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1993-09-09CON~E RYATION COMMI~=ION BEVERLY. MASSACHUSETTS MINUTES OF SEPTEMBER 9, 1993 MEMBERS PRESENT: CHAIRIiANVINNIE COTREAU, BILL LISS, CLAYTON SHALL AND NANCY LODGE. THE MEETING WAS CALLED TO ORDER @ 7:45 P.M.. PUBLIC HEARING SESSION MOTIONED BY BILL LISS AND SECONDED BY NANCY LODGE. ALL IN FAVOR. FIRST HEARING FRENCH 3 BOYDEN STREET LOTS 43 & 45 TREE CUTTING IN THE BUFFER ZONE. THE APPLICANT WILL USE A CHIPPER. BOTH THE CHAIRMAN & BILL LISS - VIEWED THE SITE, AND RE: TREES AROUND THE PERIMETER OF THE PROPERTY AND IN THE BUFFER ZONE, HAVE NO PROBLEM WITH THIS PROJECT. THEREFORE, BILL LISS MOTIONED TO CLOSE THE HEARING AND NANCY LODGE SECONDED IT. ALL IN FAVOR. #5-448 HANCOCK SURVEY 208 HART ST. PARCEL 5B SINGLE DWELLING. JOHN DICK, REPRESENTING. THERE IS A 20' ZONING ON THIS LOT, WILL GRADE UP TO THE TOP OF AN EXCAVATED BANK. THE EXISTING GRADE KICKS UP TO THE TOP OF THE BANK. THERE ARE NO GUTTERS NOR DRAINS ON THIS HOUSE. CHAIRHAN QUESTIONED THERE ARE NO FLOOR DRAINS. NANCY LODGE - ASKED ABOUT PEBBLES INSTEAD OF CONCRETE? JOHN DICK - HAS CONSIDERED IT, BUT THE APPLICANT WANTS PAVING. HE WILL MENTION IT TO THE CLIENT. IT DOES REQUIRE MAINTENANCE, IT IS UNSATISFACTORY AND IT DOES BREAK UP. BILL LISS - RE: THE EXCAVATED MATERIAL? JOHN DICK - THERE WILL NOT BE MUCH OF IT AND IT WILL BE USED MOSTLY FOR GRADING IN THE FRONT OF THE HOUSE TOWARDS THE STREET,(GOOD GRAVEL). IT WILL GO DOWN 2 YARDS TO ACCOMMODATE THE FOOTINGS. IT IS PERMEABLE HATERIAL BUT HARD. THE REST OF THE BACKYARD WILL BE GRASS AND WILL BE LANDSCAPED. CLAYTON SHALL - ASKED ABOUT A TEMPORARY STORAGE AREA? JOHN DICK - THE WEEDS AND OTHER OVERGROWN STUFF SUCH AS RAGWEED WILL BE USED FOR STORAGE UNTIL CONSTRUCTION, NO TOP SOIL WILL BE USED. BILL LISS - INQUIRED ABOUT BLASTING? JOHN DICK - THERE WILL BE NO BLASTING. CLAYTON SHALL - WE HAVE SUFFICIENT INFORMATION, AND MOTIONED TO CLOSE THE HEARING AND BILL LISS SECONDED. ALL IN FAVOR. THE DHAINS ARE TO CONDITIONED WHEN ISSUING THE ORDER OF CONDITIONS. NANCY LODGE - INQUIRED ABOUT PEBBLES FOR THE DRIVEWAY. THE CHAIRHAN SEES NO PROBLEM WITH THE DRIVEWAY. -2- SECOND HEARING EMERGENCY ORDER: BP OIL & REAR OF ENON STREET. WARD 5 ALDERMAN BILL COUGHLIN PRESENT TO READ A LETTER. (ON FILE). ALSO PRESENT, TOM KNOWLTON, SALEM BEVERLY WATER BOARD AND THE DPW COMMISSIONER, GEORGE ZAMBOURAS. BRUCE ROSS OF GEOLOGICAL SERVICES SUBMITTED INFORMATION AND A HAP AT THIS TIME TO THE COMMISSION. A SHALL DRILL RIG IS TO BE IN THE BUFFER ZONE. THIS IS A 2-DAY PROJECT, AND THERE WILL BE NO IMPACT. THE APPLICANT WILL DRIVE THE ROD 125' DOWN AND WILL PLACE A PVC SCREEN AND A RISER FOR MONITORING PURPOSES. CHAIRHAN - QUESTIONED THE PURPOSE OF WELLS. ROSS - TO GET THE GROUNDWATER DATA IN THE AREA. ONE WELL