1997-04-08BEVERLY CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 8, 1997
A regular meeting of the Beverly Conservation Commission was held
on April 8, 1997 at 7:00 p.m., third floor Council Chambers, City
Hall, 191 Cabot Street.
Those Present were: Chairman David Lang, Tony Paluzzi, Patricia
Grimes, Jon Mazuy, Jay Donnelly, Dr. Mayo Johnson, Richard
Benevento. Also present was Assistant Planning Director Debbie
Hurlburt and Susan Akerman, Secretary to the Commission.
The meeting was called to order by Chairman Lang at 7:00 p.m.
Request for Determination of Applicabilities:
a. Continuation: 37 Prince Street/landscape work/Gina & William
Miller
Chairman Lang asked if any members did a site walk and asked for
their input.
Tony Paluzzi stated that he visited the site, that it was covered
with snow, but that it seemed fairly straight forward.
Jon Mazuy stated that he has two concerns. The first being the
grinding of stumps, and if the stumps are going to be removed, and
the second concern being that the Commission should require that
there be hay bale and silt fencing placed around the area to
establish a limit or from the buffer zone to the edge of the
embankment for additional protection purposes.
Gina Miller proponent addressed the Commission and reviewed the
revised plan and explained that the buffer zone will be 5' above
the ledge of the embankment and that they have moved the path out
of the 100 year flood plain.
Ms. Miller reviewed the proposal regarding the erosion plan and
explained that she counted 37 stumps that would be cut and left
flush and stated that not more than 25% would be removed.
Jon Mazuy asked if the landscaper could mark the stumps to be
removed during the process. Ms. Miller responded yes.
Jon Mazuy asked how soon after the grinding and excavation process
is done are the new plants put in. Ms. Miller stated as quickly as
possible.
Jay Donnelly asked how the landscaper will keep the soil on the
slope stable. MaryAnne Malarky, Landscape Designer for the project
explained that they would plant immediately, within 1-2 weeks so
the slope should remain stable.
Jay Donnelly questioned if the landscaper would have to use fabric
to keep the soil in place. Ms. Miller stated that in her opinion
the path is not a high erosional area and that fabric would not be
necessary.
An Engineer from Hancock Survey addressed the Commission and stated
that there will be a limited amount of work done, so a limited
amount of disturbance will occur and he explained that silt fencing
will adequately deal with any erosion problems and that they intend
to have the landscaping done as soon as possible.
Debbie Hurlburt stated that since there will be minimal stump
removal, erosion should not occur, and that the area should remain
stable.
MaryAnne Malarky explained that not the whole root system gets
ground, only about 10".
Chairman Lang asked if the stumps will be left in place. Ms.
Miller explained that the stumps will be cut to the ground and that
plants will be placed around the stump. Ms. Malarky stated that
the stumps will be visible until the plants have a chance to grow.
Chairman Lang asked what type of plants will be used. Ms. Malarky
explained that indigenous types of plants will be used and stated
that a plant list has been provided in the submittal.
Tony Paluzzi asked how the landscaper intends to stabilize the
mulch in the pathway. Ms. Miller explained that the chips from the
stumps will line the pathway and that normal useage of the path way
will eventually cause the mulch to stay in place.
There being no further questions or comments regarding this matter,
a motion was made by Tony Paluzzi to issue a Negative Request for
Determination with the conditions that silt fencing be placed
around the area, that the stumps are marked with paint for
verification purposes and, that in doing so construction stay off
the beach and that there be no less than an 8' buffer zone at any
point, seconded by Pat Grimes and approved unanimously.
b. New: Spruce Run (Lot 3)/house construction/Cove Realty Trust
Sally Newman of Wetland Preservation, Inc. addressed the Commission
and stated that they are proposing construction of Lot 3 of the
subdivision. Ms. Newman stated that there are no resource areas or
buffer zones, and that Lot 3 does not fall within the jurisdiction
of any wetlands.
Chairman Lang asked if there were stakes in the ground. Ms.
stated that she would have to check.
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Jon Mazuy suggested that the Commission do a site visit of Lot 3
when the Commission does their site visit for Lot 11.
Chairman Lang agreed with Jon Mazuy's suggestion.
Richard Benevento joins the meeting at this time.
Jay Donnelly stated that he doesn't feel that this lot is within
the jurisdiction of the Commission.
Chairman Lang stated that there were a number of depressions that
held water, but that there was no vegetation.
Dr. Johnson questioned if the shed was located on Lot 3. Ms.
Newman stated that she was not sure exactly where the shed was
located, but that she didn't believe it was on Lot 3.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Request for
Determination of Applicability on Spruce Run (Lot 3) to the
Commission's next meeting scheduled for April 29, 1997 pending a
site visit on Saturday, April 19, 1997 at 9:00 a.m., seconded by
Tony Paluzzi and approved unanimously.
