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1997-05-20BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING MAY 20. 1997 A regular meeting of the Beverly Conservation Commission was held on May 20, 1997 at 7:00 p.m. third floor City Hall 191 Cabot Street. Those present were: Vice Chairman Tony Paluzzi, Pat Grimes, Jay Donnelly, Dr. Mayo Johnson and Richard Benevento (8:30). The meeting was called to order by Vice Chairman Paluzzi at 7:05 p.m. Request for Determination of Applicabilities: Continuation: 45 Enon Street Peter Ogren of Hayes Engineering representing Frangos Realty Trust, addressed the Commission and stated that he believes that this land is not a pond but an Isolated Land Subject to Flooding. Pat Grimes states that she would like to hear from Dr. Mu!ligan, the consultant that the Commission hired. Dr Hugh Mulligan from Gulf of Maine Research Center states that he visited the site, and reviewed the applicants revised plan and disagrees with Ogren's assertion. Dr. Muliigan explains that on page 2 of his report the definition of a pond has at least 10,000 s.f. of water and this area has 11,542 based on the revised site plan. Jay Donnelly asks who placed flags. Peter Ogren responds Fugo East. Dr, Mulligan states that where the edge was flagged, there were small lateral wetland plants around the perimeter and were no tree or no shrubs. Pat Grimes asks Dr. Mulligan ff he thinks it is a pond. Mulligan responds yes. Jay Donnelly and Dr. Johnson state that they think it is a pond also. Pat Grimes makes a motion for a Positive Determination of Applicability for a pond resource area whether it is a pond with a buffer zone of 100 ft., seconded by Dr. Johnson. All members in favor. Motion carries. Dr. MuHigan states that the entire 11,000 sq foot area is open water that contains wetlined shrubs such as buttonbush and spalanathus and are typical in ponds. Dr. Mulligan goes on to state that if it were not a pond there would trees and emergent plants, instead there are very 1 small hydrophitic and annual plants that die back. This area had philamatus green algae, typical of farm ponds, very wet conditions, too wet for trees and shrubs but perfect habitat for algae, and that this area fits the regulatoty definition of a pond. Dr. Mulligan states that to establish buffer zone you would use either the bank or mean flood elevation data whichever is lower. Dr. Mulligan states that the edge of the pond is rather steep and that the commission could even include this as the bank, and that the maximum extent of flooding is the top of bank. Continuation: Lakeshore Avenue/delineation determination/Symes Associates Tony Paluzzi states that the developer has asked to withdraw. Peter Ogren asks for a withdrawal. Motion was made by Pat Grimes to allow applicant to withdraw, seconded by Jay Donnelly. All members in favor. Motion carries. New: Boyles Street/Utility work/Mass Electric Request of Determination of Applicabilities EliTebeth Green and Gary Dion from Mass Electric presented the plans for this Request for Determination. Elizabeth Green states that Mass Electric plans to run a conduit along driveway #6 next to each other, and are planning on using hay bales along with a layer of geotextile fabric. Pat Grimes ask where is styearn located. Ms. Green pointed out the stream on the plan. Tony Paluzzi asks what is depth of conduit. Ms. Green responds that the conduit will be 30 inches below grade. Tony Paluzzi asks if they expect to hit water. Ms Green responds that they don't expect to. Tony Paluzzi asks how far up Boyle Street do they plan to go. Ms Green responds that they plan to go up Boyle Street to Cross Lane to the first two poles on Boyle Street. Tony Paluzzi asks if they will be going over a culvert. Ms. Green responds yes. Tony Paluzzi asks how they plan to handle the soil. Ms. Green responds that they plan to remove the excavated material daily, and won't need to backfill. Jay Dennelly asks Ms. Green if she has any idea as to where the 100 foot buffer zone is. Ms. Green responds that the most sensitive area is culverted. 2 Jay Donnelly asks how the road will be handled. Gary Dion responds that when the street is to be excavated, it will be closed to thru traffic. Tony Paluzzi asks if there are any questions or comments. Renee Mary of 274 Hale Street states that the wetlands are shrinking in this area. Elizabeth Green states that the conduit will go over the culvert and not change the water flow at all. Mr. Ted Mooney of 87 Boyles Street asks how long will the street be dug up, and when will construction begin. Mr. Dion responds will take up to 1 year and construction w~l begin this summer. Mr. Mooney asks if fence will be removed. Mr. Dion responds that is the intent. Mr. John Allen of 85 Boyles Street states that Mass Electric has been expanding their sight since 1975. Mr. Allen states that he has spoken with Mr. John Upton, the Public Relations person and Mr. Upton indicated