIAL FOR BEAVER POND ON LOT 19, AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. #5-184 VINNIE COTREAU MOTIONED FOR A PARTIAL FOR BEAVER POND ON LOT 47, AND GLENN TERRY SECONDED THE MOTION. ALL IN FAVOR. PERMIT EXTENSIONS: (2) #5-158 L'ITALIEN HATHAWAY AVENUE ONE YEAR BILL LISS MOTIONED TO GRANT IT AND GLENN TERRY SECONDED IT. ALL IN FAVOR. #5-120 DE LORENZO 405 ESSEX STREET ONE YEAR GLENN TERRY MOTIONED TO GRANT IT AND BILL LISS SECONDED IT. STIPULATION: DE LORENZO WILL PUT SILT IN FRONT OF THE HAY BALES. ALL IN FAVOR. ORDER OF CONDITIONS: (5) GROVER STREET LOTS 56 THROUGH 60. VINNIE COTREAU MOTIONED THAT THEY BE NON-SIGNIFICANTAND BILL LISS SECONDED THE MOTION ALL IN FAVOR. #5-399 GROVER STREET LOT #10 BILL LISS MOTIONED FOR STANDARDS SECONDED. ALL IN FAVOR. AND GLENN TERRY #5-405 OLD PLANTERS ROAD LOT #71 VINNIE COTREAU MOTIONED FOR STANDARDS AND BILL LISS SECONDED. ALL IN FAVOR. #5-413 CITY OF BEVERLY BARTLETT GARDENS VINNIE COTREAU MOTIONED FOR STANDARDS AND BILL LISS SECONDED. STIPULATION: THE LAST 15' ARE TO BE DUG BY HAND AND A PERFORATED PIPE IS TO BE USED. ALL IN FAVOR. #5-410 SERAFINI LOT 26 PAINE AVENUE BILL LISS MOTIONED FOR STANDARDS AND GLENN TERRY SECONDED. ALL IN FAVOR. WITH ALL BUSINESS DONE FOR THE EVENING, GLENN TERRY MOTIONED TO ADJOURN AT 10:45 P.M. AND BILL LISS SECONDED THE MOTION. ALL IN FAVOR. MARIE S. COTREAU/CLERK