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1997-07-01Beverly Conservation Commission Minutes of Meeting Tuesday, July 1, 1997 A regular meeting of the Beverly Conservation Commission was held on Tuesday, July 1, 1997 at 7:00 p.m. in the City Council Chambers, 191 Cabot Street, Beverly City Hall. Those present were: Vice-Chairman Tony Paluzzi, Jay Donnelly, Dr. Mayo Johnson, and Jon Mazuy. Also present was Assistant Planning Director Debbie Hurlburt. In the absence of Chairman David Lang, Vice-Chairman Tony Paluzzi chaired the meeting. REQUEST FOR DETERMINATION OF APPLICABILITY Continued Public Meeting - 22 Paine Avenue / First City Development Hurlburt reads letter from Weftands Preservation seeking an extension to the July 22, 1997 meeting. Hurlhurt indicates that the applicant needs more time to conduct additional surveys on the resource area as requested from the Commission. Motion made by Jon Mazuy to continue discussion on this matter to the July 22, 1997 meeting, seconded by Donnelly. All members in favor, motion carries. New Public Meeting - 198 Common lane / Peter Farmer Peter Farmer addressed the Commission, and stated that this proposal calls for the construction of a single family house and associated grading work within a buffer zone to the resource area. Farmer adds that the work will be approximately 80 feet from the entrance of the roadway. Mr. Farmer indicated that there are two wetlands on the site; one small one located closest to the driveway to be constructed, and that this wetland collects water from time to time, and then spills over into the larger wetland, and that this wetland is approximately 85' from the parking area. Mr. Farmer states that there will be grading and site preparation as well as underground utilities installed, and that there is already a "T" attachment for water and sewer which is close to the proposed driveway, and then goes to the house as does the underground electrical. Mr. Farmer adds that there will also be a deck off the rear of the house, and that there will be blasting of ledge which will be used as fill. Mr. Farmer adds that additional gravel will be brought in as needed but he plans on maintaining the natural contours. Mr. Farmer states that there aren't many areas to locate the house on this lot and this is the only area to locate one, and that he will be encroaching as far to the left away from the resource area as zoning will allow. Jon Mazuy asks if blasting will occur right at the entrance of the lot. Mr. Farmer responds that they only intend on blasting at the house location and behind it. Mr. Mazuy asks what is the depth to ledge. Mr. Farmer responds that the depth at the rear house footprint will be 9 feet. Mr. Mazuy asks if the applicant expects to hit water during excavation. Mr. Farmer responds no. Tony Paluzzi asks if the parking and driveway will be paved. Mr. Farmer responds that they are not intending on paving at this time, and he plans on utilizing 6" packed gravel base. Mr. Paluzzi asks if the drainage from the road and parking area is going into the wetland. Mr. Farmer responds that there is 80' of level land; 40' on both sides, and at the from of the property adjacent to Common Lane it dips at this location. Mr. Paluzzi asks if the driveway follows the natural contours of the land. Mr. Farmer responds that it will. Jay Donnelly suggests that the applicant put contours on the plan which would benefit the Commission to see what is existing and what is proposed. Mr. Farmer states the house is being staked off, and if the Commission comes to do a site visit then they can see that the contours placed on the plan may not be necessary. Jon Manly suggests that the Commission visit the site which would allow the members to see the area. Mr. Farmer states that he will wall the site with members. Tony Paluzzi states that he has visited the site preliminarily and asks if the blue markers on the trees indicate their removal. Mr. Farmer responds yes, and goes on to state that the trees marked with the orange markers are the trees that he intends on keeping. Mr. Paluzzi asks members if they would like to go on a site visit as a group or individually. Discussion ensued and members chose to conduct their site walk on July 12, 1997 at 7:00 a.m. Jon Mazuy asks if the wetlands are easy to see on the site. Mr. Farmer responds that he will take the members to a spot where it is easy to view. Ward Six Councilor John Murray asks if members of the public can attend the site visit. Mr. Farmer responds yes. 2 There being no further questions on this petition, Jon Mazuy motions to recess for public hearings, seconded by Jay Donnelly. All members in favor, motion carries. Continuation of Public Hearing - Shortmeadow Road / Prime Realty Trust Attorney Thomas Alexander representing Mr. Boris updates the Commission, and shows the plan to members. Attorney Alexander states that in order to create a parking lot for the employees of the businesses on Dodge Street, the applicant had to seek rezoning approval from the City Council, and this process has taken quite a while and that is why the Notice of Intent was continued for so long. Attorney Alexander states that there were a series of conditions and went on to indicate what they were: the City does not want to accept the area that Mr. Boris is offering as conservation land, so the petitioner will place a restriction on the property indicating that it cannot be used as anything other than recreation or conservation purposes. 