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1997-02-18BEVERLY CONSERVATION COMMISSION MINUTES OF MEETING FEBRUARY 18, 1997 A regular meeting of the Beverly Conservation Commission was held on February 18, 1997 at 7:00 p.m. in the Beverly Senior Center, 90 Colon Street. Those Present were: Chairman David Lang, Patricia Grimes, Tony Paluzzi, Jon Mazuy, 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: Continuation: Lakeshore Avenue & Bonad Road/delineation determination/Symes Chairman Lang reads a letter from Elizabeth Wallace of Hayes Engineering requesting an extension of time. (On File). There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to continue the Request for Determination of Applicability to the Commission's next meeting scheduled for March 4, 1997, seconded by Pat Grimes and approved unanimously. A motion was made by Tony Paluzzi to recess for the purpose of holding public hearings, seconded by Jon Mazuy and approved unanimously. Public Hearings Continuation of Public Hearing:28 Hill Street/installation of pipe/IT Corp. Val Miller of IT Corp. addressed the Commission and explained that the homeowner is seeking to take out a sump pump in the basement of the residenceand install a PVC discharge pipe from the location of the house to the brook. Ms. Miller stated that the flow of water and the water balance will not be influenced by the installation of this pipe and that no wetlands will be impacted. Ms. Miller explained that the pipe will be installed under the grass and that that area will be reseeded. Chairman Lang asked if the pipe would extend to the edge of the stream and if rip rap would be placed down by the stream. Ms. Miller stated yes. Chairman Lang asked how far will the pipe protrude out. Ms. Miller explained that the pipe will not protrude out that it will be flush and underground. Chairman Lang asked if the pipe would be connected to a monitoring unit inside the house. Ms. Miller stated yes and explained that there will be scheduled sampling and that those reports will be submitted to the Conservation Commission for review. Tony Paluzzi asked how deep will the pipe be installed into the ground. Ms. Miller stated 1' or so and explained that they will dig the trench by using hand equipment. Jon Mazuy asked where does the water come from. Ms. Miller stated ground water. Jon Mazuy asked if the discharge would flush into the public drainage. Ms. Miller explained that this resident does not have city sewerage. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to close the Public Hearing, seconded by Jon Mazuy and approved unanimously. Debbie Hurlburt explained to Ms. Miller that IT Corp. should submit a site plan. Continuation of Public Hearing: L.P. Henderson Road/vegetation management/MAC Debbie Hurlburt stated that the Commission has several documents to read through and has asked the applicant to provide for an extension by which the Commission can review this information. A motion was made by Tony Paluzzi to continue the Public Hearing to the Commission's next meeting scheduled for March 4, 1997, seconded by Jon Mazuy and approved unanimously. Continuation of Public Hearing: 175 West Street/road relocation/ construction/Newberry Robert Lynch of Atlantic Engineering addressed the Commission and stated that the applicant is seeking to relocate the existing driveway of his residence at 175 West Street. Pat Grimes noted that she doesn't think that there will be any significant impact regarding the River's Act and that she has no problem with this request. Tony Paluzzi noted that Richard Benevento would like to see the line of hay bales extended out at least 25 feet wider, parallel with the street. Mr. Lynch stated that they would extend.the hay bales, and explained that they will extend the hay bales to the concrete retaining wall. There being no further questions or comments regarding this matter, a motion was made by Pat Grimes to close the Public Hearing, seconded by Tony Paluzzi and approved unanimously. Richard Benevento joins the meeting at this time. New Public Hearinq: 20 Foster's Point/house construction/McNeil Ms. McNeil addressed the Commission and explained that the house at 20 Foster's Point is presently a one floor single family home and that she is seeking to add a second story addition with other renovations. Ms. McNeil explained that the addition would stay within the current footprints of the house and that a building permit was issued on October 1, 1996. Chairman Lang asked is the present size of the house. Ms. McNeil stated 41' x 42'. Tony Paluzzi asked if there would be any excavation done around the house. Ms. McNeil stated no. Tony Paluzzi asked how do you plan on removing waste material. Ms. McNeil stated that a dumpster will be put in the driveway. There being no further questions or comments regarding this matter, a motion was made by Tony Paluzzi to close the Public Hearing, seconded by Jon Mazuy and approved unanimously. New Public Hearinq: 4 Marqin Street/construct rip-rap slope/ Pelletier Chairman Lang recused himself from discussion of this matter. Phil Pelletier of North Shore Marine addressed the Commission and explained that a rip rap slope needs to be constructed in this area to maintain the slope. He also explained that a small pier and float needs to be constructed to allow access from the boat ramp, and that the wood ramp presently there is in a state of disrepair as well as the bulkhead. Mr. Pelletier stated that there will be minimal filling on the slope and that 200-300 pounds