2001-04-10
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Conservation Commission
SUBCOMMITTEE:
DATE: April 10, 2001
BOARD MEMBERS PRESENT:Chairman David Lang, Anthony Paluzzi, Dr. Mayo
Johnson, Richard Benevento, Jon Mazuy, Jay Donnelly,
Patricia Grimes
BOARD MEMBERS ABSENT:
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
Continuation: 45 Enon Street – rip-rap installation 100 feet from resource area – Paul
Kourloulis
Attorney Thomas Alexander is present to represent the Kourloulis family. He states the
previously scheduled site walk had taken place approximately a week ago. The silt fencing is
presently being installed around the edge of the buffer zone and states that hay bales can also be
installed if the Commission requests.
Lang asks if any use of this property is within the Beverly Watershed Overlay District.
Alexander states that this is outside the Watershed Overlay Protection District. He states that the
Watershed Overlay District is located on the other side of Enon Street. He explains the uses
involved with this property would be restaurant use, retail use, and perhaps office use.
Alexander states that this will be connected to the municipal sewerage system so there will be no
sewerage going into the groundwater at this site. He states that Dawson’s Hardware, which was
constructed five or six years ago is actually within the Watershed Overlay District.
Lang asks if there will be any incompatible uses on this site. Alexander states that there will not.
Lang asks if there are any questions from the Commission.
Mazuy asks if there will be an oil/gas separator. The developer states that presently there is no
oil/gas separator in the plan, but states that it could be added to the plan if the Commission
makes that request. He states that the discharge meets the stormwater management standards.
Mazuy states that he would be more comfortable if the oil/gas separator were to be installed
before the point of discharge.
Benevento asks if the drainage goes into the sewer system. He states that it does.
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March 10, 2001
Page 2
Grimes asks why this is not considered a higher pollutant load area. Alexander states that this
site is not subject to stormwater management and states that this is outside the buffer zone. The
developer states that they are meeting the stormwater management requirements for the runoff
on the site.
Lang asks if there are any other questions from the Commission members. There are none.
Lang asks if there are any questions from the public.
Pam Kampersal of the Norwood Pond Association states that there is an aquifer underneath this
site and asks if this is considered a resource area if the site is over an aquifer. She states that
there is a monitoring well on that property and it has been said to have fly ash on the property.
She asks if there is some way to get some testing completed from that monitoring well.
Lang states that the well has been tested for because banks require this when financing a property
and that the results were satisfactory. Lang states that this is a 21E requirement with the DEP.
Kampersal asks if those test results are available to the public. Alexander states that the 21E
report will be given to the Planning Department to make it available to the public.
Kampersal states that she is concerned for the aquifer underneath this site. Benevento states that
groundwater under land is not protected under the Wetland Protection Act.
Benevento moves to close the public hearing, seconded by Paluzzi. All members in favor.
Motion carries 7-0.
Benevento moves to issue a Negative #3 Determination subject to the following conditions:
1) Oil and gas separators must be utilized on the site and be indicated on revised plan;
2) The 21E report that was conducted on the site must be submitted to the Commission; and
3) All business uses that will be located at this site shall be compatible with the current
Watershed Protection Overlay District.
Seconded by Paluzzi. Motion carries 6-1. Donnelly opposed.
Hurlburt states that there was some question to the voting process for members of the
Commission that have missed a prior meeting. Benevento states that if a member misses a
meeting, as long as he is not part of the quorum vote, he is allowed to vote.
Continuation: rear of 21 & 23 Virginia Avenue – clear way of vegetation – Curtis Jones, Jr.
Carmen Frattaroli is present representing Curtis Jones. He states that they would like to clear a
section of an old cow path on the site of brush and small trees to make way for a vehicle to
access the property behind this path. He states he would like to make the path 12-15 feet in
width and states that he will not touch the wetland area. Frattaroli states that Jones has built the
5 houses in the area and has contacted those neighbors. There is one neighbor that is opposed to
the clearing that Jones is requesting.
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March 10, 2001
Page 3
Lang asks if the purpose of this clearing is to conduct further surveying for the possible
development the rear lots. Frattaroli states yes, at some point there is the possibility of further
development.
Lang explains to the public that this is a Request for the Determination of Applicability. He
states that the Wetlands Protection Act covers the clearing of this area. If approval is given to
clear the requested area, he states that the applicant is required to come back once the surveying
is complete to file a Notice of Intent.
Benevento asks the purpose of clearing 15 feet of this area. Frattaroli explains the dimensions of
the old roadway and states that the purpose of this Request is to conduct testing and surveying of
the land behind this cow path. He explains that this area is presently overgrown in thick brush
making it impossible to get through.
Lang explains that the wetlands are on the edge of the road and they would need to clear to the
flag of the wetlands.
Benevento asks if they will be using a bulldozer to clear the path or will they clear the land by
hand. Frattaroli states that this will be done by hand. Benevento states that he would not have a
problem with the clearing so long is it is done by hand.
Grimes asks if they will go beyond the perimeter of the pathway. Frattaroli states that they will
not.
Benevento asks if the work could be completed with a path 10 feet wide. Lang explains that this
area is on flat land and there are 2 or 3 trees that have fallen over that will have to be cleared out
of the way.
Donnelly asks if this area could be accessed from Bridge Street. Frattaroli states that they have a
right-of-way to access the property from Bridge Street but they do not use that access. Donnelly
asks if there is as much vegetation when accessing from Bridge Street. Frattaroli states that it is
not as covered with vegetation and if it becomes a viable option, access that way could be
considered.
Lang asks if Jeff Besse is present at this meeting. Hurlburt states that he is not.