2. the building that will be allowed is for the construction of a parking lot; and the peritioner's agrees that the building is not to be expanded upon and that there will be no increase in building size. Attorney Alexander states that the rezoning by the City Council was unanimous. Attorney Alexander introduces Mary Rimmer from Rimmer Environmental to the Commission who did the wetland delineation. Ms. Rimmer states that this area is a Bordering Vegetated Wetland (BVW) which she flagged last summer. Ms. Rimmer states that there is a wet pond behind this area, and that the remaining area is a red maple swamp. Ms. Rimmer states that the conservation restriction is on 2.2. acres, and that replication will occur on non-native species which will be replaced with native species, and then reseeded immediately so the non-native species do not recur. Ms. Rimmer adds that the wetland material to be removed will be stockpiled in an upland area away from the BVW so that seeds cannot create new plants to grow. Ms. Rimmer states that the replication area will be monitored for two years. Jon Mazuy asks if the area replicated will be upland, and wonders if there is more area that can be included for the replicaring. Tony Paluzzi adds that the Commission seeks 150% replication. Mr. Mazuy asks if the area is still flagged. Ms. Rimmer responds that she is not sure. Mr. O'Neill representing the applicant for the storm-water management issues addresses the Commission and states that the project includes an infiltration trench which eventually enters the wetland. Mr. O'Neill adds that this trench is 2' wide by 1' deep which will capture sediment, and explains that for the full length of the paved parking area, a swale will be installed to clarify the run-off before it hits the wetlands. Vice-Chairman Paluzzi asks if there is anyone else who would like to speak on this petition, there being none, Jon Mazuy moves to continue the Public Hearing on this proposal to July 22, 1997 so that a site walk can be conducted on July 19, 1997 at 8:00 a.m., seconded by Jay Donnelly. All members in favor, rnotion carries. Continued Public Hearing - 412-428 Hale Street / Landmark School John Dick from Hancock Environmental updates the Commission on the plan, and clarified who were the abutters. Mr. Dick states that there are no plans for lighting at this time because they intend on utilizing this site only during daytime hours. Mr. Dick States that the proposed field will be 30' by 24', and the fill will be brought up to grade, and that will enable them to make a leaching field which will be made up of ledge and gravel material. John Dick stated that there will be 7,876 s.f. less pavement than before. Tony Paluzzi asks what type of grass will cover the field. Mr. Dick responds that it will be .q~rf grass such as ryes. Jon Mazuy asks what type of organic fertilizers will be utilized. Mr. Dick responds that there will be very little fertilizers used. Mr. Mazuy asks if the drainage system needs cleaning. Mr. Dick responds that there is a provision for inspection of the system, and that there are 35 units and each unit has an inspection port and that each port can have individual cells replaced if needed. Tony Paluzzi asks if there is a drainage ditch that currently exists by the wall. Mr. Dick responds yes. Mr. Paluzzi states that perhaps a line of haybales at the bottom of the hill at the toe of the northwest wall should be installed. Ward Six Councilor John Murray states that he did have some questions regarding setbacks of the soccer filed but they were answered by the applicant' s representative. Vice-Chairman Paluzzi asks if there are any further questions regarding this application, there being none, Dr. Johnson moves to close the Public Heating, seconded by Jay Donnelly. All members in favor, motion carries. Continuation of Public Heating - Skater's Park - City of Beverly Debbie Hurlburt updates that Commission, and states that members received in their packet a revised plan and cross-section indicating the trenched infiltration system. Ms. Hurlburt adds that she has received a file number from DEP, and would entertain any questions