2001-09-17
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: September 17, 2001
BOARD MEMBERS PRESENT:Chairman David Lang, Dr. Mayo Johnson, Jon Mazuy,
Jay Donnelly, Patricia Grimes
BOARD MEMBERS ABSENT: Vice-Chairman Anthony Paluzzi, Richard Benevento
OTHERS PRESENT: Debra Hurlburt, Assistant Planning Director
RECORDER: Karen Bradley
Chairman Lang calls the meeting to order at 7:05 p.m.
Request for Determination of Applicability
New: 41R Brimbal Avenue – playground construction – Hannah School
Kim Paratore is present on behalf of the PTO of Hannah School. She states that through fund
raising they were able to purchase the playground structure. She explains that the structure will
be located at the back corner of the schoolyard.
Lang states that he was able to visit the site and this appears to be the prime location for the play
structure. He states that this has received approval from the Parks and Recreation Commission
as well. He states that there is an area that has been delineated wet behind the location of the
structure approximately 30 to 50 feet away but is a fairly dry woodland area.
Lang asks the Commission if there are any questions. There are none.
Mazuy moves to issue a Negative Determination #3, seconded by Grimes. All members in favor.
Motion carries 5-0.
New: 87 Haskell Street – home construction – Hoyle
Kelly Martel of DeRosa Environmental and a representative from Meridian Engineering are
present on behalf of the owner. Also present is the developer for this project, Kevin Hoyle.
Martel states that the only resource area on the site is Bordering Land Subject to Flooding,
explaining that a portion of this site lies within the 100-foot buffer zone of Chubbs Brook.
Martel states that they are proposing a single-family home with an open carport garage to allow
the floodwaters to flow across the site. She states that the final grading will be the same as the
existing grade. Meridian Engineering explains that the site is adjacent to Dix Park and there is a
36-inch existing drain next to the proposed driveway.
Lang asks how high up above the existing structure the retaining wall is on the site. Meridian
Engineering states it is approximately 5 to 6 feet high. Lang asks if it is conceivable that the
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September 17, 2001
Page 2
garage could fill up with water since the field presently will fill up with water. Meridian
Engineering states yes.
Lang asks if they are of the opinion that this project will add to the flooding since water will be
displaced for the proposed single-family home. Meridian Engineering states that given that the
carport will be open to allow floodwaters to come they will actually be increasing the amount of
storage.
Mazuy asks how many times has this area flooded in the last three years. Meridian Engineering
states that he is unsure but he knows that it did flood in March at elevation 29.
Lang states that this property is in the middle of a flood zone that will add to the already existing
problem downstream.
Donnelly states that he would like to see calculations explaining the effect on the normal
hydrology flow this project could have on the area. He states he would also like to see cross-
sections of how this home will be built.
Mazuy moves to issue a Positive Determination stating that this is land is subject to filing a
Notice of Intent, seconded by Donnelly. All members in favor. Motion carries 5-0.
New: 32 South Terrace – home renovation/addition – Peterson
The owner of the property, Chuck Peterson is present stating that he proposes to add to the
existing house staying within the same footprint. He states that he will extend the deck towards
the river and add a foundation under the existing deck. He states that the house sits on ledge
approximately 15 to 20 feet above the beach.
Lang asks for confirmation that the proposed deck is approximately 9 feet from the river at high
water. Peterson states yes, but it could be closer at high tide.
Lang suggests that the Commission visit the site and continue to the next meeting.
Lang asks if there are any questions from the public. There are none.
Mazuy moves to continue the public hearing to the next regular meeting on October 2, 2001 and
conduct a site visit on September 22, 2001 at 8:30 a.m.
Mazuy moves to recess for public hearing, seconded by Johnson. All members in favor. Motion
carries 5-0.
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September 17, 2001
Page 3
Notice of Intent
Continued: Greenwood Avenue – culvert replacement & pipe installation – City of Beverly
Lang reads a letter of withdrawal for this request from the Director of Engineering Frank
Killilea. Lang states that the Commission has also received a letter from Stella Mae Seamans
expressing her concern for the project.
Lang asks if there are any questions from the public.