Robert Taylor, the owner of the property that the right-of-way is on, is present and states that if
Curtis fails to get frontage for this property then he has gone through his property unnecessarily.
He states that during the discussion with Frattaroli it was stated that they plan on cutting down 4-
6 inch trees that are along the requested path to be cleared and he is opposed. He states that all
that needs to be done in order to survey the land is to cut the brier (branches of thistle and thorn)
that stands no higher than waist height. Taylor states that he understands Curtis’ need and right
to gain access on his lot but requests that no mechanical vehicles enter the property and that all
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March 10, 2001
Page 4
briar be removed, not thrown into the wetland. He states that this clearing could potentially
affect the water table in this area and is concerned for his home getting flooded.
Lang asks if there are any other questions.
Mazuy states that he is concerned for lack of flagging of the wetland. Taylor states that there are
remnants of old flags present on the property.
Lang states that the briar that is cut is to be removed from the site and that all trees that are to be
cut are to be flagged for approval.
Mazuy asks if more than 5 feet is necessary for this path. Frattaroli states that this could be done
using a step-by-step approach. Frattaroli states that it would be difficult to flag the property with
only a 5 foot path and could not get a pick-up truck in there to remove the brush.
Donnelly requests a Negative Determination #2 to clear the existing way of unexposed brush.
He states that trees located within in the buffer zone is wetlands. Frattaroli states they would
amend that. Donnelly states that is too broad.
Lang states that if there are no further comments, he has a letter from Jeff Besse, 202 Bridge
Street, which he will read. He reads the letter of objection to this request. Frattaroli asks for a
copy of the letter.
Benevento moves to close the public hearing, seconded by Paluzzi. All members in favor.
Motion carries 7-0.
Benevento moves to issue a Negative #3 Determination subject to the following conditions:
1) No more than a 10-foot path be cut measured from the center of the road can be cut;
2) No mechanical equipment be used to cut the brush, only hand equipment;
3) Area to be cut and not grubbed;
4) No trees cut without approval by the Commission.
Seconded by Paluzzi. Motion carries 4-2-1. Mazuy and Donnelly opposed, Johnson abstains.
New: 7 MacArthur Road – installation of above ground pool with deck – Roland Pelletier
Roland Pelletier is present and states that he is requesting the installation of an above ground
pool with deck and a fence around the perimeter of his yard. He states that he will not go into
the wetlands at all.
Lang asks if any excavation will be done to flatten out the area. Pelletier states that he does not
plan to do any excavation. Lang reminds Pelletier that removal of any materials from the site
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March 10, 2001
Page 5
should not go into the wetland, it should be removed from the site. Pelletier is in agreement with
that request.
Lang asks if there are any questions or comments from the Commission.
Johnson states that he did a site visit and the site looks fine.
Paluzzi moves to close the public hearing, seconded by Mazuy. All members in favor. Motion
carries 7-0.
Mazuy moves to issue a Negative Determination #3, seconded by Grimes. All members in favor.
Motion carries 7-0.
New: 65 West Street – septic tank upgrade – Jeffrey Horvitz
Gerard McDonald is present as the engineer hired by Horvitz to design and engineer a new septic
system. He explains that the original system will be abandoned, pumped clean and backfilled.
He displays the new system that is to be installed and states that the new system will be relocated
approximately 150 feet from the coastal bank.
Benevento asks if the leach pit will be filled in. McDonald states that top will be closed off and
then it will be filled in on top.
Benevento asks the size of the old system. McDonald states that the septic tank is 2,000 gallons,
approximately 6 feet by 12 feet, which will be filled in.
Mazuy asks if this is a Title V issue. McDonald states that it is and the system failed.
Lang asks if there are any additional questions from the Commission. There are none. Lang
asks if there are any questions from the public.
Joan Johnson, 677 Hale Street asks if the tanks that are left in the ground will become boats.
McDonald explains that concrete structure will be broken up to prevent that from happening.
After the concrete is broken up, the area will be filled in.
Lang asks if there are any further questions. There are none.
Mazuy moves to close the public hearing, seconded by Benevento. All members in favor.
Motion carries 7-0.
Mazuy moves to issue a Negative #3 Determination, seconded by Donnelly. All members in
favor. Motion carries 7-0.
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March 10, 2001
Page 6
Benevento moves to modify the Negative #3 Determination to include that the septic tank be
broken up prior to filling, seconded by Mazuy. All members in favor. Motion carries 7-0.
Abbreviated Notice of Resource Area Delineation
Continuation: Sam Fonzo Drive – Resource Area Delineation – Fonzo Realty Trust
Richard Williams from Hayes Engineering is present and passes out a revised plan reflecting the
requested changes from the site walk. He explains that on the east side, the corner of LP
Henderson and Sam Fonzo Drives, flags B12 and B13 were revised.
Lang invites the interested public to review the revised plan to make this process easier to
understand.
Renee Mary, 274 Hale Street states that flag B14 should have been included in that change.
Williams states that flags B12 – B14 have been revised. He explains that moving B12 and B13
completed the requested revision.
Williams explains that he skipped the area of the crossing on the west side of Sam Fonzo Drive
and states that will be on the as-built plan. He states that flags A63 – A77 are where the
proposed replication area is and these flag have been moved to where the perimeters of the buffer
zone will be. Williams states that they took the more conservative approach for this area by
assuming that this is a wetland area.
Mazuy states that he has concern for the elevations of this pond. Williams states that in order to
move on at this point, they took this approach assuming that this area be considered a wetland.
Grimes states that she has concern that the boundaries are correct by way of replicating the
wetland area.
