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1997-03-18Beverly Conservation Commission Minutes of Meeting Tuesday, March 18, 1997 A regular meeting of the Beverly Conservation Commission was held on Tuesday, March 18, 1997 at 7:00 p.m. in the third Floor Conference room at Beverly City Hail. Those present were: Vice Chairman Tony Paluzzi, Jay Donnelly, Dr. Mayo Johnson, and Richard Benevento. Also present was Assistant Planning Director Debbie Hurlburt, and Eileen Saeeo, Acting Clerk. In the absence of Chairman David Lang, Vice Chairman Tony palnzzi chaired the meeting. REOUESTS FOR DETERMINATION OF APPLICABILITY Continued Public Heating - Birch Woods Drive - Lots 6 and 7 house construction/ Spruce Run Lot 2/House Construction - Cove Realty Trust Adele Furlclio of Wetlands Preservation addressed the Commission and noted that since the last meeting the mernbers have visited the site. She noted that the foundations have been staked out. Ms. Furiello also noted that lot 6 is not in the buffer zone and tot 7 has some buffer zone associated with the wetland and they would use erosion control measures in that area. Tony Paluzzi asked what the elevations of the cellars would be. Ms. Furiello explained the elevations of the cellars. Mr. Paluzzi asked if there was anyone present who would hke to comment on the project. City Councillor Virginia MeGlynn addressed the Commission and asked how many trees they plan to remove from lot 7. Ms. Furlclio stated that they would only be removing trees that they need to remove. She noted that they would be removing trees in the area that the detention pond off Birch Street. Councillor MeGlynn stated that she is concerned about the runoff and felt that the more trees that are left in that area the better it would be. Motion made by Richard Benevento to issue a Negative Determination # 1 for Birch Wood Drive lot 6, seconded by Dr. Johnson and approved unanimously. Motion made by Richard Benevento to issue a Negative Determination # 3 for Birch Wood Drive lot 7, seconded by Dr. Johnson and approved unanimously. Mr. Benevento also added the condition that the limit of the work as shown on the plan shail be s~,aked with erosion controls. Dr. Johnson suggested that the condition should be recorded on the deed so that it becomes a permanent part of the plan. Page 1 of 6 Motion made by Richard Benevento to issue a Negative Determination # 3 for Spruce Drive Lot 2, seconded by Dr. Johnson and approved unanimously. Mr. Benevento also added a condition that the limit of work should be adhered to as shown on the plan with the orange line, and that siltation control measures be taken. He also added that the Conservation Commission agent shall be notified 48 hours prior to the start of work on the site, and that all work associated with the construction of the house shall conform to the Superseding Order of Conditions issued by DEP. Determination of Applicability - 37 Prince Street - Landscape work - Gina and William Miller John Dick of Hancock Survey addressed the Commission on behalf of his clients Gina and W'dliam Miller. He explained that the Miller's have purchased a piece of property from Endicott College and would like to extend their back yard to the beach. He stated that they intend to use the land for passive purposes as a wooded or vegetated backyard. Mr. Dick explained that the area is in a buffer zone of a coastal dune. He also explained the work that they intend to do. Richard Benevento asked if there were any old railroad ties in the area of the old footpath. Mr. Dick explained that at the top of the path there are stone steps that will be removed. Mary Ann Mullarkey explained the location on the foot path. She also explained that it is a pine needle surface and they intend to leave it that way. Richard Benevento asked how they would access the construction ex!uipment for the beach. Mr. Dick explained the access to the property. He also noted that they would be using a bobcat at best, noting that they would be pulling stumps and very little clearing and grabbing would be done. Richard Benevento suggested that the Commission have a site visit. He also requested that the area be marked prior to the site visit. He also noted that he felt that the decision should be based on the final design plan for the project. Mr. Dick stated that he would like a week or so to get the area marked. The site visit was scheduled for April 5, 1997. Mr. Paluzzi asked if there was anyone present that would like to comment on the project. Richard Hersey addressed the Commission and stated that his sister abuts the property and they are in favor of the plan. Motion made by Richard Benevento to continue the request to April 8, 1997, seconded by Dr. Johnson and approved unanimously. Motion made by Richard Benevento to recess for Public Hearings, seconded by Dr. Johnson and approved unanimously. Page 2 of 6 Continued Public Hearing - Access Road/House Construction / Carnevale Adele Furiello addressed the Commission and noted that they have done a few revisions to the plan. She noted that the biggest change is the relocation of the detention pond to the rear of the existing house at 9 & 11 Access Road. She noted that this was done so that the grading could take place. She also noted that the drainage calculations would remain the same. Ms. Furiello stated that they would be grading the slope 2 -1 and would cover it with sod. Richard Benevento stated that he has a problem with how dose this is to the resource area, noting that lot 4 appears to be at the edge of the BVW. He noted that the area is not much of a backyard and questioned how they could keep people out of the resource area. Dr. Johnson suggested putting it on the deed, so that all future owners of the property will know the conditions of the plan. Mr. Benevento stated that he wants assurances that the resource area would be protected. Ms. Furiello stated that once completed, enforcement of the area is needed. She also noted that it is not unique to this type oflot. Richard Benevento suggested that they could rotate the house on the lot. Vernon LeBlanc, Engineer for the project addressed that and explained how the lots are laid out and stated that they could take a look at moving the location of the house. Mr. Paluzzi asked if there was anyone present who would like to comment on the project. Joan Murphy of 36 LongMeadow Road addressed the Commission and explained the history of the neighborhood. She expressed her concerns about flooding in the area. She noted that she has been there 30 years and the water that they are getting in the basement is getting worse. She stated that she is concerned about lot # 4 and the damage it could cause. Bob Perrone