Al Carter of 75 Cross Lane asked if the purpose of this meeting was
to determine if Lot 3 is a buildable lot. Chairman Lang explained
that the purpose is to determine whether the lot is subject to
wetland jurisdiction and if there are any issues the Commission
needs to address.
Mr. Carter asked if Lot 3 was in an R22 zone. Ms. Newman stated
that the majority of the lot was in an R22 zone.
c. New: 45 Enon Street/delineation determination/Frangos Realty
Trust
William Bergeron of Hayes Engineering addressed the Commission and
explained that the piece of land being described is located at the
rear of the Commodore Restaurant. Mr. Bergeron explained the plans
and gave the history of the site and explained that this request is
being made because a potential resource area may be within the
Conservation Commission's jurisdiction. Mr. Bergeron stated that
there is no inlet or outlet to this potential resource area and
that there is no discharge on the site.
Jon Mazuy asked if Mr. Bergeron was aware that the rear portion of
the site is being used as a dump site. Mr. Bergeron stated that he
was aware of construction activity.
Jon Mazuy stated that he visited the area recently and saw that
there were tires being dumped there and suggested that the
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Commission take a look at the area to see what's out there and to
address the question of jurisdiction.
Pat Grimes stated that she agrees with Jon Mazuy's suggestion.
Mr. Bergeron stated that he will have their botonist available at
the site visit to answer any questions or concerns.
Jon Mazuy asked if the area could be flagged. Mr. Bergeron stated
that there are flags already present.
Chairman Lang stated that more detail was needed on the surveyance
plan.
Richard Benevento explained that any resource areas that are across
the tracks and are within 100' of the property line need to be
identified on the plan.
Chairman Lang asked if anyone from the public would like to speak
on this matter.
Margie Crosby of Beverly explained that her property abuts 45 Enon
Street and stated that the wetlands stay about 95% full during the
year and that she is concerned with the wildlife.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to continue the Request for
Determination of Applicability to the Commission's next meeting
scheduled for April 29, 1997 pending a site visit at 45 Enon Street
on Saturday, April 19, 1997 at 10:00 - 10:15 a.m., seconded by Tony
Paluzzi and approved unanimously.
d. New: Boyles Street/debris removal & fence installation/Mass
Electric
Elizabeth Green, Environmental Engineer for Mass Electric addressed
the Commission and explained that Mass Electric is proposing to
clean up dumped debris and install a chain link fence 7' high on
Boyles Street. Ms. Green explained that a resource area is located
on the other side of the paved area and falls within the 100'
buffer zone.
There being no further questions or comments regarding this matter,
a motion was made by Dr. Johnson to issue a Negative Request for
Determination of Applicability #3, seconded by Jay Donnelly and
approved unanimously.
A motion was made by Dr. Johnson to recess for the purpose of
holding public hearings, seconded by Jon Mazuy and approved
unanimously.
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Public Hearinqs
a. Amended Order of Conditions/LP Henderson Rd/Vegetation
Management/MAC
Diane Mas of Baystate Environmental Consultants addressed the
Commission and updated the members with respect to the last meeting
stating that Baystate is concerned with some of the special
conditions especially the prohibitation of herbicides. Ms. Mas
stated that the Salem/Beverly Water Supply Board does not have a
problem with this issue of herbicides and that Baystate is looking
to compromise.
Ms. Mas explained that Baystate is proposing that herbicides be
painted on the stumps right after they are cut and to amend the
Order of Conditions that the use of herbicides within the water
shed be allowed in all areas except Area C.
Chairman Lang stated that the Order indicates a specific micro be
allowed and asked where this acceptable standard derived from. Mr.
Knowlton stated the State Water Drinking Supply Division.
Mr. Ray Taylors, a herbicide expert adds that the specific
herbicide that is being proposed does not migrate much; that the
herbicide binds very tightly to the soil, so it is very hard to
move it.
Pat Grimes clarified that foliage treatment will be used in Areas
A,B and D and that the contractor will limit the use of herbicides
to stump treatment only in Area C. Ms. Mas stated that that was
correct.
Jay Donnelly asked Mr. Knowlton if he has seen the revised
conditions. Mr. Knowlton responded not as yet. Jay Donnelly shows
him the revised conditions and asked him to review and comment upon
them.
Richard Benevento asked if the contractor will be keeping daily
logs. Ms. Mas responded yes.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to close the public hearing
on LP Henderson Road, File #5-569, seconded by Tony Paluzzi.
Motion carries 6-1 with Jon Mazuy opposed.
A motion was made by Richard Benevento to accept the amended Order
of Conditions as written, seconded by Pat Grimes. Motion carries
5-2 with Chairman Lang and Jon Mazuy opposed.