Williams states that the area of flags A77 – A136 several flags have changed including A110,
A114, and A115; he states that these changes have been added to the plan.
Renee Mary, 274 Hale Street questions if flag A116 was moved up the hill. Williams states that
the flag before A116 was moved so that A114 – A116 were in alignment.
Williams states that is the end of his changes. He states that during the site walk, the other side
of the stated wetland was not included.
Lang asks if there are any questions from the public.
Renee Mary, 274 Hale Street states that the whole area that is being discussed is a wetland. She
states that when the City established the sewer for the North Bass River in 1987 the whole area
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March 10, 2001
Page 7
was shown as flood plain. She states that Liberty Publishing was built directly in the wetland.
Lang states that this is a separate issue to be discussed at another time.
Lang asks if there are any additional comments for this hearing. There are none.
Mazuy moves to close the public hearing, seconded by Paluzzi. All members in favor. Motion
carries 7-0.
Continuation: 7 Trask Street – Resource Area Delineation – Robert St. Pierre
Lang states that during the site walk questions were raised regarding some of the flags. He states
that in the area of flags A6, A7 and A8 there were noticeable debris lines that indicate potential
sewerage issues. He states that compensation should be made for flooding potential. He
suggests that St. Pierre take some soil samples and continue with this plan. St. Pierre agrees to
his suggestions.
Donnelly states that in the area of flags A6 – A10 there is obvious signs of flooding erosion. He
states that flood insurance maps should be completed. Mazuy states that areas A9 and A10
should also be reviewed.
Lang asks if a larger culvert was used. St. Pierre states that a larger culver did help some. Lang
questions whether or not the wall was constructed in the right place. St. Pierre is also unsure.
Mazuy moves to continue this hearing to the next scheduled meeting of May 1, 2001, seconded
by Paluzzi. All members in favor. Motion carries 7-0.
Renee Mary, 274 Hale Street states that on the Nadeau property, where the pumping station is,
asphalt fill is being dumped there to raise the lot creating a great deal of water. Lang states that
the Commission has given him approval to fill and will check on the progress of that site.
Benevento moves to recess to public hearing, seconded by Mazuy. All members in favor.
Motion carries 7-0.
Notice of Intent
Continuation: Amended Order of Conditions: North Beverly School/Putnam Street – City
of Beverly
Richard Mainville was present representing the City of Beverly School Department states that
the site walk was conducted and the Wetland Scientist needs to review the wetland area again
since changes to the wetland were evident. He points out an area of wetlands that needs to be
filled in order to complete the proposed project; he describes this area as 216 square feet of
wetlands. He states that the replication area will be 5,725 square feet of new wetlands with
elevation at the same level of the adjacent wetlands along the border to the property.
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March 10, 2001
Page 8
He states that the wetland connects to a culvert at Putnam Street. He states that the end of the
pipe is no longer functioning. He states that it is their belief that this culvert appeared to have
flowed through headwall presently on the property. He is proposing to dig up the headwall and
investigate the pipe to correct this function. He states that the drain analysis completed for the
school was based on the amount of runoff that reaches this point; the rate of runoff is decreased,
but the volume of runoff is increased.
Lang asks the size of the wetland that needs to be filled. He states that approximately 3,800
square feet will be filled. Lang asks the size of the area to be replicated. He states that 5,725
square feet will be replicated.
Benevento asks if a replication plan has been submitted. Engineer, Deborah Michener states that
the plan has been submitted. Benevento asks if that plan includes a planting plan. Michener
states that the first step to the planting process is erosion control that will consist of excavating
one foot below proposed grades and bringing in hydro soil for planting various materials.
Donnelly asks how steep the slope from the wetlands to the access road. Mainville states that it
is approximately an eight-foot slope.
Grimes asks if the new replicated area the same elevation as the wetlands proposed to be filled
in. He states that it is the same elevation.
Donnelly asks if there will be fencing to keep children out. Michener states that there will be a
4-6 foot fence that follows the edge of the pavement.
Benevento states he has concern for wetland area becoming a dumping area.
Donnelly asks if there is currently dumping taking place. Mainville states that there is a great
deal of debris present now. Donnelly asks that measures will be taken to control access.
Mainville states that the gate for the detention area should help control dumping.
Lang asks if the area of the playing fields has been revised. Michener states that it has been
revised to be out of the 100-foot buffer zone.
Lang asks how many trees will be taken down on the 2.5 acres. Michener states approximately
1,000 will be taken down. Lang asks if that will have any impact on the water table in that area.
Benevento states that he would like to see evidence on how much trees absorb to determine what
the water table change will be. Lang states that in the spring/summer, half of the water will be
evaporated. Mazuy states that there is published information on this topic.
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March 10, 2001
Page 9
Benevento asks what the groundwater elevation is in this area. Lang states that it is close to
surface level. Lang states that cutting down these trees outside the buffer zone is non-
jurisdictional even though it is probable to have an effect on the water table.
Benevento states that the Conservation Commission should be consistent on what it does; if the
Commission is suggesting that cutting down trees will have an effect on the resource area in any
project in Beverly, then the project must scrutinized regardless of being inside or outside the
buffer zone.
Lang asks if there are any questions from the public.
Renee Mary, 274 Hale Street states that the public should be considered when making decisions
of this nature. Mary asks how many trees will be cut.
A resident from 207 Brimbal Avenue asks if clarification could be made on the number of trees
that will be cut down specific to the wetlands, the parking lot, the additional fields, and the
addition of the school. He also asks for the plan specifications for the two playing fields.
Michener states that the surveyors did not provide the number of trees that will be taken down.