John Murray, 14 Greenwood Avenue states that he has submitted a letter to Killilea requesting
that the street be repaired. He explains that the road, in some sections, is near impassible and
questions if this request is being considered. Donnelly states that the commission has asked the
Engineer to provide the design standards for the roadway and is of the opinion that this could be
a possibility. Murray states that he will contact the Department of Public Works.
A Greenwood Avenue resident states that he is aware that the sewer issue will need to be
addressed within the next few years but states that the road is in need of repair sooner than that
timeframe.
Mazuy moves to accept the letter of withdrawal from the Director of Engineering, seconded my
Grimes. All members in favor. Motion carries 5-0.
Cont.: 107 Brimbal Avenue – raise grade & creation of walkway – Cycles 128
Bruce Poole of SB Engineering is present to represent Cycles 128. He states that the application
includes regrading the existing slope on the site and the installation of a walkway through a
buffer zone area.
Lang asks the Commission is there are any questions.
Grimes asks what material the proposed walkway will consist of. Poole states that it will be a
clay mixture that is on site. He states that the proposed walkway will be accessible from
Broughton Avenue all the way out through to Otis Road.
Lang asks if there will ever be access to Cycles 128. Poole states no.
Donnelly states that he is in favor of preserving this area but has concern that this could
eventually become an area for motor cross vehicles. Poole states that they will be willing to put
up riprap areas to obstruct that type of activity.
Donnelly asks if clean up of this area is part of the proposal. Poole states yes.
Lang asks if there are any additional questions from the Commission. There are none.
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September 17, 2001
Page 4
Lang asks if there are any questions from the public.
Joan Murphy, 36 Longmeadow Road, asks if this property could be deeded to the Trustees of the
Reservation or the Audubon Society. Poole states that it could be deeded over to the Trustees of
the Reservation or Audubon in order to protect the property however, no restrictions are
presently being requested for this site, they simply want to preserve it.
Lang asks if there are any additional questions from the public. There are none.
Mazuy moves to close the public hearing, seconded by Johnson. All members in favor. Motion
carries 5-0.
Cont.: 39 Tozer Road – building expansion, parking & grading – John Drislane
Attorney Thomas Alexander is present representing John Drislane. He states that this is an
extension of the existing Appleseed’s warehouse. Alexander states that a letter has been
submitted to the Commission explaining the elevated readings in Stream A that were of concern
th
at the site visit on September 6. He explains the results of this investigation in detail.
Peter Ogren from Hayes Engineering explains that another area of concern resulting from the site
visit was the potential for a small wetland area on the bank of the stream that runs through the
property. He states that this area has been flagged and explains that the pond has been
reconfigured and the grade has been raised. He states that a cross section has been submitted
with the plan and explains this in detail.
Lang asks if there are any questions from the Commission.
Mazuy asks what flows through the underground pip that runs across the parking lot area. Ogren
states that this pipe conveys drainage from the two entrances and possibly the tennis club
property.
Mazuy asks what the pipe is that sits in the middle of the field on the property. Ogren states it is
an IT test well that will stay on the site.
Lang asks if there will be any additional flow into the existing 8-inch pipe into the wetland.
Ogren states that there will be no connection to that pipe and there will be no underdrain needed
below the building. Lang states that some order should be required to cease discharge.
Donnelly states that an additional fence should be put into place, especially on the top of the
banks where construction is very close. Alexander states that they agree to do an additional
fence.
Lang asks if there are any more questions from the Commission. There are none.
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September 17, 2001
Page 5
Lang asks if there are any questions from the public.
Carol Van Liere, 2 Tudor Road, asks if the flags on the site represent how far the proposed
building will extend out. Alexander states yes. Van Liere asks if there will be a fire road around
that building. Ogren states that there will be an 18-foot gravel surface around the building.
VanLiere questions whether this is a perennial stream and is concerned for clean up of this area
for contaminants. Lang states that this stream is not a perennial stream, therefore the Rivers Act
does not apply.
Mike Comeau, 4 Tudor Road, states that he has some concerns about the contamination of soils
in this area as well. He explains that when the first building was initially built, some streams
were rerouted which created heavy flooding issues for this neighborhood. He expresses concern
that more building will worsen the already existing problems.
Renee Mary, 274 Hale Street, asks when the Appleseed’s building was built. Ogren states 1981.