WILL BE BEHIND THE SHOPPING CENTER AND 2 MORE WELLS CLOSER TO THE RESERVOIR. ALDERMAN COUGHLIN - RE: A WELL-THE NEAREST TO THE WATER SUPPLY. ROSS - NWl3, IT IS QUITE A DISTANCE FROM THE FILTRATION PLANT. THE LATEST WELL FROM THE LAKE WILL BE APPROXIHATELY 120~. BILL LISS - ASKED HOW FAR FROM THE OTHER NEAREST WELL? TOM KNOWLTON - 175 TO 180~. BILL LISS - WILL THERE BE MORE WELLS? ROSS - DEPENDING ON WHAT IS FOUND. CHAIRHAN - INITIALLY, ONLY 2 WELLS AND WERE TO BE USED FOR GROUNDWATER SAMPLING. ROSS - THIS HAS BEEN AN ONGOING INVESTIGATION SINCE 1991 SINCE THE FIRST INVESTIGATION. TOM KNOWLTON - STATED THAT HE HAS ALWAYS BEEN KEPT INFORMED ANDHAS ALSO SUBMITTED A LETTER (ON FILE). WHEN THE LAKE IS DOWN THERE IS LESS FEROCITY IN THE TOP SOIL. BILL COUGHLIN - RE: THE TANKS AND BEING CHECKED UP THERE. ROSS - GIBBS RESPONSIBILITY, BP HAS NO AUTHORITY, MUST GO THROUGH GIBBS OIL. ROSS - WOULD LIKE TO GET 2 WELLS IN AS SOON AS POSSIBLE. GENERAL PUBLIC DOMINIC HANZIOLI - QUESTIONED THE DATA SINCE 1991, HE KNOWS OF LITERATURE SINCE 1989. ROSS - WORKING VERY CLOSE WITH ALL CONCERNED PARTIES AND WILL ACQUIRE THE PROPER PERMITS. DPW COMMISSIONER ZAMBOURAS - STATED THAT THE DISCUSSION IS GOING ASTRAY AND THAT BP OIL IS HERE TO ACCESS THE SPILL AND IT IS GETTING CLOSER TO THE LAKE. WE WANT THE PROBLEM SOLVED, WE DO NOT WANT ANYMORE TO GO INTO THE LAKE. BILL LISS - IS THERE AN~ FURTHER APPROVAL NEEDED, BECAUSE TIME IS OF THE ESSENCE. BILL LISS MOTIONED TO GRANT THE EMERGENCY ORDER AND CLAYTON SHALL SECONDED THE MOTION. ALL IN FAVOR. -3- THIRD HEARING DAN FINN LOT 2 BRIDAL PATH LANE CUTTING AND REMOVAL OF TREES WITHIN A 100' BUFFER ZONE AND ALSO TO STABILIZE THE AREA. THE NEW OWNER WANTS THE TREES REMOVED AND TO PLANT GRASS. WILL STAY 15' AWAY FROM THE HAY BALES. WHEN GROUNDCOVER IS REJUVENATED, WILL THEN REMOVE HAY BALES. BILL LISS - QUESTIONED HOW HANY TREES WILL BE REMOVED? FINN - 20 TREES - 12" TO 20" - 80~ HIGH PINES. THERE IS ONE OAK TREE, VERY DECREPID. BILL LISS - QUESTIONED WHAT WILL BECOME OF THE TREES ONCE REMOVED. FINN - THEY WILL BE TAKEN TO A MILL AND BUSH CHIPPED AND THEN USED FOR LANDSCAPING. CLAYTON SMALL - RE: LOGS. FINN - WILL LIFT THE LOGS OVER THE STREAM AND BRING THEM BACK ACROSS. CHAIRMAN - IS THE WHOLE AREA IS IN THE BUFFER ZONE? FINN - YES. CHAIRMAN - NO ROOTS TAKEN OUT? FINN - JUST CHIPPED DOWN. CLAYTON SMALL - QUESTIONED THE BRIDGE. FINN - YES, AND POINTED ON THE MAP NEAR F2. PLAN ON FILE. (16' BRIDGE). CLAYTON SMALL - HOW MUCH CLEARING. FINN - VERY LITTLE, TO REMOVE MAYBE ONE TREE. BILL LISS - MOTIONED THE INFORMATION IS SUFFICIENT AND TO CLOSE THE HEARING, NANCY LODGE SECONDED IT. CHAIRMAN - TO FINN - TO PLACE THE BRIDGE ON THE PLAN. ALL IN FAVOR. #5-447 DEWING 155 WEST STREET RETAINING WALL. PETER OGREN HAYES ENGINEERING STEVE