The resident asks for the square footage for the detention pond and the parking lot. Michener
states that the detention pond will be 15,000 square feet and the parking lot will be 7,000 – 8,000
square feet. The resident asks what the additional square footage will be to provide the fire lane.
Michener states that area will be 10,000 square feet. The resident asks the size of the playing
fields. Michener states that the area for the fields is 2.5 acres. There is some question to the size
of the playing fields. Lang states that 2.5 acres equals 115,000 square feet. Mainville states that
this section has been revised and they will not be full-sized playing fields, this area is considered
a play area. The resident asks if the 1,000 trees mentioned earlier are only for the playing fields.
Mainville states that it was an approximation only for the playing fields.
Renee Mary, 274 Hale Street states that this estimation on the number of trees to be cut down is
inaccurate. She makes reference to her notes to back up her information.
Kathy Burack, 6 Brimbal Hill Drive asks under whose jurisdiction is the ultimate decision of the
playing fields and the area that has to be cleared. Lang states that the City Council or the Mayor
could overturn this. Burack states that a number of neighbors who are concerned for flooding,
traffic, and noise and states that there has been no way for them to comment on these issues.
Renee Mary, 274 Hale Street states that water runs downhill without the trees and will then
becomes a public problem.
Joan Murphy, 36 Longmeadow Road states that she is very concerned that further measurements
are taken. She states that the Sonning Road area is already subject to flooding and explains that
this area is downstream to this project, therefore this area is also affected if there is any elevation
to the water table.
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March 10, 2001
Page 10
John Murray, 14 Greenwood Avenue states that it would be appropriate to determine if there is a
buffer zone plan in the drawings because the neighbors are showing concern and they will be
affected by a change to the water table.
Renee Mary, 274 Hale Street states that during the site walk there and area that was within 60
feet from the existing stream. Lang states that in that area, the line has been moved back 100
feet from the wetland and states that no cutting will take place in that area. Mary states that she
is concerned for cutting trees down during the bird’s nesting season in late summer.
Carl Benne, 44 Hillcrest Avenue states that the dynamics of the climate changing and more
extreme flooding should be taken into consideration by the Commission.
Another Beverly resident asks if the 15-inch pipe that goes over to Putnam Street is capable of
handling the flows as a result of this project. Mainville states that the size of that pipe is capable
of handling the proposed conditions. He states that they will be decreasing the rate of runoff in
this area and this pipe will tie to the existing 15-inch pipe. He explains that the pipes get
progressively larger as it gets closer to the discharge pipe out to the stream. The resident asks
what the amount of impervious area with the parking lot and the increased size of the school.
The resident asks if the size of the school has been doubled. Mainville states that the size of the
school has essentially doubled.
Benevento asks if the size of the detention area is based on the amount of impervious area of the
site. Mainville states that it was calculated by the way the site was capable to provide more than
24 hours of detention time for the detention basin to sump out the settlement in the basin.
Benevento asks if the rate of runoff decreases from what it is now. Mainville states that it does.
Another Beverly resident states that she has heard rumors of the addition of an access road off of
Red Rock Lane. Mainville states that he has no knowledge of that roadway and it is not
presently part of the existing plan.
Steve Ingalson, 11 Butterworth Street states that he is concerned that the trees existing on this
plan as a buffer will not be enough to prevent the noise. Lang suggests that he should call the
Mayor’s office.
Lang asks if the wetland in the valley area have been flagged. Michener states that all of the
wetland areas have been flagged.
Mainville states that the original Order of Conditions states that the completion will be May
2002. He states that he will need to extend that at least another year. Lang asks when
construction will begin. Mainville states that they should begin May 1, 2001 and states that
construction should be complete by September 2002; therefore he is requesting and extension to
May 2003. Lang suggests that if next year the extension is necessary, file for an extension at that
time. Hurlburt states that filing must be done 30 days prior to the expiration date.
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March 10, 2001
Page 11
Mazuy moves to extend the application to September 2003 based on the fact that construction
will not begin until May 2001, seconded by Paluzzi. Motion carries 5-2. Lang and Grimes
opposed.
Benevento moves to close the public hearing, seconded by Mazuy. All members in favor.
Motion carries 7-0.
Continuation: Route 128/Burger King site – redevelopment of site – Rubin & Rudman
Peter Feuerbach, an attorney for Rubin & Rudman, is present to represent the applicant, Boston-
N Beverly Inc. He states that the wetlands have been redelineated and a revised site plan has
been submitted. He also states that the wetlands have been flagged. A report of the
redelineation completed by Environmental Research Corps is given to the Commission members.
Feuerbach gives a description of the site on Route 128 North, which consists of two parcels that
includes one restaurant parcel and one gas station parcel. He states that Boston-N Beverly Inc.
plans to demolish the existing restaurant and build a new one larger in size and return fuel
service to the property. He states that they will not be changing the limit of paving toward the
direction of the wetlands. The only work that will take place in the 100-foot buffer zone will be
upgrading the existing silt fence and scraping down the surface of the existing pavement and
putting down a new pavement surface. Feuerbach explains the drainage of the site; one area
flows into the existing drainage system for Route 128 and the rest of the site, not including the
gas station area, will be picked up by catch basins 8 and 9. Those two catch basins then drain
into an outfall that is 120 feet from the edge of the wetlands and bordering vegetation. He states
that the proposed plan is not subject to regulation and does not require the filing of a Notice of
Intent (see attachment).
Benevento asks if he is suggesting that there is no work in the buffer zone or there is no drainage
into the buffer zone. Feuerbach states that the drainage is 120 feet outside the buffer zone.