Joan Murphy, 36 Longmeadow Road, asks if a special permit will be required to remove any
existing materials. Lang states that a MPDS permit is required for certain levels. He states that
the levels from the samples taken would allow removal. Lang states that a separate issue will
need to be addressed with Varian since they are the source of the contamination in this area.
Murphy asks why the Rivers Act does not apply here. Lang explains the criteria of the Rivers
Act. Murphy asks if a schedule has been submitted for cleaning the culverts and detention
ponds. Ogren states yes and explains the details of the schedule during construction as well as
for annual inspections and the regular maintenance plan.
An extensive discussion takes place regarding the criteria for the Rivers Act and how this stream
does not apply under this act. Lang states that physical evidence would have to be submitted to
determine if the stream in question could apply to the Rivers Act.
Larry Van Liere, 2 Tudor Road, states that he is concerned where all the water runoff will go
with the building extension covering the entire property.
Lang asks for explanation as to why additional impervious cover is not going to increase the flow
in the stream. Ogren states that a hydraulic study was conducted that shows that the front
detention/retention basin has the capacity to mitigate the flow rates of approximately half of the
building roof and the additional parking lots. He states that the flow rates will be maintained in
that area. In terms of volume, he states that he has not looked at the hydraulic effect but he
explains that the elevation of the stream in comparison to the neighborhood indicates that no
water flows out of that stream at those elevations.
Lang states that he would like to continue the hearing and visit the site. A site visit is scheduled
for September 20, 2001 at 5:30 p.m. Lang asks Ogren to submit evidence why they do not
believe they are in the Rivers Act for this site.
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September 17, 2001
Page 6
Donnelly asks how much vegetation would have to be cleared to survey the topography. Ogren
states that there is a definitive bank of 2 to 4 feet. Lang requests that the stream be incorporated
into the map.
Renee Mary, 274 Hale Street, asks for a definition of a plunge pool. Ogren states that it is a
spilling basin that the DEP recommends when this type of stormwater management is used.
Larry Van Liere, 2 Tudor Road, asks if the soils have been tested by Varian. Lang states that he
cannot speak for Varian but is of the opinion that the groundwater in the area does contain
solvents. Lang states that any contaminated soils that are dug up on the site will have to be
disposed of properly.
Lang advises all concerned abutters to attend the public hearing for Varian to voice their
concerns.
Mazuy moves to continue the hearing to the next meeting on October 2, 2001 with a site visit
scheduled for September 20, 2001 at 5:30 p.m. at the end of Tudor Road, seconded by Johnson.
All members in favor. Motion carries 5-0.
New: 10 Avalon Avenue – reconstruction & expansion of salt-water pool – Horne
Andrea Kendall and Matt Devlin of Beals and Thomas are present to represent the owners of the
property Fred Horne and Sally Thompson. Kendall states that this is a request for the
reconstruction and expansion of a salt-water pool and concrete patio. Kendall explains the
existing conditions of the site as being surrounded by residential properties and ocean. She
explains the layout of the site and states that the existing seawall on the coastal bank is the
resource area on the site. She states that the entire project area is within the 100-foot buffer.
Kendall explains the drainage on the property and states that the expansion of the existing
rectangular swimming pool into a teardrop shaped swimming pool is being proposed as well as
the expansion of the concrete patio and the installation of a stonewall/bench area and walkway.
The vegetative buffer area will remain in tact and all water back flushed from the pool will be
contained and moved offsite. The change in the impervious cover for the patio area will be
approximately 500 square feet and the pool expansion will be approximately 635 square feet.
Lang asks if there are any questions from the Commission.
Grimes asks if any of the proposed concrete replacement will occur very close to the seawall.
Devlin states that they are proposing to resurface the existing concrete by hand. He states that
there will be no blasting involved near the seawall.
Lang asks if there are any questions from the public. There are none.
Donnelly moves to close the public hearing, seconded by Grimes. All members in favor.
Motion carries 5-0.
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September 17, 2001
Page 7
New: 75 Sam Fonzo Drive – parking lot construction – Connelly Brothers
Christ Sparages and Peter Ogren of Hayes Engineering are present to explain the proposed
project. Pirages explains the layout of the site and footprint both in the present and future. He
explains the planned phases of the entire project and states that the proposed drainage will
accommodate both phases. He states that the watershed on this project is divided into two
watersheds. He explains that the proposed condition tries to match the existing watershed
conditions. He explains the primary goals of the drainage design and states that an operation
maintenance plan is in place detailing the schedule of operation.