CONNOLLY OF CONNOLLY BROS. ON THE OCEAN SIDE TO CONSTRUCT A RETAINING WALL. LEDGY COASTLINE. THE PROJECT IS TO PREVENT EROSION WHICH ENDANGERS THE DWELLING. THE WAVE HIGH IS 20' IN ELEVATION. THE WALL WILL BE DOUBLY REINFORCED AND REINFORCED FOR WAVES. CHAIRMAN - ASKED ABOUT THE CONSTRUCTION PROGRESS. PETER OGREN - THE CONSTRUCTION WILL BE FROM THE LANDWARD SIDE TO GROUT RODS INTO THE LEDGE (SOUND) INTO THE ROOF OF THE WALL. A GROUND PUMP WILL BE USED FOR CONCRETE FORMS. THERE IS NO NEED TO ACCESS ON THE COAST. NANCY LODGE - HOW DO YOU KNOW IT WILL WORK PROPERLY. PETER OGREN - IT WILL BE PROPERLY BACKFILLED BEHIND. IT MIMICS THE COASTLINE AS IT WAS AND HAS KEPT THE WALL IN A CURVE. IT WILL BUTT UP AGAINST THE EXISTING WALL. CLAYTON SMALL - RE: THE LENGTH. PETER OGREN - 380' NANCY LODGE - RE: SAND. PETER OGREN - IT IS AN OPEN TIDY, COASTAL, ROCKY SHORE. THE WALL IS NOT IN THE BEACH AREA. CLAYTON SMALL - QUESTIONED COASTAL REGS. AND BEACH NOURISHMENT. -4- PETER OGREN - DEP SAYS: ONE CAN BUILD WHEN THERE IS AN EXISTING DWELLING, NOT A NEW DWELLING. THIS IS NOT A MAJOR SOURCE OF COASTAL SEDIMENT. CLAYTON SMALL - WH~ A WALL OUT SO CLOSE TO THE BEACH AND HOW DOES IT FALL IN A 100-YR. STORM. PETER OGREN - TOOK A NATURAL SPOT, NEAR SOLID LEDGE TO GET GOOD SOUND FOOTINGS FOR THE WALL. CLAYTON SMALL - QUESTIONED PERMITS. PETER OGREN - NO OTHER PERMITS NECESSARY JUST BUILDING PERMIT. CHAPTER 91, ONLY IF BELOW MEAN HIGH WATER ELEVATION. THEREFORE, DOESN'T REQUIRE CHAPTER 91 LICENSE. STEVE CONNOLLY - EXPLAINED TO CLAYTON SMALL, THE WALL IS AT THE TOE OF THE EROSION THAT EXISTS. THE WALL WILL NOT ERODE, LEDGE BEING AS STRONG AS CONCRETE. WITH THE INFORMATION BEING SUFFICIENT, CLAYTON SMALL MOTIONED TO CLOSE THE HEARING AND BILL LISS SECONDED IT. ALL IN FAVOR. #§-446 JOHN NEWBERRY HAYES ENGINEERING PETER OGREN 175 WEST STREET. STEVE CONNOLLY OF CONNOLLY BROS. TO REPAIR A PIER AND A RUNWAY. LOCATED EASTERLY OF THE ABOVE PROJECT (DEWING 155 WEST STREET). THERE IS AN EXISTING PIER AND A FLOAT. THE APPLICANT WILL FILE FOR AN AMNESTY PE~IT. THE FLOAT IS NOT SUBJECT TO OUR JURISDICTION. IT IS NOT PILED TO THE BOTTOM (HA~BOP,~ASTER JURISDICTION). PERMANENT - CONSERVATION JURISDICTION. TO RID THE PIPE 4-6~ IN DIAMETER, DECKING WILL BE ADDED TO THE TOP. THE EXISTING PIER IS ON ALL SOLID ROCK. STEVE CONNOLLY - WAS IN GOOD REPAIR, OCTOBER ~91 STORM, CONNOLLY BROS. BUILT THE ORIGINAL PIER IN 1955. THE CHAIP, MAN- PROGRESS RE: THE DISMANTLING AND THE REBUILDING. PETER OGREN - WILL CUT OFF THE COLUMNS, GROUT RODS INTO THE LEDGE, THREADED, BOLT STEEL BEAMS ACROSS THE TOP. DECKING: 2X8, AND WILL BE ABLE TO REMOVE IN SECTIONS IN CASE OF A STORM. STEVE CONNOLLY ~ WILL ERECT ON SITE, BY HAND. ELEVATION - 8. WILL DISMANTLE ON SITE, BY HAND. (OLD PIER). CLAYTON SHALL - HOW