2001-11-20
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: November 20, 2001
BOARD MEMBERS PRESENT: Chairman David Lang, Anthony Paluzzi, Dr. Mayo Johnson,
Jay Donnelly, Jon Mazuy, Richard Benevento
BOARD MEMBERS ABSENT:
OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director
RECORDER:
Chairman Lang calls the meeting to order at 7:00 p.m.
Request for Determination of Applicability
30 Tozer Road – detention basin in buffer zone – Datum
Hurlburt requested Datum to file for an RDA because it was determined that a portion of work
being performed at the site falls within the buffer zone (approximately 30 feet at the closest
point).
George Burnett and Daniel Dunn appear on behalf of the applicant, Datum. Burnett states that
the project is an addition to the building. There is a detention basin connecting into an existing
swale, which diverts into a wetland. There is a small area (approximately 200 square feet) of
brush that was cut in the buffer zone.
Donnelly asks how the runoff will affect the downstream areas. Burnett responds that everything
will be caught in the detention basin and the site drainage is not being altered much.
Lang asks if hay bales and siltation fences are being utilized at the site. Burnett responds yes.
Mazuy asks how the applicant knows it will be sufficient to withstand the current amount of
rainfall. Burnett responds that he will provide the calculations.
Lang asks if there are any questions from the public. There are none.
Benevento moves to grant a Negative Determination #3, seconded by Donnelly. All members in
favor. Motion carries.
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November 20, 2001
Page 2
376 Hale Street – sewer line in buffer zone – Endicott College
Joseph Orzel from the Gulf of Maine Research Institute and Joe Werkowski appear on behalf of
the applicant, Endicott College. The applicant is requesting a Request for Determination for the
installation of a sewer line in the buffer zone.
Orzel states that 27 feet of the six-inch sewer line and manhole will be installed approximately 4
feet deep. There will be approximately 150 square feet of alteration.
Mazuy asks if the work can be completed in one day. Werkowski responds that it can.
Mazuy moves to issue a Negative Determination #3, seconded by Benevento. All members in
favor. Motion carries.
Notice of Intent
150 Sohier Road, 31 & 32 Tozer Road – well installation – IT Corporation
The applicant has filed a Notice of Intent to seek approval to install monitoring wells. Jeff Plant
and Karen Brody appear on behalf of IT Corporation. Also present is Seth Jaffey, counsel for the
applicant.
Plant states the request is to seek approval to install 17 monitoring wells in association with the
Varian project. There are two streams in the area (an unnamed stream and one referred to as
“stream A”). It will be necessary to do some clearing for two of the wells (approximately 2700
square feet).
Lang asks if there are any questions from members of the Commission.
Donnelly asks if there are drawings which would illustrate what a typical well setup would look
like during operation. Plant responds that he can provide that information. It would be
approximately a 20 x 20 foot area for each well. When it is done, it will be a 2 x 2 foot area.
Donnelly asks the applicant to provide photos.
Donnelly asks what the potential for outflow is. Plant responds “none” and it is “containerized.”
Lang asks if the ejection wells will be near stream A. Plant responds “yes.” Lang expresses
concern about ejection wells near the stream.
Benevento asks if the area being cleared will be hand cut. Plant responds that it will be hand cut.
Plant states that he expects it will take 3 ½ months to do all of the work.
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November 20, 2001
Page 3
Lang asks if there are questions from the public.
A resident of 27 Sonning Road asks if there has been testing in her area. Brody responds that
there are two wells on Sonning Road at approximately 50 feet below grade. The shallow water is
clean.
David Doyle asks how many well will be test wells. Plant responds that 8 of the 17 wells will be
injection wells and the rest of the wells will be observation wells.
Lang asks if the applicant will need the permission of the homeowners to allow access. Plant
responds that the applicant will need permission from the homeowners.
Steve Connelly states he has not been asked to sign a permission form to access his property.
Brody states that the Phase 4 report lists which of the wells are injection wells and which are
observation wells.
Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion
carries.
400 Hale Street – sports facility construction – Endicott College
Joseph Orzel introduces the project engineer, John Amano and Dennis Monaco, Director of
Operations at Endicott College.
Amano states at the last hearing the Commission asked for the drainage from the softball field to
be revised. The softball field has been raised 2 – 2 ½ feet in elevation to reduce the amount of
ledge cut. Most of the work will drain toward the site. In areas where that is not the case, hay
bales will be put in place to back up silt fences.
The Conservation Commission members expressed concern regarding the limit of work and its
relationship to siltation fences.
Orzel states that there will be treatment in the parking area.
Lang asks if there are questions from members of the public.
Renee Mary, 274 Hale Street states that the Commission should not approve the project tonight.
She expresses concern regarding the wildlife population, impact on the resource areas and left
over materials on the site. Amano responds that the applicant has no intention to put material in
the buffer zone.
Benevento asks if the applicant intends to do all of the proposed work now or at a future time.
Amano responds that the intention would be to permit it as one project. In three years the owner
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November 20, 2001
Page 4
hopes to have funding to fund the rest of the project.
Donnelly states he would like to recommend a condition to control lighting at the site -- to stay on
the field and not in the resource area
Benevento moves to close the hearing, seconded by Mazuy. All members in favor. Motion
carries.
Orders of Condition
400 Hale Street – sports facility construction - Endicott
Paluzzi moves to issue the following conditions:
1. Standard conditions.
2. Limit of work shall be at the hay bale/silt fence line. A construction fence shall be set four
feet inside the site fence line in areas feasible to install;
3. If lighting is proposed, applicant is subject to submittal of a lighting plan, per the approval
of the Conservation Commission, which would minimize effects on the resource area from
illumination.
Seconded by Dr. Johnson. All members in favor. Motion carries.
150 Sohier Road
Mazuy moves to issue the following conditions:
1. Standard conditions.
2. The Order of Conditions does not include the injection of permanganate. A separate
permit must be issued by the Commission for permanganate injection;
3. The Order of Conditions does not provide permission, either expressed or implied to go
onto private property. Applicant shall secure permission to access private property.
4. No containerized waste onsite for more than 30 days in the buffer zones.
Seconded by Benevento, all members in favor. Motion carries.
Old/New Business
Discussion of letter from Foley & Hoag regarding Varian Enforcement Order
There is discussion regarding a letter the Conservation Commission received from the law firm of
Foley & Hoag regarding the Varian Enforcement Order. Counsel contends that the discharge of
TCE has not altered any land.
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November 20, 2001
Page 5
Benevento states they are discharging into a stream and that is the jurisdiction of the Conservation
Commission.
Hurlburt recommends the Commission write a letter to the City Solicitor and request that he
advise the Commission on the issue of jurisdiction.
Benevento moves that the Conservation Commission write a letter to the City Solicitor requesting
him to review the Varian letter and advise the Commission on the issue of jurisdiction, seconded
by Paluzzi. All members in favor. Motion carries.
Discussion of letter from Innovative Solutions, Burger King site
Hurlburt states Innovative Solutions has sent a letter providing a summary of activities that have
occurred at the site to date.
Essex County Greenbelt Associate membership renewal
Mazuy moves to approve renewal of the membership of the Essex County Greenbelt, seconded by
Benevento. All members in favor. Motion carries.
Mazuy moves to adjourn, seconded by Donnelly. All members in favor. Motion carries.
Other Business
The members discussed the best date to hold a Christmas party for the Commission. December
th
15 at 7 p.m. at Chairman Lang’s house was decided upon.
The meeting is adjourned at 8:55 p.m.