that the street will be repaved. Mr. Dion states that if they are required to, they will repave from curb to curb, and the City Engineer will be the entity to determine this issue. Mr. Mooney asks about the MBTA area which is growing. Tony Paluzzi states that they will have Deb Hurlbutt look into it. Pat Grimes makes a motion to move for negative determination #3. Seconded Jay Donnelly. All members in favor. Motion carries. The Commission issued their Standard Conditions and Special Conditions as follows: No excavated materials can be stored on site and must be legally removed. If dewatering is necessary, the applicant shall supply commission with dewatering detail which they intend to utilize. New: 22 Paine Avenue/delineation determination/First City Development Request of Determination of Applicability Mr. Kurt Young of Wetlands Preservation representing the applicant, Paul Quinn, states that the lot has very poor soil conditions with high bedrock content with ground water runoff with an upland vegetation mix. Vice-Chairmen Paluzzi asks if anyone has questions of comments at this time. Elizabeth Riordan of 25 Paine Avenue has concerns about the lake that ranges from 6 inches to 3 1/2 feet deep and is 20 feet long. Vice-Chairman Paluzzi suggests that a site visit be held on May 31 at 9:00 a.m. Pat Grimes moves to continue discussion on this matter to the June 10, 1997 meeting. Seconded by Dr. Johnson. All members in favor. Motion carries. Continuation of Public Hearing: Birch Woods Drive (Lot 11) house construction Cove Realty Trust Mr. Kurt Young of Wetlands Preservation request a continuation of the public hearing to June 10, 1997 for Birch Woods Drive (lot 11) due to the need to attain additional information. Grimes make a motion to continue the public hearing to June 10, 1997, seconded by Dr. Johnson. All members in favor. Motion carries. Continued Public Hearing: 4 Gavin Circle/deck addition/Mark Namaroff Mr. Namaroff, the owner and applicant, states that no vegetation will be touched in the construction of the deck and that excavating will be done by hand. Jay Donnelly moves that information is sufficient to close public hearing, seconded by Grimes. All members in favor. Motion carries. Jay Donnelly moves to grant an order of conditions and that hay bales be used and that the site shall be cleared of debris daily and all cutting of wood be done in the area away from the resource area. Tony Paiuzzi seconds and the motion is carried. Continued Public Hearing: Sam Fonzo Drive/City of Beverly & Fonzo Realty Trust: Mr. Peter Ogren from Hayes Engineering updates the Commission on the proposal and states that there was a mix-up of the time of the last site visit. Pat Grimes states that she found the stormwater management form standard #5 lwoubling because of the statement in Hayes Engineering that this area does not have a higher potential of pollutants. Mr. Ogren responds that this application is for the road only and he believes that there is not a higher potential for pollutants. 4 Pat Grimes states her concern that if you build stormwater management system it will not be adequate for additional development sites. Mr. Ogren responds that the sites for development will not be using the roadways stormwater management plan, and will have to develop their own this system only for the roadway and crossing. Richard Benevento states that any site could be a potential tributary to a resource area. Pat Grimes states that she is concerned with operation and maintenance plan because it is too vague. Mr. Ogren responds that he tried to keep plan trouble free. Jay Donnelly asks how frequently should the detention basin be cleared. Mr. Ogren states that it would take 100 years for detention basin to take out finer particles. Pat Grimes states there should be a maintenance plan. Richard Benevento states it should be as needed. Pat Grimes states that it should be more frequen~y during construction. Richard Benevento states that it should be monitored on a daily basis during construction. Pat Grimes states the need for a construction maintenance plan, and that an inspection every 3 months is unacceptable. Richard Benevento states that the Commission can specify that in the order of conditions. Pat Grimes states that there is a need for a more detailed plan for SWMS, while things are being built. Peter Ogren responds that potentially there will be no need for a siltation pond. Richard Benevento states then it will be a working basin in progress and that the Commission needs a provision for that silt, and what will happen when BMP is in place, will there be siltation control, and voiced concern regarding repilcation. Mr. Ogren states that the standard is to replant the bordering vegetative wetlands, and that his clients have no problem with this but that there are dual applicants. Richard Benevento states that there is a 5,000 square foot maximum restoration for each submission and this can be distributed up to a possible 55,000. Benevento adds that currently the area of disturbance is 12,000 square feet, and that there is a conservation reslyiction within the limits of this fling. Pat Grimes reiterates that the SWMP should be more comprehensive. Mr. Ogren responds that the handbook she is referring to is dated March 1997 and was not available at the time of filing. 