Notice of Intent:
a. New: Birch Woods Drive (Lot 11)/house construction/Cove Realty
Trust
Sally Newman of Wetlands Preservation, Inc. addressed the
Commission and explained that she is here to present the
development of the house on Lot #11. Ms. Newman noted that there
are several conditions that pertain to development of this lot and
reviewed the Conditions.
Ms. Newman stated that Wetlands Preservation, Inc. is proposing to
construct a single family dwelling, that the foundation will be
slab, and that there will be limited grading.
Jon Mazuy asked if the site and the house site was staked out. Ms.
Newman stated she was not sure.
Jon Mazuy stated that he would like to see the numbers on the flags
and have the foundation footprint flagged.
Jay Donnelly asked if there is a proposal to design and install
culverts for the proposed gravel driveway. Ms. Newman shows the
design to Jay Donnelly.
Tony Paluzzi asked if there would be any filling in on the site
where the house is to be constructed. Ms. Newman explained that
there is a possibility that there will be limited amount of filling
in, but that the area is mostly flat.
Chairman Lang asked what the elevation of the stream is that is
located on the site. Ms. Newman stated she was not sure. Jay
Donnelly stated that it looks to be about 50'.
Richard Benevento asked if the roadway was under a different
filing. Ms. Newman stated yes, and explained that it was approved
in 1992.
Richard Benevento asked if the road has been built. Ms. Newman
responded no.
Richard Benevento asked if the resource areas were contiguous or
spreed out. Ms. Newman stated all over the place.
Jon Mazuy asked where the 100 year flood plain was located and
asked what its elevation is. Ms. Newman shows the location to the
Commission.
Richard Benevento stated that he would like to see the existing
contours in tenths and the proposed contours.
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Louise Southwick of 50 Boyles Street stated that the property in
question has flooded for 43 years, that there is a lot of wildlife
there and that it is a wetland that should be preserved.
Hugh Mulliganof Gulf of Maine addressed the Commission and stated
that he was asked to look at and comment upon the plan and the
conditions. Mr. Mulligan reviewed his findings and pointed out
several issues. Mr. Mulligan stated that it is a difficult lot
with a number of conditions that apply specifically to this lot,
and that it would be a good idea to identify the centerline of the
driveway on the plan, as well as the replication areas and the
filling in areas. Mr. Mulligan stated that a lot of detail is
missing and that this is the most critical lot in the subdivision.
Mr. Mulligan also noted that there are a lot more intermittent
streams in this area that are not shown on the plan.
Richard Benevento asked if this area could be identified as an
upland area. Mr. Mulligan stated yes, he believes that it would.
Pat Grimes stated that this is an unusual lot and that she would
like to see what exactly is going to be done on this lot and noted
that the plan did not show the replication areas.
Richard Benevento stated that he would like to see a copy of the
original Notice of Intent and questioned if the Notice of Intent
falls under the new River's Act Guide. Chairman Lang stated that
the stream dries up and that the Commission concluded that the
River's Act would not apply.
Chairman Lang requested calculation information with respect to the
100 year flood plain.
Stephen Edlestein of 95 Cross Lane stated that it is sad to him
that this lot is being developed with respect to the wildlife
living there and that there are more intermittent streams than
shown on the map. Mr. Edlestein further asked how and where this
house is being built and where the filling will occur. Mr.
Edlestein stated that he is concerned with where the water will go
and the consequences. Ms. Newman stated that there will be limited
grading and that DEP did examine the site.
A resident of 48 Boyles Street stated that this is a delicate area
with a high water table, that the area is often moist and can't
handle any more water and that some of the steams in the back dry
up but the steams in the front never dry up, they are always
running.
Louise Southwick of 50 Boyles Street stated that the steam is
always running and the area is always muddy.
Jon Mazuy asked if the areas that have their own septic field would
be affected. Ms. Southwick stated yes, if the water was diverted
and explained that the City of Beverly chose not to blast in this
area.
Jon Mazuy asked if a map was available for the entire area.
Mr. Mulligan noted it consisted of an 11 acre field.
Richard Benevento asked if the house would be septic or sewered.
Ms. Newman stated sewer.
Jay Donnelly asked how the sewer system will run and stated that he
would like to see the design of the sewer system. Ms.
explained that the sewer will be gravity feed to Cross Lane.
Richard Benevento stated that he would like all the details that
will possibly impact the wetlands.
Tony Paluzzi asked if any soil testing has been done on the wetland
lines. Ms. Newman stated she was not sure.
Ms. Newman stated that she will compile all the information/
details with respect to this lot and all the requested information
and submitted a synopsis.