that the Commission may have. Jon Mazuy asks if the excavated material will be removed immediately. Ms. Hurlbun states that the Commission can make that a condition of approval. Mr. Mazuy asks if there will be haybales installed at the site. Ms. Hurlbun responds that the Commission can make that a condition of approval. Vice-Chairman Paluzzi asks if there is anyone else that would like to speak on this petition, there being none, Jon Mazuy moves to close the Public Hearing, seconded by Dr. Johnson. All members in favor, motion carries. New Public Hearing - 36 Cliff Street / Gagne Richard Gagne of 36 Cliff Street addressed the Commission and states that he is proposing to construct a deck at the rear of his property that abuts the Bass River. Mr. Gagne states that there will be 3 post holes dug for the 3 footings required for the deck. Mr. Gagne states that he is here because the work falls within the 1st Inner Riparian Zone of the Riverfront area. Mr. Gagne states that backfill that cannot be used for the excavation work will be taken away. Dr. Johnson states that he conducted a site walk today, and that two of the post will go through an existing deck, and adds that he has no problem with the project. Tony Paluzzi asks what type of equipment will be utilized for this project. Mr. Gagne states that he intends on doing all the work with a shovel and post hole digger. Mr. Gagne adds that the holes will be made big enough for the sonar tubes to go in, approximately 10" in width and 3 1/2-4' deep. Jon Mazuy asks if he expects to encounter water. Mr. Gagne responds no. Tony Paluzzi asks what the depth to grade of the river is. Mr. Gagne responds 30' from mean high water, and that the seawall actually sits on ledge. Vice-Chairman Paluzzi asks if there were any other questions for this project, there being none, Dr. Johnson moves to close the Public Hearing, seconded by Jon Mazuy. All members in favor, motion carries. 5 Issuance of Order of Conditions 36 CLIFF STREET - RICHARD GAGNE Jon Mazuy moves to issue Standard Commission Conditions with only a haybale barrier installed as indicated on the plan, seconded by Jay Donnelly. All members in favor, motion carries. SKATERS PARK - CITY OF BEVERLY Jon Mazuy moves to issue Standard Conm~ission Conditions with only a haybale barrier installed as indicated on the plan, seconded by Jay Donnelly. All members in favor, motion carries. 412-428 HALE STREET - LANDMARK SCHOOL Jon Mazuy moves to issue Standard Commission Conditions as follows: 1. no chemical herbicides, pesticides and/or fertilizers shall be used during consauction; 2. The finished property shall be treated only with organic fertilizers, pesticides or herbicides, if needed, and must be a recognized approved product endorsed by the EPA; 3. Applicant shall install haybales 5' from the proposed wall, starting at the northwest section continuing to the north and east along the entire proposed wall; 4. Site development contractor shall not block the stream coming out of the pool on Endicott property; 5. 20 extra haybales shall be maintained on the property in the event of an emergency; and 6. No further dumping shall occur at the northeast or northerly side of the site. motion seconded by Jay Donnelly. All members in favor, motion carries. Certificate of Comnliance - Corer Paulette - 11 Dodge Street Tony Paluzzi states that he visited the site and that the grass is at 95% cover, and that the rest of the site looks good and that he would recommend issuing a Certificate of Compliance. Motion by Dr. Johnson to issue a Certificate of Compliance to 11 Dodge Sixeel, seconded by Jon Mazuy. All members in favor, motion carries. Other business PHILLIPS ESTATES Debbie Hurlburr reeds a letter from the Emergency Management Director Mark Foster regarding his desire to utilize a ball-field size portion of the property for a canine search evaluation. Jon Mazuy suggests that two conditions would be appropriate; one is that the dogs be curbed, and that the grass clippings be removed from the site. Motion by Jon Mazuy that the Phillips Estates Conservation area be utilized, for the canine search evaluation with the above mentioned conditions, seconded by Jay Donnelly. All members in favor, motion carries. THOMAS ROAD - CHRIS VELONIS Tony Paluzzi states that he is concerned with the project at Thomas Road. Mr. Paluzzi states that there is dirt that is going over the haybales, and he would recommend that the Conservation Administrator contact the applicant to rectify the situation. Minutes The minutes for the June 10, 1997 meeting were postponed to the July 22, 1997 meeting due to the lack of a quorum to vote On these minutes. Adjournment There being no further business, a motion was made by Jon Mazuy to adjourn the meeting, seconded by Dr. Johnson. All members in favor, motion carries.