of stone are presently on the site. Tony Paluzzi asked if they would be replacing the whole pier. Mr. Pelletier explained just the pier owned by 4 Margin Street. Tony Paluzzi asked what will you do with the poles. Mr. Pelletier explained that they will be extracted. Toby Paluzzi asked if they would be filling in the holes.' Mr. Pelletier explained that they generally leave as is and let them fill in by themselves. Richard Benevento asked if the CZM has bean notified. Mr. stated that the Army Corp has been notified and that they are awaiting a response from them. Tony Paluzzi asked if the poles would be extracted at low tide. Mr. Pelletier explained that it really doesn't matter if it is low tide or high tide. Tony Paluzzi asked what their intention was with the bulkhead. Mr. Pelletier explained that the bulkhead is in a state of disrepair, that they will cut the top off, leave the remainder and go over it with rip rap. Tony Paluzzi asked how will the edge of the ball field's stone wall be protected. Mr. Pelletier explained that the rip rap will abut the stone wall and that they won't leave it so it is in danger of collapsing and stated that they will armor it with stone. Debbie Hurlhurt questioned if they were under any time limits by the DEP due to their order to remove or replace the pier. Mr. Pelletier stated that they would like to see if the construction could be done before the boating season began. Tony Paluzzi asked if the waste material would be removed from the site daily. Mr. Pelletier explained that a dumpster will be on site and that they will empty as necessary. Debbie Hurlburr questioned if the waste material would have to be disposed of in a special way. Mr. Pelletier stated no and explained that the wood was not treated and is not hazardous. Richard Benevento noted that the first page of the plan has a lot of general notes and that it was necessary for the developer to provide construction sequence plans on a daily basis and that they should put something together to be part of the Order of Conditions. Mr. Pelletier stated that it will be no problem to supply this information. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to continue the Public Hearing to the Commission's next meeting scheduled for March 4, 1997, pending a site visit on Saturday, March 1, 1997 at 8:30 a.m., seconded by Jon Mazuy and approved unanimously. Chairman Lang returns to the meeting at this time. Continuation of Public Hearinq: Shortmeadow Road/parkinq lot/Prime Realty Trust, II Debbie Hurlburt explained that Attorney Alexander has asked for an Extension of Time until the Commission's first meeting to be held in June 1997. 4 A motion was made by Tony Paluzzi to continue the Public Hearing until the Commission's meeting in June 1997, seconded by Jon Mazuy and approved unanimously. Chairman Lang states that the Commission will recess for two minutes. Continuation of Public Hearinq: Sunday Drive-Lot 2,3 & 4/house construction & roadway/Carnevale Pat Grimes recused herself from discussion of this matter. Adel Furellio of Wetlands Preservation, Inc. addressed the Commissionand explained the subdivision plans for house lots 2, 3, & 4. She noted that there was one issue raised regarding tree cutting in Lot #2. Ms. Furellio recommended that some type of erosion control plan is incorporated into the Order or Conditions as well as specifications for replanting due to tree cutting so that the developer stays in good working order throughout construction of these lots. Richard Benevento explained that erosion control is already stated in the Order of Conditions and that she might want to convey this to the applicant. MS. Furellio suggested that they could monitore the area and send the reports to the Commission on a regular basis for review and comment. Richard Benevento asked what the size of the trees were that were cut down. Chairman Lang stated less than 12", probably 3"-6". Ms. Furellio explained that the stumps were still visible and that they were technically shrubs, but that tree planting is appropriate. Chairman Lang explained to the Commission that they could make recommendations to the Planning Board. Kim Driscoll, Attorney representing the applicant addressed the Commission and explained that the applicant will be at the Planning Board's meeting and that the applicant has already agreed to replace the trees that were taken down to construct the detention pond. Richard Benevento stated that there is a process in which things are to be done, that nothing should happen in advance before permission is granted and that he would like the courtesy of knowing what is going on before hand. Chairman Lang asked if anyone from the public would like to speak. 5 Tim Liporto of 2 Old Rubbly Road stated that there is water run-off containing dirt coming from Sunday Drive onto Rubbly Road and asked how soon will this problem be rectified and will catch basins be installed. Ms. Furellio explained that she was not sure of the construction plan schedule. Kim Driscoll explained that within the next two months catch basins will be installed and all other problems will be solved. Chairman Lang suggested that they put hay bales on both sides of the road to keep the water on Sunday Drive. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to close the Public Hearing for Sunday Drive-Lot 2, seconded by Tony Paluzzi and approved unanimously. A motion was made by Jon Mazuy to close the Public Hearing for Sunday Drive-Lot 3, seconded by Tony Paluzzi and approved unanimously. A motion was made by Jon Mazuy to close the Public Hearing for Sunday Drive-Lot 4, seconded by Tony Paluzzi and approved unanimously. New Public Hearinq: Sunday Drive-Lot 1/house construction/ Camevale Adel Furellio of Wetlands Preservation Inc. addressed the Commission and explained the subdivision plan for house lot 1. Ms. Furellio explained that a Determination of Applicability was submitted to the Commission two months ago and was given a positive determination therefore that is why they are filing a Notice of Intent for this lot and that nothing has changed with the initial plan, and that all proposed work will be done outside the buffer zone, as well as the grading. Chairman Lang asked if the wetlands present in this area go onto Lot #1. Ms. Furellio stated no and explained just buffer zone work. Richard Benevento asked if the lot pitched towards the street and if the street pitched towards Rubbly Road. Ms. Furellio explained that the lot pitched towards the wetlands and that the street pitched towards a low point on the road. Chairman Lang asked if anyone from the public wished to speak. Ms. Martucci of 3 Old Rubbly Road stated that there are a lot of water problems in this area and asked what is going to happen to her property when all the new construction begins, and noted that she is concerned with the effect the new construction will have on 6 the pond and the water flow and stated she didn't want it to effect her anymore. Ms. Furellio explained how the construction process would go. Tim Liporto of 2 Old Rubbly Road asked who will maintain the detension pond, drainage trenches, etc. Chairman Lang stated that it is the City's responsibility. Jon Mazuy questioned the length of the 70 contour line on the westerly side of Lot #1 and asked what the elevation will be. Ms. Furellio explained how the contour line will run. Jon Mazuy questioned if there is going to be a flow of water from that point to the Martucci property. Ms. Furellio explained that she didn't have a big enough plan with her tonight to show that area in question. Jon Mazuy asked if this area will slope down to the Martucci land. Ms. Furellio stated yes, it appears that way. There being no further questions or comments regarding this matter, a motion was made by Jon Mazuy to continue the Public Hearing to the Commission's next meeting scheduled for March 4, 1997, pending an individual site visit, seconded by Tony Paluzzi and approved unanimously. Pat Grimes returns to the meeting at this time. Continuation of Public Hearinq: Access Road/house construction & roadwav/Carnevale Adel Furellio of Wetlands Preservation, Inc. addressed the Commission and explained that there has been changes in the flagged area of the wetlands, and that the detention pond need to be redesigned. Don Brings a private design drainage consultant addressed the Commission and stated that a new roadway from site 1 has been devised and explained that the run-off will flow to catch basins then into a drain, and then into a detention pond, that the flow will balance off and that the total flow will be equivalent to the existing flow. Richard Benevento asked what elevation will the access easement be. Mr. Brings stated in the 50 range. Richard Benevento asked if the easement was going to be given to the City. Mr. Brings stated yes, for maintenance purposes. Chairman Lang asked if they would be cutting part of the roadway down. Mr. Brings stated he didn't think so. 7 Chairman Lang asked what the elevation at the end of the rock swale will be. Mr. Brings stated at the end of the swale, at the discharge point where the swale ends, will be between 43-44. Chairman Lang asked how will the developer manage the construction sequence with this additional fill and stabilize the wetlands. Mr. Brings explained that hay bales will be put down and that they will monitor the area so there is no filling in of wetlands. Mr. Brings stated that they will have to be careful with the type of equipment used. Ms. Furellio stated that they could trench a silt fence with double-backed hay bales for an adequate erosion control method. Richard Benevento stated that hay bales and silt fencing need to be staked in on the north side and stated that he has concerns with the filling in that close to the resource area and that the Commission might want to impose some limits of work zone. Chairman Lang suggested that at the next meeting the developer come back with a more elaborate site plan showing a construction sequence plan, an erosion control plan, a final contour map, a cross section erosion control plan, a plan for where hay bales and silt fencing are going to be placed, a site plan with existing buffer zone indicators, and a list indicating all stockpiled materials that will be present on the site for some time. Chairman Lang stated that he was also concerned with how close the fill will be brought onto the site by the wetlands. Richard Benevento asked what type of fill will be brought in. Mr. Brings stated gravel. Chairman Lang stated that he would like to see a buffer zone between the construction and the wetlands. Mr. Brings stated that he will talk to the designer and will accommcdate these concerns. Chairman Lang asked if anyone from the public wished to speak. joan Murphy of 36 Longmeadow Road asked if there was a file # yet. Debbie Hurlburt responded yes and stated that it is File #5571. Joan Murphy stated that Lot #4 is a very difficult lot of land to construct and that she doesn't believe that the resource area will not be affected. Ms. Murphy