There being no further questions or comments regarding this matter,
a motion was made by Richard Benevento to continue the Notice of
Intent to the Commission's next meeting scheduled for April 29,
1997, seconded by Tony Paluzzi and approved unanimously.
b. Continuation: Access Road/house construction & roadway/
Carnevale
Don Brings, a private design consultant addressed the Commission
and handed out the design for the foundation of the proposed
dwelling explaining that the proposed dwelling has been turned 90
degrees.
Chairman Lang asked how the water will be excavated with the new
footings. Mr. Brings explained that some pumping will take place
and that they will filter out anything being discharged with a
sediment tank and that no siltation will get into the wetlands.
Tony Paluzzi asked if the material that is to be put back into the
hole compacted. Mr. Brings stated yes.
Chairman Lang asked what the elevation of the wetlands will be.
Mr. Brings stated to the 43 line.
Chairman Lang asked what they would do with the unstable material
that was removed. Mr. Brings explained that they will take it off
the site and properly dispose of it.
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Chairman Lang stated that the Commission should require a storage
area outside the buffer zone.
Joan Murphy of 36 Longmeadow Road showed the Commission recent
pictures of the lot taken on April 5, 1997 and stated that it is an
extremely wet spot and that there would be an accumulative affect.
Mr. Brings explained that the area Ms. Murphy is referring to is
400 feet away from the proposed construction and stated that it
will not have any affect on the area, that they will not be adding
anything to the area.
A resident of 42 Longmeadow Road asked who the residents would go
to to complain about the water. Chairman Lang stated the City.
Joan Murphy asked if the Commission has checked out the area where
the detention area has been moved to to make sure it is not in the
wetlands. Mr. Brings stated that they moved the detention pond to
within 150' of the same spot.
Tony Paluzzi stated that he did check out the new location of the
detention area and that it does not encroach the wetland area.
There being no further questions or comments regarding this matter,
a motion was made by Jon Mazuy to close the hearing, seconded by
Richard Benevento and approved unanimously.
Order of Conditions
Access Road
A motion was made by Richard Benevento to issue standard conditons
and that (1) the fill slope adjacent to the wetlands be stabilized
with rip rap on a geofabric filter; (2) that the developer submit
in detail where the excavated material will be stored during
construction and excavation information regarding dewatering
details; (3) that the use of nitrates be prohibited; (4) that a
dumpster be on site for construction debris during house
construction; (5) that any debris from construction of the house be
hand picked out of the resource areas; (6) that construction and
dewatering plans be submitted ten days prior to work commencing for
review and approval by the Conservation Commission; (7) that the
plan identify dewatering discharge locations and that it be silt
free; (8) that the detention pond be constructed prior to the
construction of the house; (9) that an extra 25 haybales be stored
on site for emergency purposes; and (10) that the haybale line
shall be located at the toe slope and that there be a 3' distance
between the resource area and the haybales line, seconded by Tony
Paluzzi. Motion carries 6-1 with Jon Mazuy in opposition.
Old/New Business
Debbie Hurlburt stated that Birch Woods Drive Lots 1, 5, 8, 9 & 10
have been appealed, and that an appeal has been received recently
for Lots 2, 6 & 7 which makes all of Birch Wood Drive Subdivision
under appeal. Debbie stated that she notified DEP with several
concerns that she has.
Jay Donnelly asked Debbie if a letter has been written to Moynihan
Lumber requesting that they inform the Commission what they intend
to do to restore the slope to stop further erosion of the bank.
Jay Donnelly suggested that Debbie write a letter to Dave Gardner
accepting his proposal to speak to the Commission regarding an Open
Space Committee.
Debbie Hurlburt explained to the members that the State is looking
to expand the Bottle Bill beyond glass to include plastic and is
seeking Conservation Commission support.
Chairman Lang reads a letter with respect to the Bottle Bill.
(On File)
A motion was made by Richard Benevento to have Debbie send a letter
stating the Conservation Commission's support, seconded by Jon
Mazuy and approved unanimously.
Richard Benevento informed the members that the Engineering Firm he
works for will be doing work for the City to reconstruct Rte. 62
and that the project involves reconstruction of the roadway and the
installation of curbing and sidewalks. Richard Benevento goes over
the plan and stated that he has encouraged the Project Manager to
contact Debbie.
Approval of Minutes
February 18, 1997
A motion was made by Tony Paluzzi to approve the minutes of the
February 18, 1997 meeting as drafted, seconded by Dr. Johnson.
Motion carries 6-1 with Jay Donnelly obstaining.
March 18, 1997
A motion was made by Dr. Johnson to approve the minutes of the
March 18, 1997 meeting as drafted, seconded by Tony Paluzzi.
Motion carries 5-2.
A motion was made by Dr. Johnson to adjourn, seconded by Jon Mazuy
and approved unanimously.
Meeting was adjourned at 9:50 p.m.
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