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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. 2 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 3 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. 4 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. 6 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. 8 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. 10