WILL YOU GET ON THE STEPS TO THE PIER? STEVE CONNOLLY - WILL WALK ACROSS. THERE WILL BE NO ON SITE WELDING. NANCY LODGE - MOTIONED TO ACCEPT THIS AS IS, AND MOTIONED TO CLOSE THE HEARING, AND BILL LISS SECONDED IT. ALL IN FAVOR. RECONVENE. BILL LISS MOTIONED AND CLAYTON SMALL SECONDED IT. ALL IN FAVOR. -5- REQUEST FOR A DETERMINATION OF APPLICABILITY: I E S ENVIRONMENTAL TP, ASK AND CABOT STREET LOT 13 SOIL AND GROUNDWATER TESTING. REPRESENTING: GERARD GOGUEN FROM IES ENVIRONMENTAL. THERE ARE SEVERAL SOILS OF CONTAMINATION, FLY ASH, ETC. ON THIS PROPERTY. TO PLACE SEVERAL TEST PITS AND ALSO TO MAKE A VISUAL DETERMINATION, AND TO ESTABLISH THE EXTENT OF THE FLYASH AND WILL THEN HAVE IT ANALYZED. CHAIRMAN - QUESTIONED THE RESOURCE AREA AND/OR THE BUFFER ZONE. GOGUEN - DOESN'T KNOW. BILL LISS - QUESTIONED THE DIRECTION OF THE GROUNDWATER FLOW? GOGUEN - YES, THERE IS DRAINAGE NORTH OF THE SITE, THE GROUNDWATER FLOWS TOWARDS WENHAM LAKE AND SOUTH OF THE BEDROCKS AND SOUTH OF BASS RIVER. BILL LISS - RE: THE CONTINUATION OF FLOW TOWARDS WENHAM LAKE. GOGUEN - UNSURE. CHAIRMAN - RE: THE HEALTH DEPARTMENT-FEELS THE FLYASH WAS USED FOR FILL. IF WELLS ARE DRILLED AND IF FLYASH EXISTS, WE DONtT WANT IT DISTURBED. GOGUEN - IT WiLL NOT BE LEFT ON SITE, TEST PITS WILL NOT BE LEFT OPEN. 10-12 TEST PITS EXCAVATION INTO THE WATER TABLE. (10~ APPROXIMATELY). IF BELOW THE WATER TABLE, WILL BE DONE AT A LATER DATE. BILL LISS - QUESTIONED 10-12 PITS & 3 WELLS, WHAT ARE YOU TESTING FOR IN THE WATER? GOGUEN - A TOTAL OF 8 METALS, ARSENIC, LEAD, ETC. NANCY LODGE - IS AGAINST THIS AND THEY SHOULD FILE A NOTICE OF INTENT. GOGUEN - WORK WILL BE DONE IN THE NORTHERN PORTIONS. BILL LISS - QUESTIONED THE TOTAL AREA AND IT DOES ENTER THE WATERSHED AND WENHAM LAKE. THEREFORE, A FILING IS NECESSARY. BILL LISS MOTIONED FOR A POSITIVE DETERMINATION AND NANCY LODGE SECONDED IT. ALL IN FAVOR. ORDER OF CONDITIONS: EMERGENCY ORDER BP OIL CO. BILL LISS MOTIONED FOR A NON-SIGNIFICANT DETERMINATION CLAYTON SHALL SECONDED THE MOTION. REASON: THE WORK HAS NO IMPACT ON THE WETLANDS. ALL IN FAVOR. ORDER OF CONDITIONS: JACK FRENCH 3 BOYDEN STREET LOTS 43 & 45. TREE CUTTING/BUFFER ZONE. CLAYTON SMALL MOTIONED FOR A NON-SIGNIFICANT DETERMINATION NANCY LODGE SECONDED THE MOTION. REASON: THE WORK HAS NO IMPACT ON THE WETLANDS. ALL IN FAVOR. -6- ORDER OF CONDITIONS: DAN FINN BRIDAL PATH LANE LOT 2. BILL LISS MOTIONED FOR STANDARDS AND CLAYTON SMALL SECONDED THE MOTION. ALL IN FAVOR. ORDER OF CONDITIONS: 208 HART STREET PARCEL §B #5-448. CLAYTON SMALL MOTIONED FOR STANDARDS AND BILL LISS SECONDED THE MOTION. TO STIPULATE: NO DRAINS IN THE GARAGE OR THE PARKING A~EA. ALL IN FAVOR. A MOTION TO ADJOURN AT 10:00 P.M., MADE BY BILL LISS AND SECONDED BY NANCY LODGE. ALL IN FAVOR. MARIE S. COTREAU/CLERK