Benevento asks if there is work in the buffer zone. Feuerbach states that there is. Benevento
states that the work in the buffer zone is subject to protection under the Act. Feuerbach agrees
with Benevento but states that with respect to the drainage, it is not subject to regulation since it
is outside the buffer zone.
Mazuy asks if there will be any excavating. Feuerbach states that there will be excavating.
Mazuy asks to what depth. Feuerbach states that they will not go any deeper than the existing
basin, which is 8 feet. Mazuy asks if the new building will have a basement. It will not. Mazuy
asks if the discharge from the drainage flow into the 100-foot buffer zone. Feuerbach states that
it will. Mazuy asks if it will also flow into the wetlands. Feuerbach states that he assumes it
will.
Donnelly asks why the new delineation for the wetland area does not show the entire area to the
west. A representative for the project, Mr. Johnson states that he will have to ask the botanist.
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March 10, 2001
Page 12
Donnelly requests that delineation be completed for the entire buffer zone. Lang states that it
would be helpful when the site walk is conducted. Lang asks if new flags were put in. Johnson
states that there were new flags put in and there were no remnants of the old markings.
Donnelly asks for an explanation of the changes made to the drainage design. Johnson explains
that the catch basin that is located at the current low point on the site drains and across the back
of the site to a new catch basin that has been added. He states that the back portion flows down
the pavement into the wetland. He points out where two catch basins have been added. He
states that the slope of the pipe that drains across the back of the site is ½%, which does not
generate a great deal of velocity. A terminal manhole has been added with a 4-foot sump pump
that will slow velocity.
Lang asks if they have received any comments on this improved drainage design from the DEP.
Johnson states that this is the original plan that was submitted to DEP with the exception of the
4-foot plunge pool and terminal manhole to change the direction of the flow.
Benevento asks if an oil/gas separator will be installed. Johnson states that there are oil/gas
separators at the catch basins included in the plan. Benevento states he is opposed to the use of
hooded oil/gas separators and states that since there is fuel service on this site, it furthers the
need for an oil/gas separator on the plan. He states that this will improve the quality of water
going into the resource area. Johnson states that the gas station area does not flow in the
direction of the wetland area, it flows to the existing drainage for Route 128. Lang states that it
will all eventually flow to the same area of wetlands.
Lang asks if there are any questions from the public.
Renee Mary, 274 Hale Street asks if the public can attend the site walk. Lang states that the
public can attend.
Benevento moves to continue the Notice of Intent to the next meeting on May 1, 2001 with a site
walk scheduled for April 25, 2001 at 6:00 p.m., seconded by Paluzzi. All members in favor.
Motion carries 7-0.
New: 181 Elliott Street – public access pathways – Cummings Center
[Lang recuses himself from this portion of the meeting.]
Bruce Oveson of Cummings Properties is present and states that Cummings Properties is
requesting the review and approval of the public access walkway. He presents a plan of the
proposed public access walkway that shows already existing sections of the walkway as well as
sections that are to be completed. Oveson explains that the proposed pathway begins at the
Elliott Street side of the Cummings Center over to McKay Street connecting to the upper and
lower pond. He states that the north end of the pathway will tie in to McKeown School. He
explains that there are 5 vistas required along this pathway that will consist of seating, trash
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March 10, 2001
Page 13
receptacles and lighting. He states that Cummings Properties is proposing to incorporate six
vistas to include one elevated vista upon completion of the parking garage. He explains that
along the pathway there will be 14 designated areas displaying various plaques explaining the
history of the Shoe. Oveson states that they are required to have ten reserved parking spaces that
will be located at the north end of the lower pond. He explains that on certain sections of the
walkway steel piles will be used.
Donnelly asks if there will be wheel prevention put in place along the walkway to prevent
vehicles from using the walkway. Oveson states that there will be wheel prevention put into
place as well as a 3-foot fence around the walkway.
Grimes asks when construction will begin. Oveson states that once all approvals are in place,
they would like to begin. He states that he is waiting for Chapter 91 response back from DEP
and states that once this Commission is satisfied, they should begin this summer. Grimes asks if
they plan to put in the necessary safeguards during the construction of the walkway. Oveson
states that pathway will be built up near the pond using a minimum of 2 inches of asphalt over
about 4 inches of crushed stone that should work with the contours. Grimes asks what type of
machinery will be used. Oveson states that a bobcat will be used for the asphalt, and a small
backhoe will be used to complete the electrical work for the vistas.
Paluzzi asks if any trees will be cut down along the pond. Oveson states they will not. Paluzzi
asks if the 3-foot toddler fence will go all along the entire pond section of the walkway. Oveson
states that it will.
Paluzzi asks if there are any more questions from the members of the Commission. There are
none.
Paluzzi asks if there are any questions from the public.
Carl Benne, 44 Hillcrest Avenue asks what the width of the walkway will be. Oveson states that
Cummings Properties is proposing 6 feet. He states that the walkway at Stop & Shop is 6 feet
wide and by proposing 6 feet for the width of the walkway will decrease the amount of
impervious surface by 40%. Benne asks if there will be a connection to the Stop & Shop
walkway. Oveson explains where the walkway will begin on Elliott Street and states that the
intersection is the connection.
Joan Murphy, 36 Longmeadow Road states that she has concern for safety and asks if 6 feet will
be wide enough for bicycles to pass one another and if that width will be wheelchair accessible.
Oveson states that 6 feet will be wide enough. Murphy asks how many parking spaces will be
lost. Oveson states that none will be lost. Murphy asks if the path is 6 feet wide continuously.