explained that when it rains this area gets soaking wet and stated that she feels that this is not a valid lot because it is a part of the red maple swamp. MaryAnne Solimeno of 35 Longmeadow Road noted that she agrees with Joan Murphy's comments and stated that there is a lot of water in this area. Mr. Brings explained that there will nct be an increase of water flow, that the water balances off. 8 There being no further questions or comments regarding this matter, a motion was made by Tony Paiuzzi to continue the Public Hearing to the Commission's next meeting scheduled for March 4, 1997, seconded by Richard Benevento and approved unanimously. A motion was made by Tony Paluzzi to reconvene to regular session, seconded by Jon Mazuy and approved unanimously. Request for Determination of Applicabilities: Continuation: 10 Virqinia Avenue/delineation determination/Jones Adel Furellio of Wetlands Preservation, Inc. addressed the Commission and explained that this parcel of land is under an Enforcement Order. She stated that a site review was done and that she has aerial photographs for the Commission to review and that the photos show that the fill was already present in 1980 and the photo taken in 1990 show that the land looks the same but could possibly have more fill. Ms. Furellio suggested that the applicant file a Notice of Intent to address the Enforcement Order, restore the wetlands area and address the flooding problems which have been brought up by the residents. Richard Benevento stated that all work relative to the Enforcement Order must be rectified. Don Brings suggested that the developer hire someone to take the material out, relocate the fill and construct the roadway all at one time. Richard Benevento stated that a Notice of Intent should be issued to address the Enforcement Order to correct the wrong doings and re-establish the resource area, then return for an RDA to approve the limits of the resource area. Richard Benevento also suggested that the developer come in with a new plan. There being no further questions or comments regarding this matter, a motion was made by Richard Benevento to issue a Negative Determination of Applicability, seconded by Jon Mazuyand approved unanimously. There was a finding that the plan submitted in the Request does not accurately identify the historic resource area on the site. A motion was made by Tony Paluzzi to reconsider the last motion, seconded by Pat Grimes and approved unanimously. A mction was made by Richard Benevento to issue a Positive Request for Determination of Applicability, seconded by Jon Mazuy and 9 approve dunanimously. There was a finding that the plan submitted in the Request does not accurately identify the historic resource area on the site. Extension Permit Tuck Point Marina A representative from Tuck Point Marina present tonight on behalf of Mr. Warren Sawyer addressed the Commission and requested a 30 day extension of time. Debbie Rurlburt indicated that Mr. Sawyer was out of the country and he is the gentleman who would be able to provide the Commission with the most information. There being no further questions or comments regarding this matter, a motion was made by aon Mazuy to grant a 30 day Extension of Time, seconded by Tony Paluzzi and approved unanimously. Order of Conditions 28 Hill Street A motion was made by Tony Paluzzi to issue standard conditions for the project, as well as special conditions that the applicant submit EPA sampling reports as they become avai!able and that any IRA or RAM status report be submitted to the Commission~ seconded by Jon Mazuy and approved unanimously. 175 West Street A motion was made by Tony Paluzzi to issue standard conditions and the line of hay bales to be installed for erosion control be extended 25' wider to run parallel with the street, seconded by Jon Mazuy and approved unanimously. Sunday Drive - Lots #2, 3 & 4 A motion was made by Tony Paluzzi to issue (1) standard conditions, (2) that the street be swept weekly or as necessary to prevent the disbursement of silt sediment, mud, etc., (3) that hay bales are placed at the corner of Sunday Drive and Old Rubbly Road and at all catch basins which collect run-off from the site or carry onto the site within or adjacent to the project limits, (4) all siltation controls shall be routinely maintained throughout the construction site, (5) biweekly inspection reports be submitted to Debbie Hurlburt until sufficient time as the Commission feels that the site is stable, (6) prior to work commencing the applicant shall submit to the Conservation Administrator schedules and sequencing plans regarding construction activities, (7) prior to work commencing the developer submit a plan for replacement of trees, 10 end that the plensubmitted shall identify the D-mher of shrubs end trees that have already been removed end replace removed trees and shrubbery with new ones, no less than 12 and (8) all planting shall be compatible with the existing vegetation, seconded by Jon Mazuy end approved unanimously. Foster's Point A motion was made by Tony Paluzzi to issue stendard conditions end in addition that haybales to be installed 25' downgradient of construction, seconded by Richard Benevento and approved unanimously. Old/New Business Debbie Hurlburt noted that the next two Conservation Commission meetings are scheduled for March 4, 1997 and March 18, 1997. Adiournment A motion was made by Jon Mazuy to adjourn the meeting, seconded by Tony Paluzzi end approved unanimously. The meeting was adjourned at 9:30 p.m. 11