5 Renee Mary of 274 Hale Street ash that the entire site be looked at and the FEIR talks about blasting and groundwater. Ogren states that has been done. Ms. Mary asks about a bridge. Mr. Ogren says it was considered but rejected because of cost in FEIR. Richard Benevento makes a motion to continue the public hearing to June 10, 1997 and recommend a second site visit on May 31 at 10:30 a.m., seconded by Grimes. All members in favor. Motion carries. New Public Hearing: 40 Neptune Street/stair construction/Dennis Wolkoff Mr. Dennis Wolkoff of 40 Neptune Street presents the application and plans for this proposal, and shows pictures and plans of where his steps will be located, how wide and how tall they will be. Tony Paluzzi asks if they plan to use heavy equipment, solid concrete, and how long will the project take. Mr. Lee Marchand, the Contractor, states that he plans to use heavy equipment and solid concrete. Jay Dormelly asks what they will do with sand they dig up. Mr. Marchand states it is his intention to leave it on the beach. Richard Benevento asks if all necessary permits were applied for. Mr. Wolkoff is under the impression that he did not need to obtain further permitting prior to Commission approval. Richard Benevento makes a motion to continue hearing. No one seconds. Benevento motions to withdraw his motion, seconded by Donnelly. Approved unnamously. Motion carries. Jay Dormelly makes a motion to close public hearing, seconded by Benevento. AH in favor. Motion carries. Jay Donhetty makes a motion to issue an order of condition with the Special Condition that the applicant provide written documentation that all permits have been applied for, and issue Standard Coastal Conditions, seconded by Grimes. Members in favor Grimes, Donnelly and Johnson. Opposed Benevento and Paluzzi, 3 in favor, 2 opposed. Motion carries. 6 New Public Hearing: Cross Lane/sewer installation/Cove Realty Trust Sally Newman of Wetlands Preservation, Inc explains the construction sequence; the trenching will be one day, and backfilled the next and that they plan on using a mobile de- watering filter. Jay Donnelly asks ff the finished grading will change, and if homes to the north will be tied in. Renee Mary of 274 Hale Street ash if they will be working in the mad. Newman responds yes. Michel Cappucio of 67 Cross Lane is concerned about blasting and how long it will take. Kurt Young of Wetlands Preservation, Inc. responds that it is a legal requirement to have a pre-blast and post-blast survey, and that it will take approximately six weeks. Richard Benevento asks if existing service in existing roadway will be impacted. Kun Young responds no. Jay Donnelly makes a motion that information is sufficient to close public hearing, seconded by Grimes. All in favor. Motion carries. Jay Donnelly moves to issue an order of conditions with special condition that the City Engineer inspect the culvert prior to backfill and issue Standard Commission Conditions, seconded by Dr. Johnson. All in favor. Motion carries. Extension Permit: 65 Hathaway Avenue Pat Grimes recused herself from discussion on this matter. Hurlburr indicated that there is one lot that has yet to be completed. Benevento asks if the permit has expired. Hurlburr responds yes. Benevento motions to deny extension request, seconded by Donnelly. All in favor. Motion carries. Old/New Business Sunday Drive Richard Benevento makes a motion that all trees for the Sunday Drive replanting should be 3 1/2 inch minimum or a height of 6-8 feet minimum, they must be guaranteed for two growing seasons and must be staked and guyed, seconded by Donnelly. All in favor. Motion carries. 7 Deb Hurlbutt stated that she received a letter from Maestranzi for the commissions information. Deb Hurlbutt stated that she has received a renewal application from Essex County Greenbelt. Benevento motions to expend $50.00 from their account for membership, seconded by Grimes. All in favor. Motion carries. Deb Hurlbutt wanted to bring to the attention of the board that a City owned lot on Stanley Street was being used as a dump. Deb recommends the Commission issue an enforcement order. Richard Benevento states that the enforcement order would go to the city as the owner of the land, and recommends contacting the City Solicitor to attend to this matter. Hurlbutt asks members to give comments to her in the event that they would like to comment on Rivers Bill. Hurlbun states that at the next meeting, the City Engineer will be presenting an application for a skater's park. Meeting was adjourned at 11:20. 8