A site visit is scheduled for September 22, 2001 at 9:00 a.m.
Lang asks if the Commission has any questions.
Donnelly asks if this property includes replicated wetlands. Ogren states yes and points out
those areas that were part of the roadway project.
Lang asks if there are any questions from the public. There are none.
Mazuy moves to continue the hearing to the next meeting on October 2, 2001 with a site visit
scheduled for September 22, 2001 at 9:00 a.m., seconded by Grimes. All members in favor.
Motion carries 5-0.
New: 23 Oak Street – construction of two additions, patio, landscaping & associated
grading – McFadden
Julie Parrino of Hancock Environmental Consultants is present on behalf of the property owners.
She explains that two small additions on each corner of the front of the house, the patio and the
landscaping proposed for this site. She states that the site is located within the riverfront area to
Chubbs Brook and within the 100-foot buffer zone to vegetative wetlands. She states that none
of the proposed addition will impact the existing riverfront area or vegetative wetland.
Lang asks if there are any questions from the Commission. There are none.
Lang asks if there are any questions from the public. There are none.
Mazuy moves to close the hearing, seconded by Grimes. All members in favor. Motion carries
5-0.
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September 17, 2001
Page 8
Order of Conditions
107 Brimbal Ave. – raise grade & creation of walkway – Cycles 128
Donnelly moves to issue Standard Order of Conditions with the following conditions:
·
No access from Cycles 128;
·
The chain link fence must be maintained;
·
Access to the walkway shall be from Broughton Drive, no greater than 18 inches in
width, some kind of vertical restraint to eliminate motorcycle access, and must be
approved by Conservation Agent;
·
Clean out existing resource areas of all debris such as tires, metal objects, drums, trash,
etc.
Seconded by Grimes. Motion carries 4-0-1. Mazuy abstains.
10 Avalon Avenue – reconstruction & expansion of salt-water pool – Horne
Johnson moves to issue Standard Order of Conditions with the following conditions:
·
No discharge of filtered materials from the swimming pool into the ocean;
·
No blasting to occur on the site.
Seconded by Grimes. Motion carries 4-0-1. Mazuy abstains.
23 Oak Street – construction of two additions, patio, landscaping & associated grading
Mazuy moves to issue Standard Order of Conditions, seconded by Grimes. All members in
favor. Motion carries 5-0.
Certificate of Compliance
DEP File #5-640 –10 Middlebury Lane – John Graves
John Graves is present with a letter from Hayes Engineering that describes the completed
project. He also presents a Topographic Plan and photographs of the riprap wall. Hurlburt states
that she has visited the site and it looks complete.
Johnson moves to approve the Certificate of Compliance for 10 Middlebury Lane – DEP File #5-
640, seconded by Mazuy. All members in favor. Motion carries 5-0.
DEP File #5-716 – 62 South Terrace – Michael Burta
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September 17, 2001
Page 9
Michael Burta is present and presents the Commission with photographs of the completed
project. Hurlburt reminds the Commission of the project stating that the project entailed
relocating water and sewer lines.
Lang asks if there are any questions from the Commission. There are none.
Mazuy moves to approve the Certificate of Compliance for 62 South Terrace – DEP File #5-716,
seconded by Johnson. All members in favor. Motion carries 5-0.
DEP File #5-689 – 2 Boyles Street – Estate of Evelyn Bartlett
John Dick of Hancock Environmental states that approximately 6,000 square feet of wetland area
was replicated. He states that the topography of the underlying material was preserved. He
states that the site is completely replicated in accordance with the Order of Conditions.
Lang asks the Commission if there are any questions.
Lang asks the status of the 21E. Dick states he is unsure of the status.
Johnson asks what was covering the wetlands. Dick states rubbish was covering the wetland
area consisting of building demolition rubbish, solid fill, and backfill from sewer and water
excavations.
Lang states that he will visit the site to observe the replicated areas.
Johnson moves to approve the Certificate of Compliance for 2 Boyles Street – DEP File #5-689
based on the Commission Agent’s inspection, seconded by Grimes. All members in favor.
Motion carries 5-0.