addressed the Commission and stated that he is also concerned about the flooding in the neighborhood. He noted that a friend has sever water problems in his basement. He stated that the water goes all the way to the end of the street and questioned where the water would go it they allow this construction to go on. Richard Benevento stated that he is concerned about the structural capacity of the soil and water table, and noted the project on Essex Street that failed due to poor soil conditions. Adele Furiello stated that she would provide information on the soils and the water table. Jay Donnelly suggested that the Commission deny the project on the basis of the encroachment to the wetlands and they would have to have a wetlands specialist define the wetland. Page 3 of 6 Richard Benevento stated that he would like to see the groundwater evaluation as well as the information on the structural stability of the soil, and suggested continuing the Public Hearing to April 8, 1997. He also requested that they investigate moving the house further away from the top of the slope, Motion made by Jay Donnelly to continue the Public Hearing to April 8, 1997, seconded by Dr. Johnson and approved unanimously. Continued Public Heating - Sunday Drive - Lot # 1 House Construction / Carnevale Adele Fmiello addressed the Commission and noted that they have revised the plan and the orange line indicates the 100 foot buffer zone. She also noted that as requested by the Commission the plan now shows the grade and is pitched away from the existing house adjacent to lot # 1. There being no further questions or comments on the matter, a motion was made by Richard Benevento to close the public hearing, seconded by Dr. Johnson and approved unanimously. The Commission discussed a modification to the house design and associated grading for lot 4 Sunday Drive. Motion made by Richard Benevento to approve the modification for lot 4 Sunday Drive, seconded by Dr. Johnson and spproved unanimously. Continued Public Hearing - Preston Place / House Construction / Townsend EliTebeth Wallace of Hayes Engineering addressed the Commission and explained the limit of the construction work on the plan. Richard Benevento questioned whether the Commission could close the public heating without a DEP file number. Debbie Hurlburt stated that she thought that the Commission could close the hearing, noting that she may be able to get the number tomorrow. Motion made by Richard Benevento to dose the public hearing, seconded by Jay Donnelly and approved unanimously. Discussion: Massachusetts Aeronautics Commission Debbie Hurlbun addressed the Commission and explained that she was contacted by MAC to come in and discuss the condition of herbicide applications. She noted that she explained to them that this would be a discussion only and that they would have to file for a modification of the Order of Conditions. Page 4 of 6 Diane Moss of Bay State Environmental addressed the Commission and explained that condition # 26 was of concern to them. She stated that they have talked with lVlr. Tom Knowleton of the Beverly/Salem Water Supply Board and he is present at the meeting this evening to address the Commission. She also noted that the Order of Conditions issued by the Wenham Conservation Commission allowed for the use of the herbicide. Mr. Knowleton addressed the Commission and stated that the herbieide that they wish to use is glufosate based and is approved for water supplies. He stated that he has no problem with them using it in that area. Jay Donnelly expressed concern about spillage of the herbicide during the application of it. He also questioned the effects of rain after the application. Ray Taylorson stated that it is written into the specifications that the minimum rain safe period is 4 - 6 hours after the application. He explained the procedures used for determining the timing of the application. Richard Benevento suggested that the Commission modify condition # 26 to allow the use of the herbicide and that approval is limited to the use of Glyphosate within the catchment are of the Beverly/Salem Walter Supply. He also noted that in VMA area C the.treatmem should be limited to the treatment of stumps. Mr. Benevento also suggested that the applicant should obtain water samples following the first rain of the first application, as well as subsequent applications, noting that it is a public water supply. Copies of the report should also be given to the Commission. Jay Donhetty stated that he would like the storage and the mixing of the herbicide to take place outside of the catchment area. Mr. Taylorsen stated that the herbicide will be transported in five gallon back packs. Richard Benevento asked if the asphalt construction debris has been removed from the site. Paul Barnacle of the Beverly Airport Commission addressed the Commission and stated that the material will be removed. The Commission had a discussion on the procedure that should be followed to modify this Order of Conditions. Richard Benevento stated that he felt that the Commission could modify the order. Debbie Huffhurt stated that she felt that the Commission needed to reopen the hearing and amend the order. Jay Donnelly expressed coneera that the public has not been included in this discussion and he would like to reopen the hearing to allow them to do so. Dr. Johnson stated that he felt that this is a significant amendment and agreed that the heating should be reopened. Richard Benevento stated that he has reservations about reopening the hearing. Debbie Hurlhurt noted that she never told the applicant that the Commission would act on this matter this evening, noting that this was to be a discussion only. It was agreed that that the applicant would file for an amendment of the Order of Conditions. Page 5 of 6 APPROVAL OF MINUTES The approval of the Minutes of February 18, 1997 was tabled. The mutes of the meeting of March 4, 1997 were presented for approval. Motion made by Dr. Johnson to approve the minutes of the meeting of March 4, 1997, seconded by Richard Benevento and approved unanimously. ORDERS OF CONDITIONS: 1. Sunday Drive - Lot # I Motion made by Dr. Johnson to issue the Standard Order of Conditions for Sunday Drive, seconded by Jay Donnelly and approved unanimously. 2. Preston Place Motion made by Jay Dormelly to issue the Standard Order of Conditions for Preston Place and approved unanimously. There being no further business to come before the Conservation Commission at this meeting a motion was made by Dr. Jolmson to adjoum the meeting, seconded by Jay Donnelly and approved unanimously. The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco Acting Clerk BCC031897 Page 6 of 6