Oveson explains that they decided on 6 feet since in only one area across the top of the dam will
it be less than 6 feet stating that in this area it will be 5 feet wide. He states that by using 10 feet,
there are some areas that paving would have gone into the buffer area. Murphy asks if there will
Conservation Commission Meeting Minutes
March 10, 2001
Page 14
be public restrooms along this walkway. He states there will not, but there are public facilities
available in all the buildings at the Cummings Center.
Rosemary Maglio, 30 Pleasant Street states she is in favor of the walkway being less than 10 feet
in width. She asks if there could be a site walk conducted to review the areas of the walkway.
Oveson states that site walks have been conducted several times. Maglio asks if there will be
parking along the side of the pond area. Oveson states that parking will not be changed at all and
explains that on the area of the walkway that will be elevated they plan to drive steel piles into
the face of the bank therefore not losing any parking.
Carl Benne, 44 Hillcrest Avenue states that if the conditions for the Chapter 91 License is to
install a 10-foot walkway, why is this being compromised. Benevento asks what the width of
Stop & Shop walkway is. John Murray states that the width is 6 feet. Benevento asks if
Cummings has filed this change with DEP. Oveson states yes. Benevento states that what the
Cummings Properties is proposing has less of an impact on the resource area, which is a good
thing.
Renee Mary, 274 Hale Street states that to her knowledge, the letter that Oveson is referring to
was not endorsed by the Conservation Commission. Paluzzi states that the Commission decided
not to take the vote and did not endorse the letter.
Benevento states that questions from the public should be limited to questions relative to
resource areas.
Benevento moves to close the hearing, seconded by Donnelly. Motion carries 6-0-1. Lang
abstains.
[Lang returns to the meeting.]
New: 167 West Street – sewage disposal replacement – George Cushing
Bill Perkins is present as the engineer representing George Cushing. He explains that this is
oceanfront property and is proposing to replace the existing cesspool. He explains the new
system being proposed for installation is an alternative system to that of a conventional septic
system since it will have a sand filter between the septic system and the leaching field. He
explains that because of the sand filter, the size of the system can be reduced to what presently
exists. He states that the total disturbed area will be 3,800 square feet. Perkins explains that the
wetland areas have been flagged and the increased slope to the leaching field will minimize
erosion.
Lang asks what the maintenance plan will be for the sand filter. Perkins explains that DEP
requires operating maintenance for the entire life of the system. In the first year samples are
taken four times and sent to DEP, each year after that samples are taken annually and sent to
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March 10, 2001
Page 15
DEP. Lang asks if there is a small pond on that property. Perkins states that there is a self-
contained manmade pond on the property.
Grimes asks what the setbacks are from the resource area. Perkins states that from the setbacks
are as follows:
From the ocean side:
Septic tank -145 feet
Sand filter – 82 feet
Leaching area – 160 feet
From the North side where the salt marsh comes in:
Septic tank – 27 feet
Sand filter – 48 feet
Leaching area – 22 feet
Grimes asks if the best alternatives have been considered. Perkins states that this is the best
possible proposal to minimize disturbance to the resource areas.
Lang asks if the DEP has any other recommendations. Perkins states that DEP has viewed the
site and they are waiting to receive written approval from them as well as from the Board of
Health.
Benevento asks how long the DEP has to respond. Perkins states that legally they have 90 days
but will hopefully get response within 60 days.
Lang asks when construction will start. Perkins states they will most likely begin in July 2001
when the site is the driest. He states that construction should last for 30-45 days.
Benevento asks how maintenance of this system is done. Perkins explains that the manhole is
percolated by gravity through the sand to clear out the pipes. Benevento asks if the restrictions
on this system are in place. Perkins states yes and explains that the septic tank is in front of the
sand filter to prevent any solids from reaching the sand filter.
Paluzzi asks if the root systems for the existing pines will be disturbed during the excavation of
the leaching field. Perkins states yes, he anticipates 4-6 trees will be removed.
Lang asks if any materials will be moved within the buffer zone. Perkins states that there will be
materials placed within that area temporarily when constructing the leaching field, but will be
removed upon completion. Lang asks how long the materials will be there. Perkins states that
construction should be complete in 30-45 days.
Lang asks if the Commission has any more questions. There are none. Lang asks if the public
has any questions. There are none.
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March 10, 2001
Page 16
Mazuy moves to close the hearing, seconded by Grimes. All members in favor. Motion carries
7-0.
New: 275 Hale Street – inground pool with terrace – Andrew Douglass
Environmental consultant Mike DeRosa of DeRosa Environmental states that original plan has
been redesigned and the location of the pool has been moved closer to the house, outside the
resource areas. All abutters have been notified and have received responses. He states that the
resource areas remain the same since the last discussion in January with the exception that the
coastal bank he referred to in January is, in fact, a coastal dune. DeRosa states that all equipment
access will be done along the driveway and they will use a small excavator to remove an existing
wall to provide access behind the house. He states that all excavated materials will be removed
from the site.
Benevento asks if the structural stability of the proposed plan has been considered. DeRosa
states that he has met with the contractor and do not foresee any problems.
Mazuy asks if structural calculations have been made. DeRosa states there have not. Mazuy
asks what the slope is from the top of pool to the bottom of the hill. DeRosa states it is
approximately 20 feet.
Donnelly states that he would like to see a structural cross-section completed by a structural
engineer before any approval is given. Donnelly asks the height of the wall. DeRosa states that
it is 6 feet high.
Lang asks if there are any additional questions from the Commission. There are none. Lang
asks if there are any questions from the public. There are none.
Benevento moves to close the hearing, seconded by Johnson. All members in favor. Motion
carries 7-0.