Old/New Business
Beverly Airport Vegetation Plan discussion
A gentleman from Baystate Environmental Consultants is present and explains the yearly
operational vegetation plan for Beverly Airport.
A detailed discussion takes place on the foliage maintenance.
Correspondence regarding 9 Dodge Street
Lang states that the Commission has received a letter from Attorney John Collucci representing
the owner of the property, Morse. Lang reminds the Commission of the state of this property
and states that he will refer the letter to the City Solicitor.
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September 17, 2001
Page 10
Mazuy moves to refer the letter to the City Solicitor for action and is to confer back to the
Conservation Commission, seconded by Johnson. All members in favor. Motion carries 5-0.
Jubilee Yacht Club
George Whitney is present to represent the Jubilee Yacht Club. He explains the letter that was
sent to the Commission stating that maintenance dredging was completed three years ago and
now it has to be done again. He states that at the time, three years ago, they received all the
required approvals for the project. He states that the Order of Conditions in this case has a term
of ten years. Whitney details Chapter 131, Section 40 that explains the extension of the ten-year
term.
Hurlburt reads a section of Chapter 131, Section 40 to the Commission that is referenced in
Whitney’s letter. Hurlburt states that she requested Whitney to write this letter for the record.
Lang suggests that the Commission review this statute. The Commission is in agreement to
allow the dredging based on the findings.
Enforcement Order
Cummings Center
Bruce Oveson and Gerry McSweeney are present representing Cummings Center.
Lang states that he received a call from DEP stating that work was being done outside the Notice
of Intent. Lang states that he issued a Cease and Desist Order.
Oveson explains the area where they were working and explains the Chapter 91 elevated 10-foot
walkway that is being constructed. He states that fill has come out of the culvert in this area so
he extended the riprap into the resource area. He states that he never notified the Conservation
Commission that he was doing this. He states that his reason for going into the resource area
was to accommodate the required 10-foot width for the walkway.
A discussion takes place on the alternatives for construction of this area of the walkway.
Lang asks how wide the bridge has to be. Oveson states 10 feet.
The Commission recommends that this area be replicated.
Mazuy moves to withdraw the Enforcement Order, seconded by Johnson. All members in favor.
Motion carries 5-0.
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September 17, 2001
Page 11
Mazuy moves to issue new Enforcement Order prohibiting any work until submission and
approval of a Remediation Plan for replication of the 6 ft. X 22 ft. filled area shown on drawing
C2 dated August 28, 2001 by the Conservation Commission, seconded by Johnson. All
members in favor. Motion carries 5-0.
39 Prince Street
Donnelly explains to the Commission that there is an area of beach being used as access for
construction equipment for the construction of a tennis court at 39 Prince Street.
Hurlburt states that she will send the Building Inspector to the site and issue a Cease and Desist
Order if necessary.
Varian
Mazuy moves to issue Varian an Enforcement Order to cease discharging TCE into Stream A at
Johnny Appleseed’s and prepare a plan to remove the discharge, seconded by Grimes. All
members in favor. Motion carries 5-0.
Healy – 1 Grove Street
Hurlburt states that she received a letter from Mr. Healy requesting approval for the installation
of a fence next to a stream.
Donnelly asks if Hurlburt asked them to submit a plan. Hurlburt states no. She asks the
members to visit the site to make an assessment of the site. Johnson and Mazuy states that they
will visit the site and will report their opinion back to Hurlburt.
Norwood Pond Association
Pam Kampersal is present and explains that the owners of the Commodore property are offering
the Norwood Pond Association the opportunity to discuss the condition of the site. She asks if a
member of the Conservation Commission could attend this meeting. Lang states that Kampersal
should contact the Conservation Commission when the date has been finalized and a member of
the Commission can attend if possible.
Approval of Minutes
Donnelly moves to approve the minutes of the July 31, 2001 and August 25, 2001 meetings,
seconded by Mazuy. All members in favor. Motion carries 5-0.
Hurlburt distributes the revised Wetlands Protection Ordinance to the Commission members.
Lang asks the members to review the ordinance prior to the next meeting in order to go to the
City Council.
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September 17, 2001
Page 12
Adjourn
Donnelly moves to adjourn, seconded by Mazuy. All members in favor. Motion carries 5-0.
The meeting is adjourned at 10:20 p.m.