New: 254 Essex Street – YMCA addition, parking lot, outdoor pool, basketball court &
detention basin – Beverly Regional YMCA (Sterling Ctr.)
Attorney Thomas Alexander is present on behalf of the YMCA and states that he is also
President of the Board. He states that the proposed changes and additions to the existing YMCA
Sterling Center are as follows:
1. Provide handicap and special needs accessibility to include bathrooms;
2. Life safety systems be brought up to code to include sprinklers and alarms;
3. An additional 50 meter pool in the area of the existing pool area to allow more lessons and
lap times for members;
4. The addition of a new 10,000 square foot gymnastics facility to replace the existing
Brimbal Avenue location;
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March 10, 2001
Page 17
5. The addition of a new outdoor pool to better service summer campers, the present pool is
inadequate;
6. The addition of permanent outdoor bathroom facilities;
7. The addition of an outdoor basketball court;
8. Improvements to the existing parking lot.
Alexander states that the proposed changes to the existing parking areas will be 3-4 feet away
from the resource area. He states that the overall changes will better facilitate the 20,000 local
residents that utilize the YMCA Sterling Center.
Mike DeRosa explains the resource areas to include Bordering Vegetative Wetland, Intermittent
Stream, Inland Bank, and Federal Isolated Wetland. He states that the environmental
improvement efforts pose a better situation than what presently exists. He states that the
proposed surface of the new parking will be pulled back away from the wetland allowing more
of a vegetative buffer. He states that the proposed parking areas are greater than 80% TSS
approved and explains where the parking lots drain proving to be a major improvement to the
existing conditions. DeRosa explains the drainage improvements to what presently exists on the
site. He states that the wet basin will improve habitat value and also improve the hydrology in
this area. He states that the elevation of the pond will not change based on the proposed drainage
plan. He also explains some of the plants that will be brought into the site and plans to make
enhancements to the existing wooden bridge as well as remove the concrete that is present along
the shoreline, which will further add to the habitat value.
DeRosa explains the maintenance plan stating that the downstream defenders will be cleaned out
on an as needed basis. The detention basin and wet basin have been designed to require very
little maintenance. He states that sedimentation control will be put into place using hay bales
and silt fencing to protect the wetland.
Lang states that the site visit will be scheduled for April 25, 2001 at 7:00 p.m.
Grimes asks how many spaces will be added to the parking area. DeRosa states there will be 200
spaces.
Lang asks if the calculations of the existing runoff is available for both pre and post completion
of the proposed plan. Ken Molds of Meridian Engineering states that he has that information:
Conservation Commission Meeting Minutes
March 10, 2001
Page 18
Lang asks if there are any questions from the public.
Candace Pike, 291 Essex Street asks where this property is, she asks if this property begins after
the 10-foot right-of-way behind the YMCA property. Alexander explains where the right-of-
way exists and states that the area of the right-of-way is City-owned property. She asks is this is
connected to the Dallas property. Alexander states that it is not. Pike asks if all the traffic from
the YMCA will remain coming out onto Essex Street. Alexander states that it will.
Lisa McFadden, 252 Essex Street is requesting a continuation stating that she received her notice
of the filing without enough time to get a copy of the plan. Lang states that this will be
continued with a scheduled site walk schedule for April 25, 2001 at 7:00 p.m.
Larry Ralph, 262 Essex Street also states that he was not able to receive the plan from Michael
DeRosa. Benevento states that you can get a copy of the plan from City Hall in the future.
Lang asks if there are any further questions from the public. There are none.
Mazuy moves to continue the Notice of Intent to the next meeting on May 1, 2001 with a site
walk scheduled for April 25, 2001 at 7:00 p.m., seconded by Benevento. All members in favor.
Motion carries 7-0.
Old/New Business
Information presentation: 376 Hale Street – Endicott College – Library addition
Joe Orzel of the Gulf of Maine Co. is present to represent Endicott College and states that it is
their intent to file a Request for Applicability for the addition to the rear of the library outside of
the buffer zone. He explains that the proposed plan includes a 20-foot wide paved emergency
road for a fire lane as well as the expansion of the existing library to include the redesign of the
front entrance. Orzel states that there will be blasting work done approximately 50 feet away
from the buffer zone and approximately 150 feet from the resource areas. He states that access
during the construction will be on the existing roadway. He states that hay bales will be put into
place from the proposed limit of work areas through the sides of the driveway. Orzel states that
the blasting will take place between Mary 24, 2001 and June 24, 2001 when student population is
at the lowest.
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March 10, 2001
Page 19
Donnelly asks if any work will be done inside the buffer zone. Orzel states there will not be any
work completed in the buffer zone.
Benevento asks what approval they are looking for. Hurlburt states Negative # 3 Determination
would be appropriate.
Grimes asks if the wetlands have been flagged. Orzel states that they have been flagged.
Benevento asks if the redesign of the front entrance will consist of only carpentry work. Orzel
explains that the work will include a new stairway to the second level.
Lang asks if there are any questions from the public.
Renee Mary, 274 Hale Street states that she would like to attend the site walk.
John Murray, 14 Greenwood Avenue states that he is the Ward 6 Councilor and would like to
know the hours of blasting that will take place so he can inform residents in his Ward. Dick
Wiley, the President of College, anticipates that the blasting should take place for approximately
three weeks. He states that blasting will not begin before 9:00 a.m. during the weekdays and
there will be no blasting taking place on the weekends. He states that some for the materials
from the blasting will be used as fill for the athletic field.
Modification request: DEP file #5-631 – Tall Tree Drive – house footprint
Phil Moran, an attorney representing the owners of the Tall Tree Drive property, states that they
are requesting to move the footprint of the proposed house on Lot 3 to include some regrading.
He states that this is a minor change and will have less of an impact on the wetlands.
Benevento asks if the house has been built. Moran states that it has not.
Benevento moves to grant the application for the modification to Lot 3 on Tall Tree Drive with
the Special Conditions that were issued previously, seconded by Donnelly. All members in
favor. Motion carries 7-0.
Modification request: DEP file #5-718 Kennell Hill Drive – extend grade
Paul LaPointe is present stating that he would like to extend the grading area beyond the silt
fence and hay bales on his property. He proposes to do some excavation and use some topsoil to
level that area and plant grass.
Benevento asks if he will be filling that area or merely top dressing it. LaPointe states that he
will be top-dressing that area.
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March 10, 2001
Page 20
Mazuy asks to what depth will he be top-dressing. LaPointe states that the depth will be 6 inches
maximum. He also explains that he proposes to moves the hay bales from their present position
out a maximum of 15 feet.
Mazuy asks if anyone on the Commission has visited the site. No one has gone to the site.
Lang asks how far beyond the hay bales is the wetland. LaPointe states that it is quite some
distance away from where he would like to extend the grass out.
Benevento moves to grant the application with the Special Conditions that were issued
previously, seconded by Paluzzi. Motion passes 5-0-2. Mazuy and Donnelly abstain.
Hurlburt requests that once the hay bales have been moved, LaPointe is to come in and show her
the exact line that they were moved to. She also requests that once the hay bales have been
moved he should notify the City Engineer.
Approval of Abbreviated Notice of Resource Delineation
Continuation: Sam Fonzo Drive – Resource Area Delineation – Fonzo Realty Trust
Donnelly moves to approve the modified request for Resource Area Delineation for Sam Fonzo
Drive, seconded by Benevento. All members in favor. Motion carries 7-0.
Approval of Notice of Intent
Amended Order of Conditions: North Beverly School/Putman Street – City of Beverly
Benevento moves to issue the following conditions:
1. Standard Conditions;
2. Stormwater collection system must be working properly and must be approved by the City
Engineer. The pipes must be repaired and repair must ensure that runoff from enlarged
parking area and construction area can handle this runoff;
3. 100 ft. buffer zone must be staked along the playing fields with construction tape or other
such device;
4. The documentation done for wetland delineation must be given to the Commission; and
5. Applicant to submit revised site plan that illustrates the revised replication area.
Seconded by Paluzzi. Motion carries 6-0-1. Johnson abstains.
181 Elliott Street – public access pathways – Cummings Center
Benevento moves to issue Standard Order of Conditions contingent upon an approval of Chapter
91 from DEP, seconded by Paluzzi. Motion carries 6-0-1. Lang abstains.
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March 10, 2001
Page 21
167 West Street – sewage disposal replacement – George Cushing
Paluzzi moves to issue the following conditions:
1. Standard conditions; and
2. Annual testing reports shall be submitted to the Commission and Board of Health.
Seconded by Mazuy. All members in favor. Motion carries 7-0.
275 Hale Street – inground pool with terrace – Andrew Douglass
Donnelly moves to issue the following conditions:
1. Standard Order of Conditions; and
2. Submission of a Cross-Section drawing by a professional Structural Engineer to include
supporting calculations and letter attesting to the pools integrity at this location.
Seconded by Mazuy. All members in favor. Motion carries 7-0.
Certificate of Compliance
DEP File #5-621 – 10-12 Congress Street – Morton International
Benevento moves to approve the Certificate of Compliance for 10-12 Congress Street – DEP File
#5-621, seconded by Paluzzi. Motion carries 7-0.
DEP File #5-619 – 20 Foster’s Point – Barbara McNeil
Lang asks the Commission if they have had an opportunity to visit the site. None of the
Commission members were able to visit the site.
Benevento moves to continue to the next scheduled meeting on May 1, 2001, seconded by
Paluzzi. All members in favor. Motion carries 7-0.
DEP File #5-514 – 25 Cardinal Road – Lot 25 – Alexander & Femino
Hurlburt explains that this if part of a four-lot subdivision and this lot is outside of the resource
area.
Paluzzi moves to approve the Certificate of Compliance for 25 Cardinal Road – Lot 25 – DEP
File #5-514, seconded by Mazuy. All members in favor. Motion carries 7-0.
Conservation Commission Meeting Minutes
March 10, 2001
Page 22
Other Business
Hurlburt states that she has some notifications to hand out if any members are interested.
Stanley Street Compost will open April 23, 2001; hours will be Monday, Thursday and Saturday
– 8:00 a.m. to 3:30 p.m.
Hurlburt explains that an area in front of the residence at 22 Sylvester Avenue has been cut down
of vegetation and it appears that it was done to get a view of the water. She states that this is
City-owned property. She states that five or six trees were cut down. She is suggesting that the
City replace the trees.
Hurlburt states that the Building Inspector has shut down a job at Cycles 128 this past week
based on her compliant that work was being done without a permit. She explains that there was
a pile of fill approximately 15 feet high and approximately 10 feet away from the resource area.
She explains that she sent the Building Inspector to the site and states that a 6-foot retaining wall
is required for the conditions on this site; therefore the job was shut down. She suggests that the
Commission send out a letter stating that they must file or all the material has to be removed
from the site.
Approval of Minutes
Donnelly moves to approve the minutes from the February 26, 2001 meeting, seconded by
Paluzzi. Motion carries 4-0-3. Benevento, Mazuy and Lang abstain.
Donnelly moves to adjourn, seconded by Mazuy. All members in favor. Motion carries 7-0.
The meeting is adjourned at 11:30 p.m.